Senate File 2311 - Introduced SENATE FILE 2311 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3052) A BILL FOR An Act relating to the adoption and use of certain general 1 permits issued by the department of natural resources. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5323SV (1) 89 js/ns

S.F. 2311 Section 1. Section 455B.103A, subsection 1, paragraph b, 1 Code 2022, is amended to read as follows: 2 b. Following the effective date of a general permit, 3 a person proposing to conduct activities covered by the 4 general permit shall provide to the department a notice 5 of intent to conduct a covered activity on a form provided 6 by the department. A person shall also provide public 7 notice of intent to conduct activities covered under the 8 general permit by publishing notice in one newspaper with 9 the largest circulation in the area in which the facility 10 is located. Notice of intent to conduct activities covered 11 under the general permit shall be provided to the public by 12 the department electronically. Notice of the discontinuation 13 of a permitted activity other than storm water and allowable 14 nonstorm water discharges shall be provided in the same manner. 15 Sec. 2. Section 455B.275, subsection 3, Code 2022, is 16 amended to read as follows: 17 3. a. A person shall file a written an application with the 18 department if the person desires to do any of the following: 19 (1) Erect, construct, use, or maintain a structure, dam, 20 obstruction, deposit, or excavation in or on any floodway or 21 floodplains. 22 (2) Erect, construct, maintain, or operate a dam on a 23 navigable or meandered stream. 24 (3) Erect, construct, maintain, or operate a dam on a stream 25 for manufacturing or industrial purposes. 26 b. The application shall set forth information as required 27 by rule of the commission. The Unless the proposed activity 28 falls under an adopted general permit as set forth in paragraph 29 “c” , the department, after an investigation, shall approve 30 or deny the application imposing conditions and terms as 31 prescribed by the department. 32 c. The commission may adopt rules pursuant to chapter 17A 33 for the issuance of general permits. A general permit shall 34 authorize activities that, by their nature, do not require 35 -1- LSB 5323SV (1) 89 js/ns 1/ 2

S.F. 2311 further department review. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the adoption and use of certain general 5 permits issued by the department of natural resources (DNR). 6 Under current law, if a permit is required under Code 7 chapter 455B, 459, 459A, or 459B for activities that result 8 in storm water discharge or air contamination, DNR may issue, 9 modify, deny, or revoke a general permit when a facility is 10 representative of a class of facilities that could be described 11 and conditioned by a single permit. After a general permit 12 takes effect, a permittee is required to provide public notice 13 of intent to conduct activities under a general permit by 14 publishing notice in one newspaper with the largest circulation 15 in the area in which the facility is located. The bill strikes 16 the requirement for the permittee to publish public notice 17 of intent and instead requires DNR to provide such notice 18 electronically. 19 Current law requires a person to file a written application 20 with DNR if the person desires to erect, construct, use, or 21 maintain a structure, dam, obstruction, deposit, or excavation 22 in or on any floodway or floodplains or to erect, construct, 23 maintain, or operate a dam on a navigable or meandered stream 24 or on a stream for manufacturing or industrial purposes. After 25 an investigation, DNR is required to approve or deny the 26 application and impose conditions and terms. The bill removes 27 the requirement that the application be written. The bill 28 allows the environmental protection commission to adopt rules 29 for the issuance of general permits. A general permit shall 30 authorize activities that, by their nature, do not require 31 further DNR review. The bill exempts DNR from approving or 32 denying an application if the proposed activity falls under an 33 adopted general permit. 34 -2- LSB 5323SV (1) 89 js/ns 2/ 2