Senate File 455 H-8004 Amend Senate File 455, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, by striking lines 4 through 9 and inserting: 3 < (1) “Construction site” means the same as defined in a 4 storm water general permit adopted by rule pursuant to section 5 455B.103A. 6 (2) “Topsoil” means the same as defined in a storm water 7 general permit adopted by rule pursuant to section 455B.103A. > 8 2. Page 1, after line 31 by inserting: 9 < (3) A county may impose a storm water runoff requirement 10 that is more restrictive than what is allowed or required by 11 federal or state law at the construction site if the county 12 meets all of the following conditions: 13 (a) The county pays for all study, design, and engineering 14 costs for implementing the more restrictive storm water 15 runoff requirement that includes an analysis by a licensed 16 professional engineer of the difference in costs between the 17 federal or state law and the more restrictive county storm 18 water runoff requirement. 19 (b) The county pays for the difference of costs between 20 the federal or state requirement and the more restrictive 21 requirement imposed by the county for installation of equipment 22 or practices required for a property owner to comply with the 23 storm water runoff requirement. 24 (c) If the storm water runoff requirement results in the 25 county using a person’s private property, whether by easement 26 or otherwise taking an interest in the property, the county 27 pays the property owner the fair market value of the property 28 taken for any additional land required beyond the federal or 29 state requirement. 30 (d) The county pays costs incurred by the county under 31 this subparagraph from the county’s general fund. The county 32 shall not impose a special assessment or otherwise recover the 33 costs from the property owner for the portion of the costs 34 attributable to the county. 35 -1- SF 455.2664 (2) 90 lh/js 1/ 3 #1. #2.

(4) A county may impose a storm water runoff requirement 1 that is more restrictive than what is allowed or required 2 by federal or state law if the county and the owner of the 3 affected property agree to the requirement. > 4 3. By striking page 1, line 35, through page 2, line 5, and 5 inserting: 6 < (1) “Construction site” means the same as defined in a 7 storm water general permit adopted by rule pursuant to section 8 455B.103A. 9 (2) “Topsoil” means the same as defined in a storm water 10 general permit adopted by rule pursuant to section 455B.103A. > 11 4. Page 2, after line 27 by inserting: 12 < (3) A city may impose a storm water runoff requirement that 13 is more restrictive than what is allowed or required by federal 14 or state law at the construction site if the city meets all of 15 the following conditions: 16 (a) The city pays for all study, design, and engineering 17 costs for implementing the storm water runoff requirement that 18 includes an analysis by a licensed professional engineer of the 19 difference in costs between the federal or state law and the 20 more restrictive county storm water runoff requirement. 21 (b) The city pays for the difference of costs between 22 the federal or state requirement and the more restrictive 23 requirement imposed by the county for installation of equipment 24 or practices required for a property owner to comply with the 25 storm water runoff requirement. 26 (c) If the storm water runoff requirement results in the 27 city using a person’s private property, whether by easement or 28 otherwise taking an interest in the property, the city pays 29 the property owner the fair market value of the property taken 30 for any additional land required beyond the federal or state 31 requirement. 32 (d) The city pays costs incurred by the city under this 33 subparagraph from the city’s general fund. The city shall not 34 impose a special assessment or otherwise recover the costs from 35 -2- SF 455.2664 (2) 90 lh/js 2/ 3 #3. #4.