Bill Text: OH HB485 | 2009-2010 | 128th General Assembly | Comm Sub

Ohio House Bill 485 (Prior Session Legislation)

Comm Sub

Bill Title: To include the production from certain feedstocks of biodiesel, biomass energy, electric or heat energy, and biologically derived methane gas in the definition of "agriculture" for purposes of the laws governing county zoning, township zoning, and current agricultural use valuation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-05-26 - Committee Report - A [HB485 Detail]

Download: Ohio-2009-HB485-Comm_Sub.html

As Reported by the House Agriculture and Natural Resources Committee

128th General Assembly

Regular Session

2009-2010

Am. H. B. No. 485

Representative Pryor

Cosponsors: Representatives Domenick, Ruhl, Hite, Zehringer

A BILL

To amend sections 303.01, 519.01, and 5713.30 of the

Revised Code to include the production from

certain feedstocks of biodiesel, biomass energy,

electric or heat energy, and biologically derived

methane gas in the definition of "agriculture" for

purposes of the laws governing county zoning,

township zoning, and current agricultural use

valuation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 303.01, 519.01, and 5713.30 of the	9
Revised Code be amended to read as follows:	10

Sec. 303.01. (A) As used in sections 303.02 to 303.25 of the	11
Revised Code, "agriculture" includes farming; ranching;	12
aquaculture; apiculture; horticulture; viticulture; animal	13
husbandry, including, but not limited to, the care ~~and~~or raising	14
of livestock, equine, and fur-bearing animals; poultry husbandry	15
and the production of poultry and poultry products; dairy	16
production; the production of field crops, tobacco, fruits,	17
vegetables, nursery stock, ornamental shrubs, ornamental trees,	18
flowers, sod, or mushrooms; timber; pasturage; any combination of	19
the foregoing; the processing, drying, storage, and marketing of	20
agricultural products when those activities are conducted in	21
conjunction with, but are secondary to, such husbandry or	22
production; biodiesel production; biomass energy production;	23
electric or heat energy production; and biologically derived	24
methane gas production.	25

(B) As used in this section:

(1) "Biodiesel" means a mono-alkyl ester combustible liquid	27
fuel to which all of the following apply:	28

(a) It is derived from vegetable oils or animal fats or any	29
combination of those reagents.	30

(b) It meets the American society for testing and materials	31
specification D6751-03a for biodiesel fuel (B100) blend stock	32
distillate fuels.	33

(c) At least fifty per cent of the starting material that was	34
used to produce the fuel was derived from the same tracts, lots,	35
or parcels of land on which the fuel was produced.	36

(2) "Biologically derived methane gas" means gas from the	37
anaerobic digestion of organic materials, including animal waste,	38
municipal wastewater, and agricultural crops and residues,	39
provided that at least fifty per cent of the starting material	40
that was used to produce the gas was derived from the same tracts,	41
lots, or parcels of land on which the gas was produced.	42

(3) "Biomass energy" means energy that is produced from	43
organic material derived from plants or animals and available on a	44
renewable basis, including, but not limited to, agricultural	45
crops, tree crops, crop by-products, and residues, provided that	46
at least fifty per cent of the starting material that was used to	47
produce the energy was derived from the same tracts, lots, or	48
parcels of land on which the energy was produced.	49

(4) "Electric or heat energy" means electric or heat energy	50
at least fifty per cent of which was generated from manure,	51
cornstalks, soybean waste, or other agricultural feedstocks that	52
were produced on the same tracts, lots, or parcels of land on	53
which the electric or heat energy was produced.	54

Sec. 519.01. (A) As used in section 519.02 to 519.25 of the	55
Revised Code, "agriculture" includes farming; ranching;	56
aquaculture; apiculture; horticulture; viticulture; animal	57
husbandry, including, but not limited to, the care ~~and~~or raising	58
of livestock, equine, and fur-bearing animals; poultry husbandry	59
and the production of poultry and poultry products; dairy	60
production; the production of field crops, tobacco, fruits,	61
vegetables, nursery stock, ornamental shrubs, ornamental trees,	62
flowers, sod, or mushrooms; timber; pasturage; any combination of	63
the foregoing; the processing, drying, storage, and marketing of	64
agricultural products when those activities are conducted in	65
conjunction with, but are secondary to, such husbandry or	66
production; biodiesel production; biomass energy production;	67
electric or heat energy production; and biologically derived	68
methane gas production.	69

(B) As used in this section:

(1) "Biodiesel" means a mono-alkyl ester combustible liquid	71
fuel to which all of the following apply:	72

(a) It is derived from vegetable oils or animal fats or any	73
combination of those reagents.	74

(b) It meets the American society for testing and materials	75
specification D6751-03a for biodiesel fuel (B100) blend stock	76
distillate fuels.	77

(c) At least fifty per cent of the starting material that was	78
used to produce the fuel was derived from the same tracts, lots,	79
or parcels of land on which the fuel was produced.	80

(2) "Biologically derived methane gas" means gas from the	81
anaerobic digestion of organic materials, including animal waste,	82
municipal wastewater, and agricultural crops and residues,	83
provided that at least fifty per cent of the starting material	84
that was used to produce the gas was derived from the same tracts,	85
lots, or parcels of land on which the gas was produced.	86

(3) "Biomass energy" means energy that is produced from	87
organic material derived from plants or animals and available on a	88
renewable basis, including, but not limited to, agricultural	89
crops, tree crops, crop by-products, and residues, provided that	90
at least fifty per cent of the starting material that was used to	91
produce the energy was derived from the same tracts, lots, or	92
parcels of land on which the energy was produced.	93

