130th Ohio General Assembly
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H. B. No. 276  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 276


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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