BLOOMINGTON, Ill. — Several years in the making, legislation establishing a program to help farmers use fertilizers more effectively and deliver significant reductions in nutrient losses was approved by the Illinois General Assembly May 23.

The legislation (HB 5539), which ultimately aims to improve water quality by limiting chemical and fertilizer field runoff, was sent to Gov. Patrick Quinn’s desk for his signature. “Gov. Quinn’s staff has been supportive of the bill, and the Illinois Department of Agriculture (IDOA) and the Illinois Environmental Protection Agency (IEPA) are on record in support. We expect to be communicating with Governor Quinn, but indications are that he will be supportive of the bill,” said Jean Payne, president of the Illinois Fertilizer & Chemical Assoc.

The group helped sculpt the bill, along with industry partners and the Illinois Council on Best Management Practices (C-BMP). Payne expects the bill, which incorporates part of the “Keep it for the Crop (KIC by 2025)” program and embraces the “4Rs” of nutrient stewardship – right source, right rate, right time, right place – to reach Quinn’s desk within a couple of weeks. He would then have 60 days to sign the bill into law.

“We will probably coordinate with (Quinn’s) office over the summer,” she said. “Because it kicks in a whole new program for agriculture, it’s important that we communicate.”

HB 5339 makes significant changes to the Illinois Fertilizer Act, including the abolishment of the Fertilizer Research & Education Council, from which user-supported funds were often “swept” from the Illinois General Fund by legislators for other projects.

The council would be replaced by the Nutrient Research & Education Council (NREC), a new, privately held entity that will oversee nutrient research along with educational and agricultural water quality initiatives. Funds for the new council will be collected, as in the past, from “tonnage” fees paid by ag chemical dealers.

“The tonnage fee has always been a part of buying fertilizer. Now it’s going to go to a private fund held by the industry that’s no longer subject to fund sweeps,” Payne explained. “Since 2004, we have had over $1 million swept from the fertilizer research and education fund.”

Privatization of the fund is considered essential because of the increased need for fertilizer and chemical research and development. An increase in public and government pressure on farmers from environmental problems in Florida, the Chesapeake Bay and the Gulf of Mexico, blamed on fertilizers and other agricultural chemicals, mandate the need for increased research – which KIC 2025 provides, said Payne.

“We’re right in the regulatory crosshairs (in the Mississippi River Valley),” she said. “We hope to demonstrate to EPA that we can limit losses without regulatory programs. That’s what this program is dedicated to.” The bill also streamlines licensing requirements for the fertilizer industry, along with creating an administrative hearing provision in the Fertilizer Act, similar to the Pesticide Act. The industry can now request an administrative hearing regarding any alleged violations of the Fertilizer Act, according to the IFCA.

All industries affected by the new regulations will require a period of adjustment to prepare for implementation, though Quinn’s signature would enact the law immediately. A new network for distributing tonnage fees – a key aspect of the bill – will need to be ironed out, said Payne.

“We actually need some time in order to get everyone prepared,” she said. “The first monies that would come into the new nutrient council could begin in early 2013. Tonnage fees are paid twice a year by distributors, usually in the winter and summer. We envision that the tonnage fees for the program would likely come from the fall fertilizer sales.”

Dealers will need time to establish new accounting procedures to comply with the program, Payne added. The new NREC will be comprised of three representatives from grower organizations, three from the fertilizer industry, the directors of the IDOA and IEPA, a representative from the Certified Crop advisor Program and others. Nine voting and four non-voting members will serve on the board.

The bill’s passage was greeted enthusiastically by the president of the Illinois Chapter of the Sierra Club, Jack Darin. “These new tools will help farmers make smart decisions about fertilizer application, and that will reduce pollution in our waterways. We know that farmers want to be part of the solution to water quality problems, and now they’ll have access to resources and technical expertise to do so,” stated Darin, in a joint Sierra Club and C-BMP news release.

“I’m pleased to see farmers, environmental advocates and the fertilizer industry working together to find clean water solutions that work for Illinois,” added state Sen. Michael Frerichs (D-Gifford), sponsor of the bill and chair of the Senate Agriculture and Conservation Committee.