HB1233 (2018) Detail

Preempting local regulation of seeds and fertilizer.


CHAPTER 169

HB 1233 - FINAL VERSION

 

6Mar2018... 0236h

2018 SESSION

18-2167

08/03

 

HOUSE BILL 1233

 

AN ACT preempting local regulation of seeds and fertilizer.

 

SPONSORS: Rep. Darrow, Graf. 17

 

COMMITTEE: Environment and Agriculture

 

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AMENDED ANALYSIS

 

This bill preempts the local regulation of seeds and fertilizer.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0236h 18-2167

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT preempting local regulation of seeds and fertilizer.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

169:1  New Section; Preemption of Local Regulation.  Amend RSA 433 by inserting after section 7 the following new section:

433:7-a  Preemption of Local Regulation.  Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state.  This subdivision is of statewide concern and occupies the whole field of regulation regarding the display, distribution, growing, cultivation, harvesting, production, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use; or the inspection, analysis, examination, certification, classification, testing, or licensing of agricultural, flower tree, shrub, or vegetable seeds, or products or sellers of such seeds to the exclusion of all local regulation.  Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the display, distribution, growing, cultivation, harvesting, production labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use, or the inspection, analysis, examination, certification, classification, testing, licensing, of agricultural, flower tree, shrub, or vegetable seeds or products or sellers of such seeds and any of those ordinances, laws, or regulations are void and of no force or effect.  Nothing in this subdivision shall limit the authority of any political subdivision to adopt and enforce planning, zoning and related regulations under RSA 674, including the authority to require native plantings, and combat invasive species listed in accordance with RSA 430:53 as part of a planning board's site plan review or subdivision authority or as a condition of a zoning board of adjustment's granting of a variance or special exception.

169:2  Fertilizer Regulation Preempted.  Amend RSA 431:4-d to read as follows:

431:4-d  Preemption of Local Regulation.  Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the registration, sale, formulation, or transportation of fertilizer.  Additionally, no local regulation shall regulate the type of fertilizer when used for agricultural purposes as defined by RSA 21:34-a.

169:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 08, 2018

Effective Date: August 07, 2018

Links

HB1233 at GenCourtMobile

Action Dates

Date Body Type
Jan. 23, 2018 House Hearing
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
April 24, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote
May 2, 2018 Senate Floor Vote
May 3, 2018 Senate Floor Vote

Bill Text Revisions

HB1233 Revision: 4082 Date: June 11, 2018, 11:02 a.m.
HB1233 Revision: 3779 Date: May 7, 2018, 11:09 a.m.
HB1233 Revision: 3200 Date: March 8, 2018, 12:53 p.m.
HB1233 Revision: 1815 Date: Nov. 7, 2017, 2:22 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Environment and Agriculture HJ 1 P. 4
Jan. 23, 2018 Public Hearing: 01/23/2018 02:00 PM LOB 303
Feb. 13, 2018 Full Committee Work Session: 02/13/2018 01:00 PM LOB 303
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 303
Majority Committee Report: Ought to Pass with Amendment # 2018-0236h (Vote 7-6; RC)
March 6, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-0236h for 03/06/2018 (Vote 7-6; RC) HC 9 P. 52
Minority Committee Report: Inexpedient to Legislate
March 6, 2018 Amendment # 2018-0236h: AA VV 03/06/2018 HJ 6 P. 138
March 6, 2018 Lay HB 1233 on Table (Rep. Bixby): MF RC 129-164 03/06/2018 HJ 6 P. 139
March 6, 2018 Ought to Pass with Amendment 0236h: MA VV 03/06/2018 HJ 6 P. 141
March 8, 2018 Introduced 03/08/2018 and Referred to Energy and Natural Resources; SJ 7
April 24, 2018 Hearing: 04/24/2018, Room 103, SH, 09:30 am; SC 18
May 2, 2018 Committee Report: Ought to Pass, 05/02/2018; SC 19
May 3, 2018 Special Order to 05/03/2018, Without Objection, MA; 05/02/2018 SJ 15
May 3, 2018 Committee Report: Ought to Pass, 05/03/2018;
May 3, 2018 Ought to Pass: MA, VV; OT3rdg; 05/03/2018; SJ 16
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
June 8, 2018 Signed by Governor Sununu 06/08/2018; Chapter 169; Eff. 8/7/2018