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H. B. No. 276 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Buchy, Gentile
Cosponsors:
Representatives Hall, Derickson, Peterson, Balderson, Boose, Ruhl, Murray, O'Brien, Huffman, Grossman, Amstutz, Hackett, Maag, Gonzales, Adams, R., Johnson, Yuko, Fende
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
Revised Code be amended to read as follows:
Sec. 303.01. (A) As used in sections 303.02 to 303.25 of the
Revised Code, "agriculture" includes farming; ranching;
aquaculture; apiculture; horticulture; viticulture; animal
husbandry, including, but not limited to, the care and or raising
of livestock, equine, and fur-bearing animals; poultry husbandry
and the production of poultry and poultry products; dairy
production; the production of field crops, tobacco, fruits,
vegetables, nursery stock, ornamental shrubs, ornamental trees,
flowers, sod, or mushrooms; timber; pasturage; any combination of
the foregoing; the processing, drying, storage, and marketing of
agricultural products when those activities are conducted in
conjunction with, but are secondary to, such husbandry or
production; biodiesel production; biomass energy production;
electric or heat energy production; and biologically derived
methane gas production.
(B) As used in this section:
(1) "Biodiesel" means a mono-alkyl ester combustible liquid
fuel to which all of the following apply:
(a) It is derived from vegetable oils or animal fats or any
combination of those reagents.
(b) It meets the American society for testing and materials
specification D6751-03a for biodiesel fuel (B100) blend stock
distillate fuels.
(c) At least fifty per cent of the starting material that was
used to produce the fuel was derived from the same tracts, lots,
or parcels of land on which the fuel was produced.
(2) "Biologically derived methane gas" means gas from the
anaerobic digestion of organic materials, including animal waste,
municipal wastewater, and agricultural crops and residues,
provided that at least fifty per cent of the starting material
that was used to produce the gas was derived from the same tracts,
lots, or parcels of land on which the gas was produced.
(3) "Biomass energy" means energy that is produced from
organic material derived from plants or animals and available on a
renewable basis, including, but not limited to, agricultural
crops, tree crops, crop by-products, and residues, provided that
at least fifty per cent of the starting material that was used to
produce the energy was derived from the same tracts, lots, or
parcels of land on which the energy was produced.
(4) "Electric or heat energy" means electric or heat energy
at least fifty per cent of which was generated from manure,
cornstalks, soybean waste, or other agricultural feedstocks that
were produced on the same tracts, lots, or parcels of land on
which the electric or heat energy was produced.
Sec. 519.01. (A) As used in section 519.02 to 519.25 of the
Revised Code, "agriculture" includes farming; ranching;
aquaculture; apiculture; horticulture; viticulture; animal
husbandry, including, but not limited to, the care and or raising
of livestock, equine, and fur-bearing animals; poultry husbandry
and the production of poultry and poultry products; dairy
production; the production of field crops, tobacco, fruits,
vegetables, nursery stock, ornamental shrubs, ornamental trees,
flowers, sod, or mushrooms; timber; pasturage; any combination of
the foregoing; the processing, drying, storage, and marketing of
agricultural products when those activities are conducted in
conjunction with, but are secondary to, such husbandry or
production; biodiesel production; biomass energy production;
electric or heat energy production; and biologically derived
methane gas production.
(B) As used in this section:
(1) "Biodiesel" means a mono-alkyl ester combustible liquid
fuel to which all of the following apply:
(a) It is derived from vegetable oils or animal fats or any
combination of those reagents.
(b) It meets the American society for testing and materials
specification D6751-03a for biodiesel fuel (B100) blend stock
distillate fuels.
(c) At least fifty per cent of the starting material that was
used to produce the fuel was derived from the same tracts, lots,
or parcels of land on which the fuel was produced.
(2) "Biologically derived methane gas" means gas from the
anaerobic digestion of organic materials, including animal waste,
municipal wastewater, and agricultural crops and residues,
provided that at least fifty per cent of the starting material
that was used to produce the gas was derived from the same tracts,
lots, or parcels of land on which the gas was produced.
(3) "Biomass energy" means energy that is produced from
organic material derived from plants or animals and available on a
renewable basis, including, but not limited to, agricultural
crops, tree crops, crop by-products, and residues, provided that
at least fifty per cent of the starting material that was used to
produce the energy was derived from the same tracts, lots, or
parcels of land on which the energy was produced.
(4) "Electric or heat energy" means electric or heat energy
at least fifty per cent of which was generated from manure,
cornstalks, soybean waste, or other agricultural feedstocks that
were produced on the same tracts, lots, or parcels of land on
which the electric or heat energy was produced.
