House File 405
HOUSE FILE
BY STEVENS, UPMEYER, FREEMAN,
and TJEPKES
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the authority of a local governmental entity
2 to regulate the application, use, sale, and distribution of
3 fertilizers and soil conditioners.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2062YH 80
6 da/pj/5
PAG LIN
1 1 Section 1. Section 200.22, subsection 1, Code 2003, is
1 2 amended by adding the following new paragraphs:
1 3 NEW PARAGRAPH. 0a. "Agricultural land " means the same as
1 4 defined in section 6A.21.
1 5 NEW PARAGRAPH. 0b. "Commercial applicator" means a person
1 6 who engages in the business of and charges a fee for applying
1 7 fertilizer or soil conditioner on the land of another person,
1 8 including an employee, agent, or subcontractor of the person.
1 9 NEW PARAGRAPH. c. "Major water source" means the same as
1 10 defined in section 459.102.
1 11 NEW PARAGRAPH. d. "Residence" means a house or other
1 12 building which is used as a place of habitation for humans on
1 13 a permanent and frequent basis; is not readily mobile; and is
1 14 connected to a permanent source of electricity, a permanent
1 15 private water supply or a public water supply system, and a
1 16 permanent domestic sewage disposal system including a private,
1 17 semipublic, or public sewage disposal system.
1 18 Sec. 2. Section 200.22, subsections 2 and 3, Code 2003,
1 19 are amended to read as follows:
1 20 2. Except as provided in subsection 3, the following shall
1 21 apply:
1 22 a. The provisions of this chapter and rules adopted by the
1 23 department pursuant to this chapter shall preempt local
1 24 legislation adopted by a local governmental entity relating to
1 25 the use, sale, distribution, storage, transportation,
1 26 disposal, formulation, labeling, registration, or manufacture
1 27 of a fertilizer or soil conditioner.
1 28 b. A local governmental entity shall not adopt or continue
1 29 in effect local legislation relating to the use, sale,
1 30 distribution, storage, transportation, disposal, formulation,
1 31 labeling, registration, or manufacture of a fertilizer or soil
1 32 conditioner, regardless of whether a statute or rule adopted
1 33 by the department applies to preempt the local legislation.
1 34 PARAGRAPH DIVIDED. Local legislation in violation of this
1 35 section is void and unenforceable.
2 1 3. This section Subsection 2 does not apply to local any
2 2 of the following:
2 3 a. Local legislation of general applicability to
2 4 commercial activity.
2 5 b. Local legislation adopted by a local governmental
2 6 entity that regulates the application, use, sale, or
2 7 distribution of a fertilizer or soil conditioner for use on
2 8 land where there is located a residence in the watershed of a
2 9 major water source. The land must be located within the local
2 10 governmental entity's jurisdictional limits, which includes a
2 11 city's incorporated area and the unincorporated area in which
2 12 a city has extended its zoning ordinance pursuant to section
2 13 414.23. However, this paragraph does not apply to local
2 14 legislation that regulates the application, use, sale, or
2 15 distribution of a fertilizer or soil conditioner for any of
2 16 the following:
2 17 (1) Use on agricultural land.
2 18 (2) The activities of a commercial applicator.
2 19 EXPLANATION
2 20 This bill amends Code chapter 200, regulating fertilizers
2 21 and soil conditioners. Code section 200.22 provides that the
2 22 provisions of the chapter and rules adopted by the department
2 23 of agriculture and land stewardship preempt legislative
2 24 measures adopted by a local governmental entity such as a
2 25 county or city, if the local legislation or regulations relate
2 26 to the use, sale, distribution, storage, transportation,
2 27 disposal, formulation, labeling, registration, or manufacture
2 28 of fertilizers and soil conditioners. There is an exception
2 29 for local legislation of general applicability to commercial
2 30 activity. The bill adds another exception to the section by
2 31 providing that state preemption does not apply to local
2 32 legislation that regulates the application, use, sale, or
2 33 distribution of a fertilizer or soil conditioner for use on
2 34 land within the watershed of a lake where there is a
2 35 residence. The bill provides that the exception does not
3 1 apply if the land is agricultural land or to the activities of
3 2 a commercial applicator.
3 3 LSB 2062YH 80
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