Senate File 2088 - Introduced
SENATE FILE
BY FRAISE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the application of phosphoric fertilizers on
2 turf and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5585XS 81
5 da/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 200.20A PHOSPHORIC FERTILIZERS.
1 2 A person, including but not limited to a commercial
1 3 applicator, public applicator, or private applicator as
1 4 regulated pursuant to chapter 206, shall apply a phosphoric
1 5 fertilizer on turf in accordance with section 206.32A,
1 6 including but not limited to a phosphoric fertilizer which is
1 7 formulated as a plant growth regulator or soil conditioner.
1 8 Sec. 2. Section 206.2, Code 2005, is amended by adding the
1 9 following new subsection:
1 10 NEW SUBSECTION. 29A. "Turf" means closely mowed, managed
1 11 grass planted on noncrop land including but not limited to
1 12 residential and commercial property, private golf courses, and
1 13 property owned by federal, state, or local units of
1 14 government, including but not limited to parks, recreation
1 15 areas, and public golf courses. "Turf" does not mean pasture,
1 16 hay land, hay, sod grown on sod farms, nursery land, or any
1 17 other form of agricultural production on land associated with
1 18 farming as defined in section 9H.1.
1 19 Sec. 3. NEW SECTION. 206.32A PHOSPHORIC FERTILIZERS.
1 20 A person, including but not limited to a commercial
1 21 applicator, public applicator, or private applicator, shall
1 22 apply a phosphoric fertilizer on turf only after performing a
1 23 soil test on the turf in accordance with rules adopted by the
1 24 department. The phosphoric fertilizer may be formulated as a
1 25 plant growth regulator or soil conditioner regulated by the
1 26 department under chapter 200 or a fertilizer=pesticide mixture
1 27 regulated by the department under this chapter. Based on the
1 28 results of the soil test, the person shall apply the
1 29 phosphoric fertilizer in a manner, at rates, and at times in
1 30 accordance with rules which shall be adopted by the
1 31 department. The rules shall provide that the application of a
1 32 phosphoric fertilizer achieves optimum turf health while, to
1 33 every extent practical, the application reduces the effects
1 34 from the application of phosphorus on waters of this state.
1 35 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 1 3, shall not apply to this Act.
2 2 EXPLANATION
2 3 This bill amends Iowa fertilizer law (Code chapter 200) and
2 4 the pesticide Act of Iowa (Code chapter 206), which are
2 5 administered and enforced by the department of agriculture and
2 6 land stewardship. Generally, Code chapter 200 regulates the
2 7 formulation, manufacture, and sale of fertilizers and soil
2 8 conditioners, and Code chapter 206 regulates the formulation,
2 9 manufacture, and sale of pesticides. Code chapter 206 also
2 10 regulates the application of pesticides, including by
2 11 commercial, public, and private applicators. Code chapter 206
2 12 defines "pesticide" to include a growth regulator (e.g., a
2 13 fertilizer). Generally, a commercial applicator is a person
2 14 who applies a pesticide in exchange for payment and a public
2 15 applicator is a person who applies a pesticide as an employee
2 16 of a state agency, county, municipal corporation, or other
2 17 governmental agency (see Code section 206.2). The term
2 18 private applicator is not defined but presumably includes all
2 19 other persons applying pesticides.
2 20 This bill regulates persons, including but not limited to
2 21 commercial, public, and private applicators, who apply a
2 22 phosphoric fertilizer which is formulated as a growth
2 23 regulator, soil conditioner, or a fertilizer=pesticide mixture
2 24 on turf. The bill defines "turf" as closely mowed, managed
2 25 grass planted on noncrop land which includes residential and
2 26 commercial property, private golf courses, and public parks
2 27 and recreation areas. It does not include land associated
2 28 with farming. The bill requires that a person perform a soil
2 29 test on turf and, based on the results of the soil test, apply
2 30 the phosphoric fertilizer in a manner, at rates and at times
2 31 in accordance with rules which must be adopted by the
2 32 department in order to achieve optimum turf health, while to
2 33 every extent practical, reducing contamination of state
2 34 waters.
2 35 Code section 206.22 provides that a person who violates a
3 1 provision of Code chapter 206 is guilty of a serious
3 2 misdemeanor. A serious misdemeanor is punishable by
3 3 confinement for no more than one year and a fine of at least
3 4 $250 but not more than $1,500.
3 5 The bill may include a state mandate as defined in Code
3 6 section 25B.3. The bill makes inapplicable Code section
3 7 25B.2, subsection 3, which would relieve a political
3 8 subdivision from complying with a state mandate if funding for
3 9 the cost of the state mandate is not provided or specified.
3 10 Therefore, political subdivisions are required to comply with
3 11 any state mandate included in the bill.
3 12 LSB 5585XS 81
3 13 da:rj/cf/24.1