Sec. 5713.30. As used in sections 5713.31 to 5713.37 and
5715.01 of the Revised Code:
(A) "Land devoted exclusively to agricultural use" means:
(1) Tracts, lots, or parcels of land totaling not less than
ten acres that, during the three calendar years prior to the year
in which application is filed under section 5713.31 of the Revised
Code, and through the last day of May of such that year, were
devoted exclusively to commercial animal or poultry husbandry,
aquaculture, apiculture, the production for a commercial purpose
of timber, field crops, tobacco, fruits, vegetables, nursery
stock, ornamental trees, sod, or flowers, biodiesel production,
biomass energy production, electric or heat energy production,
biologically derived methane gas production, or the growth of
timber for a noncommercial purpose, if the land on which the
timber is grown is contiguous to or part of a parcel of land under
common ownership that is otherwise devoted exclusively to
agricultural use, or were devoted to and qualified for payments or
other compensation under a land retirement or conservation program
under an agreement with an agency of the federal government;
(2) Tracts, lots, or parcels of land totaling less than ten
acres that, during the three calendar years prior to the year in
which application is filed under section 5713.31 of the Revised
Code and through the last day of May of such that year, were
devoted exclusively to commercial animal or poultry husbandry,
aquaculture, apiculture, the production for a commercial purpose
of field crops, tobacco, fruits, vegetables, timber, nursery
stock, ornamental trees, sod, or flowers, biodiesel production,
biomass energy production, electric or heat energy production,
biologically derived methane gas production where such activities
produced an average yearly gross income of at least twenty-five
hundred dollars during such that three-year period or where there
is evidence of an anticipated gross income of such that amount
from such activities during the tax year in which application is
made, or were devoted to and qualified for payments or other
compensation under a land retirement or conservation program under
an agreement with an agency of the federal government;
(3) A tract, lot, or parcel of land taxed under sections
5713.22 to 5713.26 of the Revised Code is not land devoted
exclusively to agricultural use;
(4) Tracts, lots, or parcels of land, or portions thereof
that, during the previous three consecutive calendar years have
been designated as land devoted exclusively to agricultural use,
but such the land has been lying idle or fallow for up to one year
and no action has occurred to such the land that is either
inconsistent with the return of it to agricultural production or
converts the land devoted exclusively to agricultural use as
defined in this section. Such land shall remain designated as land
devoted exclusively to agricultural use provided that beyond one
year, but less than three years, the landowner proves good cause
as determined by the board of revision.
"Land devoted exclusively to agricultural use" includes
tracts, lots, or parcels of land or portions thereof that are used
for conservation practices, provided that the tracts, lots, or
parcels of land or portions thereof comprise twenty-five per cent
or less of the total of the tracts, lots, or parcels of land that
satisfy the criteria established in division (A)(1), (2), or (4)
of this section together with the tracts, lots, or parcels of land
or portions thereof that are used for conservation practices.
(B) "Conversion of land devoted exclusively to agricultural
use" means any of the following:
(1) The failure of the owner of land devoted exclusively to
agricultural use during the next preceding calendar year to file a
renewal application under section 5713.31 of the Revised Code
without good cause as determined by the board of revision;
(2) The failure of the new owner of such land to file an
initial application under that section without good cause as
determined by the board of revision;
(3) The failure of such land or portion thereof to qualify as
land devoted exclusively to agricultural use for the current
calendar year as requested by an application filed under such
that section;
(4) The failure of the owner of the land described in
division (A)(4) of this section to act on such the land in a
manner that is consistent with the return of the land to
agricultural production after three years.
The construction or installation of an energy facility, as
defined in section 5727.01 of the Revised Code, on a portion of a
tract, lot, or parcel of land devoted exclusively to agricultural
use shall not cause the remaining portion of the tract, lot, or
parcel to be regarded as a conversion of land devoted exclusively
to agricultural use if the remaining portion of the tract, lot, or
parcel continues to be devoted exclusively to agricultural use.
(C) "Tax savings" means the difference between the dollar
amount of real property taxes levied in any year on land valued
and assessed in accordance with its current agricultural use value
and the dollar amount of real property taxes that would have been
levied upon such that land if it had been valued and assessed for
such
that year in accordance with Section 2 of Article XII, Ohio
Constitution.
(D) "Owner" includes, but is not limited to, any person
owning a fee simple, fee tail, or life estate or a buyer on a land
installment contract.
(E) "Conservation practices" are practices used to abate soil
erosion as required in the management of the farming operation,
and include, but are not limited to, the installation,
construction, development, planting, or use of grass waterways,
terraces, diversions, filter strips, field borders, windbreaks,
riparian buffers, wetlands, ponds, and cover crops for that
purpose.
(F) "Wetlands" has the same meaning as in section 6111.02 of
the Revised Code.
(G) "Biodiesel," "biomass energy," "electric or heat energy,"
and "biologically derived methane gas" have the same meanings as
in section 303.01 of the Revised Code.
Section 2. That existing sections 303.01, 519.01, and 5713.30
of the Revised Code are hereby repealed.
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