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DE HB122

Bill

Status

Passed

2/28/2024

Primary Sponsor

William Carson

Click for details

Origin

House of Representatives

152nd General Assembly

AI Summary

  • Expands nutrient management plan requirements to include aerial photographs of field boundaries, surface waters, irrigation systems, sensitive areas, soil information, animal data, and results of approved risk assessment tools for nitrogen, phosphorus, and erosion losses.

  • Establishes phosphorus application restrictions based on Fertility Index Value (FIV) and Phosphorus Site Index (PSI) scores: prohibits all phosphorus application when PSI is "very high," requires PSI assessment for fields with FIV exceeding 499, and limits phosphorus application to crop removal rates on high phosphorus soils.

  • Clarifies nitrogen application rates cannot exceed University of Delaware published rates unless using an adaptive approach with certified consultant or Commission-approved model recommendations.

  • Transfers enforcement authority from Secretary to Delaware Nutrient Management Commission, which may now suspend, revoke, modify certificates and impose fines of $25-$1,000 per violation (up to $10,000 total).

  • Authorizes Commission to create subordinate hearing panels to review complaints and issue proposed orders for Commission approval, streamlining the complaint and enforcement procedure.

Legislative Description

An Act To Amend Title 3 Of The Delaware Code Relating To Nutrient Management.

Last Action

Signed by Governor

2/28/2024

Committee Referrals

Agriculture5/4/2023
Agriculture4/20/2023

Full Bill Text

No bill text available