S.F. 2094 Section 1. Section 455B.103A, subsection 5, Code 2016, is 1 amended to read as follows: 2 5. The enforcement provisions of division II of this chapter 3 and chapter 459, subchapter II , apply to general permits 4 for air contaminant sources. The enforcement provisions of 5 division III, part 1, of this chapter , chapter 459, subchapter 6 III , and chapter 459A apply to general permits for storm 7 water discharge and the requirements for topsoil preservation 8 described in section 455B.197A . 9 Sec. 2. Section 455B.105, subsection 11, Code 2016, is 10 amended by adding the following new paragraph: 11 NEW PARAGRAPH . d. The commission shall adopt rules related 12 to the topsoil preservation requirements described in section 13 455B.197A. 14 Sec. 3. NEW SECTION . 455B.197A Topsoil preservation 15 requirements. 16 1. For purposes of this section, unless the context 17 otherwise requires: 18 a. “Final stabilization” means topsoil disturbing activities 19 at a residential construction site are completed. 20 b. “Residential construction site” means a site or common 21 plan of residential development or sale, including the 22 development of a single-unit or multiple-unit residential 23 building, on which construction activity, including but not 24 limited to clearing, grading, and excavating, results in 25 topsoil disturbance. 26 c. “Topsoil” means as defined in section 208.2. 27 2. a. Topsoil shall be preserved or replaced on a 28 residential construction site where the surface area of the 29 ground disturbed is greater than five thousand square feet. 30 The requirement to preserve or replace topsoil shall be 31 met when the depth of topsoil, after final stabilization is 32 achieved, is at least three inches, including topsoil contained 33 in sod, on all areas of the site where the surface of the ground 34 disturbed for the construction activities is exposed and not 35 -1- LSB 5714XS (2) 86 gh/nh 1/ 3

S.F. 2094 covered by concrete, asphalt, gravel, or other such material. 1 b. The final topsoil depth shall be measured after the 2 topsoil is compacted in a manner generally considered adequate 3 for an established lawn and so that the expected settling that 4 will occur after measurement will be minimal and shall include 5 the topsoil contained in sod placed on the site. 6 3. a. The requirement to preserve or replace topsoil in 7 accordance with subsection 2 may be waived by the commission 8 for a residential construction site where the surface area 9 of the ground disturbed is greater than twenty-five thousand 10 square feet, provided that the developer of such residential 11 construction site develops and implements a wastewater and 12 runoff plan approved by the commission. The wastewater and 13 runoff plan shall include but is not limited to the following 14 requirements: 15 (1) The preservation and replacement of all existing 16 topsoil on the areas of the site where the surface of the 17 ground is disturbed for construction activities and is exposed. 18 (2) Creation of a central drainage and recreational area 19 on the site that covers at least one-third of the area of the 20 site and drains at least two-thirds of the water runoff of the 21 site. Such an area may include the use of a wetland, prairie, 22 or forest, but shall not include the construction of a golf 23 course. 24 (3) Preservation of all feasibly maintainable and healthy 25 trees on the site with a trunk diameter of at least six inches. 26 b. The developer of a residential construction site 27 who develops a wastewater and runoff plan pursuant to this 28 subsection shall submit the plan to the commission for 29 approval. If the commission approves the plan, the commission 30 shall waive the requirements of subsection 2. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill establishes topsoil preservation requirements for 35 -2- LSB 5714XS (2) 86 gh/nh 2/ 3

S.F. 2094 certain residential construction sites. 1 The bill provides that topsoil must be preserved or replaced 2 on residential construction sites where the surface area of 3 the ground disturbed is greater than 5,000 square feet. The 4 depth of topsoil must be at least three inches on areas of 5 the site where the surface of the ground was disturbed and 6 is exposed after final stabilization is achieved. However, 7 this requirement may be waived for residential construction 8 sites where the surface area of the ground disturbed is 9 greater than 25,000 feet if the developer develops and 10 implements a wastewater and runoff plan that is approved by the 11 environmental protection commission. Such a plan must include 12 requirements to preserve and replace all existing topsoil, 13 create a central drainage and recreational area covering at 14 least one-third of the site and draining at least two-thirds of 15 the water runoff, and preserve all healthy trees on the site 16 with a trunk diameter of at least six inches. 17 The bill requires the environmental protection commission 18 to adopt rules related to the bill and applies the enforcement 19 provisions of division III of Code chapter 455B, relating to 20 water quality, to the bill. 21 Certain penalties described in Code section 455B.191 apply 22 to the bill. A person who violates the bill is subject to 23 a civil penalty not to exceed $5,000 for each day of the 24 violation. A person who knowingly makes a false statement 25 or representation in any document filed or required to be 26 maintained under the bill shall upon conviction be punished 27 by a fine of not more than $10,000 or by imprisonment in the 28 county jail for not more than six months or by both. 29 -3- LSB 5714XS (2) 86 gh/nh 3/ 3