(4) "Electric or heat energy" means electric or heat energy	94
at least fifty per cent of which was generated from manure,	95
cornstalks, soybean waste, or other agricultural feedstocks that	96
were produced on the same tracts, lots, or parcels of land on	97
which the electric or heat energy was produced.	98

Sec. 5713.30. As used in sections 5713.31 to 5713.37 and	99
5715.01 of the Revised Code:	100

(A) "Land devoted exclusively to agricultural use" means:

101

(1) Tracts, lots, or parcels of land totaling not less than	102
ten acres that, during the three calendar years prior to the year	103
in which application is filed under section 5713.31 of the Revised	104
Code, and through the last day of May of ~~such~~that year, were	105
devoted exclusively to commercial animal or poultry husbandry,	106
aquaculture, apiculture, the production for a commercial purpose	107
of timber, field crops, tobacco, fruits, vegetables, nursery	108
stock, ornamental trees, sod, or flowers, biodiesel production,	109
biomass energy production, electric or heat energy production,	110
biologically derived methane gas production, or the growth of	111
timber for a noncommercial purpose, if the land on which the	112
timber is grown is contiguous to or part of a parcel of land under	113
common ownership that is otherwise devoted exclusively to	114
agricultural use, or were devoted to and qualified for payments or	115
other compensation under a land retirement or conservation program	116
under an agreement with an agency of the federal government;	117

(2) Tracts, lots, or parcels of land totaling less than ten	118
acres that, during the three calendar years prior to the year in	119
which application is filed under section 5713.31 of the Revised	120
Code and through the last day of May of ~~such~~that year, were	121
devoted exclusively to commercial animal or poultry husbandry,	122
aquaculture, apiculture, the production for a commercial purpose	123
of field crops, tobacco, fruits, vegetables, timber, nursery	124
stock, ornamental trees, sod, or flowers, biodiesel production,	125
biomass energy production, electric or heat energy production, or	126
biologically derived methane gas production where such activities	127
produced an average yearly gross income of at least twenty-five	128
hundred dollars during ~~such~~that three-year period or where there	129
is evidence of an anticipated gross income of ~~such~~that amount	130
from such activities during the tax year in which application is	131
made, or were devoted to and qualified for payments or other	132
compensation under a land retirement or conservation program under	133
an agreement with an agency of the federal government;	134

(3) A tract, lot, or parcel of land taxed under sections	135
5713.22 to 5713.26 of the Revised Code is not land devoted	136
exclusively to agricultural use;	137

(4) Tracts, lots, or parcels of land, or portions thereof	138
that, during the previous three consecutive calendar years have	139
been designated as land devoted exclusively to agricultural use,	140
but ~~such~~the land has been lying idle or fallow for up to one year	141
and no action has occurred to ~~such~~the land that is either	142
inconsistent with the return of it to agricultural production or	143
converts the land devoted exclusively to agricultural use as	144
defined in this section. Such land shall remain designated as land	145
devoted exclusively to agricultural use, provided that beyond one	146
year, but less than three years, the landowner proves good cause	147
as determined by the board of revision.	148

"Land devoted exclusively to agricultural use" includes	149
tracts, lots, or parcels of land or portions thereof that are used	150
for conservation practices, provided that the tracts, lots, or	151
parcels of land or portions thereof comprise twenty-five per cent	152
or less of the total of the tracts, lots, or parcels of land that	153
satisfy the criteria established in division (A)(1), (2), or (4)	154
of this section together with the tracts, lots, or parcels of land	155
or portions thereof that are used for conservation practices.	156

(B) "Conversion of land devoted exclusively to agricultural	157
use" means any of the following:	158

(1) The failure of the owner of land devoted exclusively to	159
agricultural use during the next preceding calendar year to file a	160
renewal application under section 5713.31 of the Revised Code	161
without good cause as determined by the board of revision;	162

(2) The failure of the new owner of such land to file an	163
initial application under that section without good cause as	164
determined by the board of revision;	165

(3) The failure of such land or portion thereof to qualify as	166
land devoted exclusively to agricultural use for the current	167
calendar year as requested by an application filed under ~~such~~that	168
section;	169

(4) The failure of the owner of the land described in	170
division (A)(4) of this section to act on ~~such~~the land in a	171
manner that is consistent with the return of the land to	172
agricultural production after three years.	173

(C) "Tax savings" means the difference between the dollar	174
amount of real property taxes levied in any year on land valued	175
and assessed in accordance with its current agricultural use value	176
and the dollar amount of real property taxes that would have been	177
levied upon ~~such~~that land if it had been valued and assessed for	178
~~such~~that year in accordance with Section 2 of Article XII, Ohio	179
Constitution.	180

(D) "Owner" includes, but is not limited to, any person	181
owning a fee simple, fee tail, or life estate or a buyer on a land	182
installment contract.	183

(E) "Conservation practices" are practices used to abate soil	184
erosion as required in the management of the farming operation,	185
and include, but are not limited to, the installation,	186
construction, development, planting, or use of grass waterways,	187
terraces, diversions, filter strips, field borders, windbreaks,	188
riparian buffers, wetlands, ponds, and cover crops for that	189
purpose.	190

(F) "Wetlands" has the same meaning as in section 6111.02 of	191
the Revised Code.	192

(G) "Biodiesel," "biomass energy," "electric or heat energy,"	193
and "biologically derived methane gas" have the same meanings as	194
in section 303.01 of the Revised Code.	195