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