Senate File 343 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON LOCAL
                                           GOVERNMENT

                                       (SUCCESSOR TO SSB 1213)


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

                                      A BILL FOR

  1 An Act relating to local regulation of certain lawn applications.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2146SV 83
  4 tm/sc/5

PAG LIN



  1  1    Section 1.  Section 200.22, subsection 2, Code 2009, is
  1  2 amended to read as follows:
  1  3    2.  The Except as provided in subsection 2A, the provisions
  1  4 of this chapter and rules adopted by the department pursuant
  1  5 to this chapter shall preempt local legislation adopted by a
  1  6 local governmental entity relating to the use, sale,
  1  7 distribution, storage, transportation, disposal, formulation,
  1  8 labeling, registration, or manufacture of a fertilizer or soil
  1  9 conditioner.  A local governmental entity shall not adopt or
  1 10 continue in effect local legislation relating to the use,
  1 11 sale, distribution, storage, transportation, disposal,
  1 12 formulation, labeling, registration, or manufacture of a
  1 13 fertilizer or soil conditioner, regardless of whether a
  1 14 statute or rule adopted by the department applies to preempt
  1 15 the local legislation.  Local legislation in violation of this
  1 16 section is void and unenforceable.  However, local legislation
  1 17 adopted pursuant to subsection 2A is not considered to be in
  1 18 violation of this section.
  1 19    Sec. 2.  Section 200.22, Code 2009, is amended by adding
  1 20 the following new subsection:
  1 21    NEW SUBSECTION.  2A.  A city may adopt local ordinances
  1 22 regulating the use of lawn applications containing phosphorus
  1 23 on property zoned for residential use and property zoned for
  1 24 commercial use which is used for residential purposes provided
  1 25 the adopted local ordinances are not less stringent than
  1 26 applicable state law or rules adopted by the department.  A
  1 27 city may adopt such an ordinance only upon finding that the
  1 28 use of lawn applications containing phosphorus presents a
  1 29 significant potential risk to the water quality of a water of
  1 30 the state, as that term is defined in section 455B.171.  This
  1 31 subsection shall not apply to property zoned for commercial or
  1 32 residential use if the property is used for agricultural
  1 33 purposes.
  1 34                           EXPLANATION
  1 35    This bill relates to local regulation of certain lawn
  2  1 applications.
  2  2    The bill allows cities to adopt local ordinances regulating
  2  3 the use of lawn applications containing phosphorus on
  2  4 residentially zoned property and commercially zoned property
  2  5 used for residential purposes provided the adopted local
  2  6 ordinances are not less stringent than applicable state law or
  2  7 rule.  Such ordinances shall not apply to property zoned for
  2  8 residential or commercial use if the property is used for
  2  9 agricultural purposes.  The bill provides that a city may
  2 10 adopt such an ordinance only upon finding that the use of lawn
  2 11 applications containing phosphorus presents a significant
  2 12 potential risk to the water quality of a water of the state.
  2 13 LSB 2146SV 83
  2 14 tm/sc/5