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HD 1573

An Act regulating the application of fertilizer used in the town of Orleans

194th Legislature (2025-2026) Introduced by Julian Cyr and 1 co-sponsor

Orleans would prohibit applying nitrogen or phosphorus fertilizers, with narrow exemptions, to improve local water quality and meet nutrient standards.

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Bill Summary · HD 1573

Summary: An Act regulating the application of fertilizer used in the town of Orleans (HD 1573)

Overview

This Massachusetts bill would prohibit the application of nitrogen- and phosphorus-containing fertilizers within the Town of Orleans, with limited exceptions. The measure aims to improve local water quality and help Orleans meet state water-quality standards (TMDLs) by reducing nutrient runoff that contributes algae growth and related public health and recreational impacts.

Purpose and background

  • The bill asserts that nitrogen and phosphorus in fertilizers contaminate water bodies when present in excess, promoting undesirable algae and aquatic plant growth.
  • It notes Orleans’ coarse, sandy soils and rapid infiltration/leaching, making nutrient control particularly important for protecting drinking water, shellfishing, and recreation.
  • The stated goal is to align Orleans with Total Maximum Daily Loads (TMDLs) for nitrogen and phosphorus.

Key provisions

  • Section 1 – Findings and rationale: Establishes the link between fertilizer nutrients and water quality/ public health concerns in Orleans.

  • Section 2 – Prohibition rationale: Describes why the Town should prohibit nitrogen and phosphorus additions to soils via fertilizer to improve water quality.

  • Section 3 – Prohibition and exceptions:

    • Prohibits the application of fertilizer containing nitrogen or phosphorus (and “any other pollutants”) in Orleans.
    • Exceptions:
    • Commercial agricultural use.
    • Residential use of certified organic fertilizer with low nitrogen and phosphorus for growing fruits and vegetables that is allowable under the USDA National Organic Program (OMRI listed).

  • Section 4 – Effective date: The act takes effect upon passage.

Geographic scope and preemption

  • Applies specifically to the Town of Orleans.
  • States that, notwithstanding other laws, Orleans may regulate fertilizer application within its borders, providing local authority that may preempt broader state rules in this context.

Enforcement and implementation

  • The text provided does not specify agency roles or enforcement mechanisms; it sets the prohibition and exceptions but does not detail regulatory processes, penalties, or compliance timelines.

Impacts and affected parties

  • Affects fertilizer retailers, landscapers, agricultural operators, and residents within Orleans.
  • May influence landscaping practices, lawn care services, and gardening choices (favoring OMRI-listed organic options with low N/P).
  • Could impact local efforts to meet water-quality goals and protect drinking water and shellfishing resources.

Status and legislative history

  • Filed January 15, 2025, as House No. 994 (sponsored by Rep. Luddy and Sen. Cyr).
  • The bill indicates “Local Approval Received” within the accompanying text.
  • A related or similar measure previously appeared in 2023-2024 (House 874).

What to watch

  • If advanced, details on enforcement, penalties, and compliance assistance would clarify practical implementation.
  • Potential amendments could adjust the scope of allowable fertilizers or expand/limit exemptions.

Compiled from official sources — confirm details with the bill’s official record.

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