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.TheExcept 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