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 sectionSubsection 2 does not apply tolocalany 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 3 4 da/pj/5