House Amendment to Senate File 455 S-5058 Amend Senate File 455, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 331.301, Code 2024, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 23. a. For purposes of this subsection: 7 (1) “Construction site” means the same as used in a storm 8 water general permit adopted by rule pursuant to section 9 455B.103A. 10 (2) “Topsoil” means the same as used in a storm water 11 general permit adopted by rule pursuant to section 455B.103A. 12 b. A county shall not adopt or enforce an ordinance, 13 motion, resolution, or amendment relating to the preservation, 14 compaction, placement, or depth of topsoil at a construction 15 site that is more restrictive than those requirements provided 16 in the national pollutant discharge elimination system general 17 permit no. 2 as issued by the department of natural resources. 18 A county may develop standards to evaluate topsoil quantities 19 before and after construction and ensure compliance with 20 general permit no. 2. A county may request that the department 21 of natural resources review the soil of a construction site to 22 verify that the national pollutant discharge elimination system 23 general permit no. 2 as issued by the department of natural 24 resources is proper for the construction site. 25 c. (1) A county may adopt or enforce an ordinance, motion, 26 resolution, or amendment that regulates storm water runoff at a 27 construction site only to the extent that such regulation for 28 rainfall events having a return frequency ranging from five 29 through one hundred years does not require a post-construction 30 storm water flow rate that is more restrictive than the 31 existing flow rate of a rainfall event having a return 32 frequency of five years, with all such runoff rates based on 33 the actual existing condition of the site at the time the 34 construction commences. 35 -1- SF 455.3546.H (1) 90 md 1/ 4 #1.

(2) A county may adopt or enforce an ordinance, motion, 1 resolution, or amendment that regulates storm water runoff 2 from upstream properties adjacent to a construction site to 3 the extent that storm water runoff shall be allowed to pass 4 through downstream storm water basins at the same flow rates as 5 off-site storm water runoff entering the construction site. 6 (3) A county may impose a storm water runoff requirement 7 that is more restrictive than what is allowed or required by 8 this paragraph at the construction site if the county meets all 9 of the following conditions: 10 (a) The county pays for all study, design, and engineering 11 costs for implementing the more restrictive storm water 12 runoff requirement that includes an analysis by a licensed 13 professional engineer of the difference in costs between the 14 requirements of this paragraph and the more restrictive county 15 storm water runoff requirement. 16 (b) The county pays for the difference of costs between 17 the requirements of this paragraph and the more restrictive 18 requirement imposed by the county for installation of equipment 19 or practices required for a property owner to comply with the 20 storm water runoff requirement. 21 (c) If the storm water runoff requirement results in the 22 county using a person’s private property, whether by easement 23 or otherwise taking an interest in the property, the county 24 pays the property owner the fair market value of the property 25 taken for any additional land required beyond the requirements 26 of this paragraph. 27 (d) A county shall not impose a special assessment or 28 otherwise recover the costs from the property owner for the 29 portion of the costs attributable to the county. 30 (e) The costs attributable to the county shall only apply 31 to the storm water management practices addressed in this 32 paragraph. 33 Sec. 2. Section 364.3, Code 2024, is amended by adding the 34 following new subsection: 35 -2- SF 455.3546.H (1) 90 md 2/ 4

NEW SUBSECTION . 18. a. For purposes of this subsection: 1 (1) “Construction site” means the same as used in a storm 2 water general permit adopted by rule pursuant to section 3 455B.103A. 4 (2) “Topsoil” means the same as used in a storm water 5 general permit adopted by rule pursuant to section 455B.103A. 6 b. A city shall not adopt or enforce an ordinance, motion, 7 resolution, or amendment relating to the preservation, 8 compaction, placement, or depth of topsoil at a construction 9 site that is more restrictive than those requirements provided 10 in the national pollutant discharge elimination system general 11 permit no. 2 as issued by the department of natural resources. 12 A city may develop standards to evaluate topsoil quantities 13 before and after construction and ensure compliance with 14 general permit no. 2. A city may request that the department 15 of natural resources review the soil of a construction site to 16 verify that the national pollutant discharge elimination system 17 general permit no. 2 as issued by the department of natural 18 resources is proper for the construction site. 19 c. (1) A city may adopt or enforce an ordinance, motion, 20 resolution, or amendment that regulates storm water runoff at a 21 construction site only to the extent that such regulation for 22 rainfall events having a return frequency ranging from five 23 through one hundred years does not require a post-construction 24 storm water flow rate that is more restrictive than the 25 existing flow rate of a rainfall event having a return 26 frequency of five years, with all such runoff rates based on 27 the actual existing condition of the site at the time the 28 construction commences. 29 (2) A city may adopt or enforce an ordinance, motion, 30 resolution, or amendment that regulates storm water runoff from 31 upstream properties adjacent to a construction site only to the 32 extent that storm water runoff shall be allowed to pass through 33 downstream storm water basins at the same flow rate as off-site 34 storm water runoff entering the construction site. 35 -3- SF 455.3546.H (1) 90 md 3/ 4

(3) A city may impose a storm water runoff requirement that 1 is more restrictive than what is allowed or required by this 2 paragraph at the construction site if the city meets all of the 3 following conditions: 4 (a) The city pays for all study, design, and engineering 5 costs for implementing the storm water runoff requirement that 6 includes an analysis by a licensed professional engineer of the 7 difference in costs between the requirements of this paragraph 8 and the more restrictive city storm water runoff requirement. 9 (b) The city pays for the difference of costs between 10 the requirements of this paragraph and the more restrictive 11 requirement imposed by the city for installation of equipment 12 or practices required for a property owner to comply with the 13 storm water runoff requirement. 14 (c) If the storm water runoff requirement results in the 15 city using a person’s private property, whether by easement or 16 otherwise taking an interest in the property, the city pays the 17 property owner the fair market value of the property taken for 18 any additional land required beyond the requirements of this 19 paragraph. 20 (d) A city shall not impose a special assessment or 21 otherwise recover the costs from the property owner for the 22 portion of the costs attributable to the city. 23 (e) The costs attributable to the city shall only apply 24 to the storm water management practices addressed in this 25 paragraph. > 26 -4- SF 455.3546.H (1) 90 md 4/ 4