Text: HSB256            Text: HSB258


House Study Bill 257

HOUSE FILE BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GASKILL) Passed House, Date Passed Senate, 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 2146HC 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 2146HC 83 2 7 tm/sc/5
Text: HSB256            Text: HSB258