Senate File 455 H-8162 Amend the amendment, H-8004, to Senate File 455, as amended, 1 passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 3, through page 3, line 2, and 3 inserting: 4 < 1. By striking everything after the enacting clause and 5 inserting: 6 < Section 1. Section 331.301, Code 2024, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 23. a. For purposes of this subsection: 9 (1) “Construction site” means the same as used in a storm 10 water general permit adopted by rule pursuant to section 11 455B.103A. 12 (2) “Topsoil” means the same as used in a storm water 13 general permit adopted by rule pursuant to section 455B.103A. 14 b. A county shall not adopt or enforce an ordinance, 15 motion, resolution, or amendment relating to the preservation, 16 compaction, placement, or depth of topsoil at a construction 17 site that is more restrictive than those requirements provided 18 in the national pollutant discharge elimination system general 19 permit no. 2 as issued by the department of natural resources. 20 A county may develop standards to evaluate topsoil quantities 21 before and after construction and ensure compliance with 22 general permit no. 2. A county may request that the department 23 of natural resources review the soil of a construction site to 24 verify that the national pollutant discharge elimination system 25 general permit no. 2 as issued by the department of natural 26 resources is proper for the construction site. 27 c. (1) A county may adopt or enforce an ordinance, motion, 28 resolution, or amendment that regulates storm water runoff at a 29 construction site only to the extent that such regulation for 30 rainfall events having a return frequency ranging from five 31 through one hundred years does not require a post-construction 32 storm water flow rate that is more restrictive than the 33 existing flow rate of a rainfall event having a return 34 frequency of five years, with all such runoff rates based on 35 -1- H 8004.3493 (1) 90 lh/js 1/ 4 #1.

the actual existing condition of the site at the time the 1 construction commences. 2 (2) A county may adopt or enforce an ordinance, motion, 3 resolution, or amendment that regulates storm water runoff 4 from upstream properties adjacent to a construction site to 5 the extent that storm water runoff shall be allowed to pass 6 through downstream storm water basins at the same flow rates as 7 off-site storm water runoff entering the construction site. 8 (3) A county may impose a storm water runoff requirement 9 that is more restrictive than what is allowed or required by 10 this paragraph at the construction site if the county meets all 11 of the following conditions: 12 (a) The county pays for all study, design, and engineering 13 costs for implementing the more restrictive storm water 14 runoff requirement that includes an analysis by a licensed 15 professional engineer of the difference in costs between the 16 requirements of this paragraph and the more restrictive county 17 storm water runoff requirement. 18 (b) The county pays for the difference of costs between 19 the requirements of this paragraph and the more restrictive 20 requirement imposed by the county for installation of equipment 21 or practices required for a property owner to comply with the 22 storm water runoff requirement. 23 (c) If the storm water runoff requirement results in the 24 county using a person’s private property, whether by easement 25 or otherwise taking an interest in the property, the county 26 pays the property owner the fair market value of the property 27 taken for any additional land required beyond the requirements 28 of this paragraph. 29 (d) A county shall not impose a special assessment or 30 otherwise recover the costs from the property owner for the 31 portion of the costs attributable to the county. 32 (e) The costs attributable to the county shall only apply 33 to the storm water management practices addressed in this 34 paragraph. 35 -2- H 8004.3493 (1) 90 lh/js 2/ 4

Sec. 2. Section 364.3, Code 2024, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 18. a. For purposes of this subsection: 3 (1) “Construction site” means the same as used in a storm 4 water general permit adopted by rule pursuant to section 5 455B.103A. 6 (2) “Topsoil” means the same as used in a storm water 7 general permit adopted by rule pursuant to section 455B.103A. 8 b. A city shall not adopt or enforce an ordinance, motion, 9 resolution, or amendment relating to the preservation, 10 compaction, placement, or depth of topsoil at a construction 11 site that is more restrictive than those requirements provided 12 in the national pollutant discharge elimination system general 13 permit no. 2 as issued by the department of natural resources. 14 A city may develop standards to evaluate topsoil quantities 15 before and after construction and ensure compliance with 16 general permit no. 2. A city may request that the department 17 of natural resources review the soil of a construction site to 18 verify that the national pollutant discharge elimination system 19 general permit no. 2 as issued by the department of natural 20 resources is proper for the construction site. 21 c. (1) A city may adopt or enforce an ordinance, motion, 22 resolution, or amendment that regulates storm water runoff at a 23 construction site only to the extent that such regulation for 24 rainfall events having a return frequency ranging from five 25 through one hundred years does not require a post-construction 26 storm water flow rate that is more restrictive than the 27 existing flow rate of a rainfall event having a return 28 frequency of five years, with all such runoff rates based on 29 the actual existing condition of the site at the time the 30 construction commences. 31 (2) A city may adopt or enforce an ordinance, motion, 32 resolution, or amendment that regulates storm water runoff from 33 upstream properties adjacent to a construction site only to the 34 extent that storm water runoff shall be allowed to pass through 35 -3- H 8004.3493 (1) 90 lh/js 3/ 4

downstream storm water basins at the same flow rate as off-site 1 storm water runoff entering the construction site. 2 (3) A city may impose a storm water runoff requirement that 3 is more restrictive than what is allowed or required by this 4 paragraph at the construction site if the city meets all of the 5 following conditions: 6 (a) The city pays for all study, design, and engineering 7 costs for implementing the storm water runoff requirement that 8 includes an analysis by a licensed professional engineer of the 9 difference in costs between the requirements of this paragraph 10 and the more restrictive city storm water runoff requirement. 11 (b) The city pays for the difference of costs between 12 the requirements of this paragraph and the more restrictive 13 requirement imposed by the city for installation of equipment 14 or practices required for a property owner to comply with the 15 storm water runoff requirement. 16 (c) If the storm water runoff requirement results in the 17 city using a person’s private property, whether by easement or 18 otherwise taking an interest in the property, the city pays the 19 property owner the fair market value of the property taken for 20 any additional land required beyond the requirements of this 21 paragraph. 22 (d) A city shall not impose a special assessment or 23 otherwise recover the costs from the property owner for the 24 portion of the costs attributable to the city. 25 (e) The costs attributable to the city shall only apply 26 to the storm water management practices addressed in this 27 paragraph. >> 28 ______________________________ DUNWELL of Jasper -4- H 8004.3493 (1) 90 lh/js 4/ 4