House File 2275 HOUSE FILE BY VAN ENGELENHOVEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to stormwater discharge permits issued by the 2 department of natural resources. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5434YH 80 5 da/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 455B.103B STORMWATER DISCHARGE 1 2 PERMIT == AGRICULTURAL EXCEPTIONS. 1 3 The department shall adopt rules providing exceptions from 1 4 requirements for the issuance of stormwater discharge permits 1 5 as provided in this section. 1 6 1. An exception shall apply to a person who otherwise may 1 7 be required to obtain a stormwater discharge permit for doing 1 8 any of the following: 1 9 a. Engaging in agricultural production, including but not 1 10 limited to row crop farming. 1 11 b. Installing or improving a soil and water conservation 1 12 practice on land which is used in agricultural production. 1 13 2. The department shall prepare a publication that 1 14 explains when it requires an agricultural producer to be 1 15 issued a stormwater discharge permit and exceptions from the 1 16 requirements. The department shall disseminate the 1 17 publication on the internet and by printed brochures which 1 18 shall be furnished without charge to each soil and water 1 19 conservation district office as provided in chapter 161A. 1 20 Sec. 2. DIRECTIVE TO DEPARTMENT == CRITERIA FOR 1 21 EXCEPTIONS. In adopting rules as required in section 1 22 455B.103B as enacted in this Act, the department of natural 1 23 resources shall provide exceptions from requirements for the 1 24 issuance of a stormwater discharge permit based on all of the 1 25 following: 1 26 1. The department's policy or past practice of recognizing 1 27 that activities associated with agricultural production or the 1 28 installation or improvement of certain soil and water 1 29 conservation practices do not require a permit. 1 30 2. The policy of the natural resources conservation 1 31 service of the United States department of agriculture, which 1 32 may be declared in office memorandums or publications, 1 33 including but not limited to field office technical guides. 1 34 Sec. 3. DIRECTIVE TO DEPARTMENT == ADOPTION OF RULES. In 1 35 adopting rules in order to implement the provisions of section 2 1 455B.103B as enacted by this Act, the department of natural 2 2 resources shall not adopt rules pursuant to section 17A.4, 2 3 subsection 2. The rules shall not take effect prior to 2 4 thirty=five days after filing, as required in section 17A.5, 2 5 subsection 2. 2 6 EXPLANATION 2 7 This bill amends provisions in Code chapter 455B that 2 8 require that a person be issued a stormwater discharge permit 2 9 when disturbing the land such as by engaging in construction. 2 10 The permits are issued by the department of natural resources. 2 11 The bill provides that the department must adopt rules 2 12 providing exceptions for the issuance of these permits where a 2 13 person disturbs land for purposes of engaging in agricultural 2 14 production or installing or improving a related soil and water 2 15 conservation practice. The bill also requires the department 2 16 to prepare and distribute a publication that explains when 2 17 agricultural producers must obtain a permit. 2 18 The bill directs the department to provide for these 2 19 exceptions based on past practice of the department, which is 2 20 not codified in the Iowa administrative code or the policy of 2 21 the natural resources conservation service of the United 2 22 States department of agriculture. 2 23 The bill prohibits the department of natural resources from 2 24 adopting rules creating these exceptions by emergency 2 25 rulemaking procedures. 2 26 LSB 5434YH 80 2 27 da/gg/14