HLS 24RS-71 ENGROSSED 2024 Regular Session HOUSE BILL NO. 134 BY REPRESENTATIVES ROMERO, AMEDEE, BOYER, BUTLER, HENRY, JACOB LANDRY, MCCORMICK, MCMAHEN, SCHAMERHORN, THOMPSON, AND WYBLE FARMING/EQUIPMENT: Provides relative to the regulation of fuel used in agricultural machinery 1 AN ACT 2To enact Chapter 15-B of Title 33 of the Louisiana Revised Statutes of 1950, to be 3 comprised of R.S. 33:5091 through 5093, relative to the regulation of fuel used in 4 agricultural machinery; to provide for a short title; to provide for definitions; to 5 prohibit a parish or municipality from adopting any local law restricting the use or 6 disposition on or imposing a fee or tax on agricultural machinery; to prohibit local 7 regulations that create differing standards for or distinguish fuel used in agricultural 8 machinery from other fuels or agricultural machinery; to exempt the use of 9 agricultural machinery used on property owned by a parish or municipality; and to 10 provide for related matters. 11Be it enacted by the Legislature of Louisiana: 12 Section 1. Chapter 15-B of Title 33 of the Louisiana Revised Statutes of 1950, to be 13comprised of R.S. 33:5091 through 5093, is hereby enacted to read as follows: 14 CHAPTER 15-B. LOCAL REGULATION OF FUEL 15 USED IN AGRICULTURAL MACHINERY 16 §5091. Short title 17 This Chapter shall be known and may be cited as the "Landscape Equipment 18 and Agricultural Fairness Act". 19 §5092. Definitions 20 For the purposes of this Chapter, the following definitions shall apply: Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-71 ENGROSSED HB NO. 134 1 (1) "Agricultural machinery" means any machine or equipment designed for 2 agricultural use or landscaping that is used in accordance with traditional farm 3 practices and is powered by an engine or a motor. The term "agricultural machinery" 4 shall also include a leaf-blower that is used to blow leaves, dirt, or other debris off 5 of sidewalks, driveways, lawns, or other surfaces. 6 (2) "Fuel used in agricultural machinery" includes motor fuel as defined by 7 R.S. 40:1842(5) and petroleum products as defined by R.S. 3:4602(14)(b). The term 8 "fuel used in agricultural machinery" shall also include blended fuel, diesel fuel, and 9 gasoline as defined by R.S. 47:818.2(7), (21), and (32), respectively. 10 §5093. Restrictions on authority; local regulations 11 A. No ordinance or regulation shall be adopted by a local governmental 12 subdivision that prohibits or regulates with respect to the use, disposition, or sale or 13 any imposition of a restriction, fee, or tax on fuel used in agricultural machinery at 14 the retail, manufacturer, or distributor setting, except by general law. This includes 15 regulations that would create differing standards for or distinguish fuel used in 16 agricultural machinery from other types of fuels or agricultural machinery. 17 B. Nothing in this Chapter shall apply to the use of agricultural machinery 18 on property owned by a parish or municipality. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 134 Engrossed 2024 Regular Session Romero Abstract: Prohibits regulations by any local government that create differing standards for fuel used in agricultural machinery from other fuel or agricultural machinery. Proposed law provides for a short title and definitions. Defines "agricultural machinery" as any machine or equipment, including a leaf blower, designed for agricultural use or landscaping that is used in accordance with traditional farm practices and is powered by an engine or a motor. Proposed law defines "fuel used in agricultural machinery" to include motor fuel, petroleum products, blended fuel, diesel fuel, and gasoline. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-71 ENGROSSED HB NO. 134 Proposed law prohibits regulations by a local governmental subdivision regarding the use, disposition, or sale or any imposition of a restriction, fee, or tax on fuel used in agricultural machinery. Proposed law prohibits regulations by a local governmental subdivision that create differing standards for or distinguish fuel used in agricultural machinery from other fuels or machinery. Proposed law exempts the use of agricultural machinery owned by a parish or municipality. (Adds R.S. 33:5091-5093) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.