House File 2445 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing that a local government entity may adopt
  2    legislation regulating the use of phosphorus in proximity to a
  3    recreational lake.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6138YH 82
  6 da/nh/5

PAG LIN



  1  1    Section 1.  Section 200.22, subsection 1, Code 2007, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  c.  "Recreational lake" means a body of
  1  4 water, which is not a river or stream, primarily used for
  1  5 boating, fishing, swimming, or other recreational purposes.
  1  6    Sec. 2.  Section 200.22, subsection 3, Code 2007, is
  1  7 amended to read as follows:
  1  8    3.  This section does not apply to local legislation, if it
  1  9 does any of the following:
  1 10    a.  Has general applicability to commercial activity.
  1 11    b.  Regulates the use of phosphorus within a specific
  1 12 separation distance from a recreational lake as established in
  1 13 the local legislation.
  1 14                           EXPLANATION
  1 15    This bill amends Code section 200.22 by allowing a local
  1 16 governmental entity to regulate the use of phosphorus within a
  1 17 separation distance from a recreational lake.  Generally, the
  1 18 Code section provides for state preemption of matters
  1 19 concerning the use, sale, distribution, storage,
  1 20 transportation, disposal, formulation, labeling, registration,
  1 21 or manufacture of a fertilizer or soil conditioner.
  1 22 LSB 6138YH 82
  1 23 da/nh/5