Meddling with fertilizer

Editorial

The busybodies in the Legislature are at it again, seeking to dictate every community policy from Tallahassee.

This time lawmakers want to undermine existing local restrictions on fertilizer use, a major source of water pollution. Last year legislators, bowing to lobbyists, passed a measure limiting local governments' ability to regulate fertilizer use.

But the law did not apply to the nearly 50 cities and counties that already had such ordinances.

These local governments had all held public hearings, reviewed the evidence and determined the best strategies for their communities.

But the democratic process doesn't mean much to the Tallahassee know-it-alls. They are quick to dismiss the decisions of local elected officials directly accountable to voters.

Legislators now want commercial landscaping operations to be exempt from local fertilizer ordinances. The target is the rainy season ban of fertilizer use, a key provision of most ordinances and an economical way to reduce nitrogen pollution.

Nitrogen can cause fish-killing algae blooms, smother seagrass and make waterways unsafe for swimming. Fertilizer washed off lawns is a major source.

The pollution can result in costly cleanup costs, particularly when local governments are found in violation of the federal Clean Water Act.

That is why local governments seek low-costs ways, such as fertilizer ordinances, to minimize runoff.

Even the legislative staff analysis acknowledges the proposal "may have a negative fiscal impact on local governments to the extent that any increased local cleanup is required due to the exemptions from local ordinances."

But meddlesome lawmakers don't have to worry about such consequences.

Locally, Pinellas County and all of its 24 municipalities, the city of Tampa and Manatee County enforce a rainy season ban on fertilizer use.

The Tampa Bay Estuary Program calculated that if the ordinances had only a 50 percent compliance rate, nitrogen runoff would have been reduced by 30.5 tons per year.

The agency estimated the potential cost savings of that reduction at $213 million, based on the costs of stormwater projects that average at least $3,500 per pound of nitrogen removal.

That achievement will be undone if lawmakers pass House Bill 421, sponsored by Rep. Jimmie Smith of Citrus, and Senate Bill 604, sponsored by Sen. Charlie Dean of Citrus.

Their bills say everyone certified to apply fertilizers in commercial operations are "exempt from local government ordinances that address the fertilization of urban turfs, lawns, and landscapes."

The workers would have to be instructed in "best management practices." Supporters of the change claim applying fertilizer during the rainy season creates healthier lawns and therefore less runoff. Perhaps, but we're dubious.

The more important issue is how lawmakers continually seek to undermine local decisions on behalf of special interests.

Statewide, baseline standards in many areas are essential. But local governments should be able to develop tougher rules that address their specific needs.

If legislators genuinely believe in limited government, they would butt out of decisions that should be a local call.