Ag cleanup bill clears first round

A bill intended to modernize regulatory language related to “beneficial substances” and update certain fees related to fertilizer and soil conditioners was amended and advanced to select file Feb. 20.

LB948, introduced by the Agriculture Committee, would rename the Nebraska Commercial Fertilizer and Soil Conditioners Act as the Nebraska Commercial Fertilizer and Beneficial Substances Act. It also would incorporate beneficial substances — such as biostimulants that support a plant’s natural processes — as regulated products and revise fees collected under the act.

Niobrara Sen. Barry DeKay, committee chairperson, said the measure would allow Nebraska to join other states that have incorporated beneficial substances into state fertilizer laws.

“The change in LB948 is consistent with the nationwide movement to update state fertilizer and soil conditioner labeling, content and efficiency verification laws to encompass new types of beneficial substances to ensure such products are honestly and accurately labeled to promote uniformity in regulation and facilitate further innovation,” DeKay said.

The bill also would add a new registration fee under the act of $50 per product to cover the department’s cost of reviewing product labels, increase the minimum tonnage inspection fee from $5 to $10 and increase an annual license fee for distributing fertilizers and beneficial substance from $15 to $25.

Among other provisions, LB948 also would repeal obsolete sections of state law relating to a number of no longer functioning agricultural organizations that DeKay said have found representation through other associations and organizations.

A committee amendment, adopted 34-1, would add the provisions of LB947, also introduced by the committee. Those provisions would:
• revise authority for license, inspection and certification fees under the Plant Protection and Plant Pest Act;
• update fees under the Nebraska Pesticide Act;
• amend the state Department of Agriculture’s duties relating to publishing and distributing the “Weeds of the Great Plains” book;
• repeal the Nebraska Poultry and Egg Resources Act and direct the transfer of funds from the Nebraska Poultry and Egg Development, Utilization and Marketing Fund to the Nebraska Agricultural Products Marketing Cash Fund; and
• terminate the Potato Development Cash Fund and direct residual funds to the Plant Protection and Plant Pest Cash Fund.

DeKay said the fee increases included in the bill and the amendment would help keep important agriculture programs functioning without having to “steal from other programs” or rely on state general funds. Fee adjustments would make the programs “self-sustaining” he said, without increasing the property tax burden on Nebraska residents.

David City Sen. Jared Storm said he voted against the proposal coming out of committee over concerns regarding the fee increases included in the package.

“A fee increase is a tax increase,” Storm said, adding that the cost of living currently is the No. 1 issue for Nebraskans.

Following the 26-2 adoption of a technical amendment from DeKay, lawmakers advanced LB948 to select file on a voice vote.