HSB 214 (LSB 2659YC (3) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON WULF)

A BILL FOR

An Act prohibiting state and local regulations on fuel-powered equipment based on the equipment’s fuel source.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  214A.41  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Fuel source” means any of the following:
   a.  Any substance or combination of substances that is used to power an internal combustion engine, including but not limited to a biofuel, diesel fuel, gasoline, hydrogen, propane, or a renewable fuel.
   b.  Any source of energy delivered or placed into the battery or other energy storage device that is used to power an electric motor.
   2.  “Fuel-powered equipment” means any good subject to a contract for sale under chapter 554, article 2, that is manufactured to be operated with an engine or motor, regardless of whether it is self-propelled.
   3.  “Government entity” means any of the following:
   a.  A principal central department of the executive branch as enumerated in section 7E.5, or a state authority, board, commission, council, or independent agency that is not under the direction of a principal central department as enumerated in section 7E.5.
   b.  A political subdivision of the state, including but not limited to a county as provided in chapter 331 or city as provided in chapter 364.
    Sec. 2.  NEW SECTION.  214A.42  State and local regulation governing fuel-powered equipment —— prohibition.
   A government entity shall not adopt or continue in effect any regulation, including in the form of a rule, ordinance, or resolution, that does any of the following:
   1.  Prohibits or restricts a person from possessing, storing, transferring, acquiring, operating, maintaining, repairing, or reusing fuel-powered equipment or parts of fuel-powered equipment solely because such equipment is manufactured to be powered by a specific fuel source.
   2.  Requires that a person selling fuel-powered equipment or parts of fuel-powered equipment do any of the following:
   a.  Sell fuel-powered equipment or parts of fuel-powered equipment solely because such equipment is manufactured to be powered by a specific fuel source.
   b.  Maintain an inventory of fuel-powered equipment or parts of fuel-powered equipment solely because such equipment is manufactured to be powered by a specific fuel source.
    Sec. 3.  NEW SECTION.  214A.43  State and local regulation governing fuel-powered equipment —— void.
   Any regulation described in section 214A.42 is void and unenforceable.
    Sec. 4.  Section 331.301, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  27.  A county shall not adopt or continue in effect any regulation, including in the form of an ordinance or resolution, that governs fuel-powered equipment as provided in chapter 214A, subchapter IV.
    Sec. 5.  Section 364.3, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  20.  A city shall not adopt or continue in effect any regulation, including in the form of an ordinance or resolution, that governs fuel-powered equipment as provided in chapter 214A, subchapter IV.
    Sec. 6.  DIRECTIONS TO CODE EDITOR.  The Code editor is directed to arrange the following sections in chapter 214A, as enacted by this Act, into a new subchapter IV:
   Sections 214A.41 through 214A.43.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a government entity, including a state department or political subdivision, from adopting or continuing in effect a regulation that prohibits a person from possessing, storing, transferring, acquiring, operating, maintaining, repairing, or reusing fuel-powered equipment or parts thereof because such equipment is manufactured to be powered by a specific fuel source. The bill also prohibits a government entity from requiring a seller of fuel-powered equipment or parts thereof to sell or maintain an inventory of fuel-powered equipment or parts thereof solely because the equipment is manufactured to be powered by a specific fuel source.