Senate Study Bill 1213 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LOCAL GOVERNMENT BILL BY
                                            CHAIRPERSON QUIRMBACH)


    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 2146XC 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 local governmental entity may adopt
  1 22 local ordinances regulating the use of lawn applications
  1 23 containing phosphorus on property zoned for residential use
  1 24 and property zoned for commercial use which is used for
  1 25 residential purposes provided the adopted local ordinances are
  1 26 not less stringent than applicable state law or rules adopted
  1 27 by the department.  This subsection shall not apply to
  1 28 property zoned for commercial or residential use if the
  1 29 property is used for agricultural purposes.
  1 30                           EXPLANATION
  1 31    This bill relates to local regulation of certain lawn
  1 32 applications.
  1 33    The bill allows local governmental entities to adopt local
  1 34 ordinances regulating the use of lawn applications containing
  1 35 phosphorus on residentially zoned property and commercially
  2  1 zoned property used for residential purposes provided the
  2  2 adopted local ordinances are not less stringent than
  2  3 applicable state law or rule.  Such ordinances shall not apply
  2  4 to property zoned for residential or commercial use if the
  2  5 property is used for agricultural purposes.
  2  6 LSB 2146XC 83
  2  7 tm/sc/5