Senate File 2081 - Introduced SENATE FILE 2081 BY BOLKCOM A BILL FOR An Act relating to application of fertilizer and pesticides to 1 grass, providing penalties, and making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5161SS (4) 83 tm/sc
S.F. 2081 Section 1. Section 455B.172, Code Supplement 2009, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 12. a. The department shall adopt rules 3 prohibiting a person who applies fertilizer or pesticide to 4 grass from putting fertilizer or pesticide on a public street 5 or sidewalk. Authority to enforce this subsection and rules 6 adopted pursuant to this subsection shall be with a county 7 board of health. As used in this section, “fertilizer” and 8 “pesticide” mean the same as defined in section 200.3. 9 b. A person violating this subsection or rules adopted 10 pursuant to this subsection is subject to a civil penalty of 11 not more than five hundred dollars. Each day that a violation 12 continues constitutes a separate offense. The penalty shall 13 be assessed for the duration of time commencing with the time 14 the violation begins and ending with the time the violation is 15 corrected. Moneys collected by a county board of health from 16 the imposition of civil penalties shall be deposited in the 17 general fund of the county and used for purposes of enforcing 18 this subsection and rules adopted pursuant to this subsection. 19 Any moneys collected that are in excess of the moneys necessary 20 for enforcement shall be remitted to the state and shall be 21 deposited in the water quality protection fund created in 22 section 455B.183A. 23 Sec. 2. IMPLEMENTATION OF ACT. The moneys generated as 24 a result of the enactment of this Act are intended to cover 25 the costs of any state mandate included in this Act, and this 26 specification of state funding shall be deemed to meet all the 27 state funding-related requirements of section 25B.2, subsection 28 3, and no additional state funding shall be necessary for the 29 full implementation of this Act by, and enforcement of this Act 30 against, all affected political subdivisions. 31 EXPLANATION 32 This bill relates to the application of fertilizer and 33 pesticide to grass. 34 The bill requires the department of natural resources to 35 -1- LSB 5161SS (4) 83 tm/sc 1/ 2
S.F. 2081 adopt rules prohibiting a person who applies fertilizer or 1 pesticide to grass from putting fertilizer or pesticide on a 2 public street or sidewalk. Enforcement authority shall be with 3 a county board of health. 4 The bill provides that a person violating the bill is subject 5 to a civil penalty of not more than $500. Moneys collected by 6 a county board of health from the imposition of civil penalties 7 shall be deposited in the general fund of the county and used 8 for purposes of enforcing the bill. Any moneys collected that 9 are in excess of the moneys necessary for enforcement shall 10 be remitted to the state and shall be deposited in the water 11 quality protection fund. 12 The bill may include a state mandate as defined in Code 13 section 25B.3. The bill provides that moneys generated in 14 this bill are intended to cover the costs of any state mandate 15 included in the bill. The inclusion of this specification 16 of state funding is intended to reinstate the requirement 17 of political subdivisions to comply with any state mandates 18 included in the bill. 19 -2- LSB 5161SS (4) 83 tm/sc 2/ 2