SF 595 (LSB 2249SV (2) 91)

SENATE FILE 595

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SSB 1114)

A BILL FOR

An Act related to the regulation of construction, including state building codes, contractor licensing, and stormwater management requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 103A.11, subsection 2, Code 2025, is amended to read as follows:
   2.  The text of any proposed rule shall be made available for inspection at the office of the commissioner and shall be distributed to the governmental subdivisions which have adopted the state building code, and to any other person who requests a copy.  A proposed rule affecting the state building code shall consider housing affordability and shall include a public report submitted by the commissioner to the administrative rules review committee outlining the estimated increase or decrease in construction costs to single-family or multi-family homes resulting from the promulgation of the proposed rule.
    Sec. 2.  Section 105.17, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  On and after July 1, 2008, a governmental subdivision shall not prohibit a contractor or a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional licensed pursuant to this chapter from performing services for which that person is licensed pursuant to this chapter or enforce any contractor or plumbing, and mechanical, HVAC-refrigeration, sheet metal, or hydronic professional licensing provisions promulgated by the governmental subdivision against a person licensed pursuant to this chapter.
    Sec. 3.  Section 331.301, subsection 6, paragraph b, Code 2025, is amended to read as follows:
   b.  A county shall not impose any fee or charge on any individual or business licensed by the plumbing and mechanical systems board for the right to perform plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems work within the scope of the license.  A county shall not impose a license fee or charge on any individual or business defined as a “general contractor” as defined in section 572.1, subsection 3, or “subcontractor” as defined in section 572.1, subsection 11. This paragraph does not prohibit a county from charging fees for the issuance of permits for, and inspections of, work performed in its jurisdiction.
    Sec. 4.  Section 331.301, subsection 25, paragraph b, Code 2025, is amended to read as follows:
   b.  (1)  A county shall not adopt or enforce an ordinance, motion, resolution, or amendment relating to the preservation, compaction, placement, or depth of topsoil at a construction site that is more restrictive than those requirements provided in the national pollutant discharge elimination system general permit no. 2 as issued by the department of natural resources. A county may develop standards to evaluate topsoil quantities before and after construction and ensure compliance with general permit no. 2. A county may request that the department of natural resources review the soil of a construction site to verify that the national pollutant discharge elimination system general permit no. 2 as issued by the department of natural resources is proper for the construction site.
   (2)  Notwithstanding any other provision of law to the contrary, a county shall not adopt or enforce an ordinance, motion, resolution, or amendment, or use any other means relating to the stormwater management methods required at a construction site, that imposes additional improvements or methods more restrictive than those required as part of the county’s initial review and approval of a proposed subdivision plat, lot, or parcel as required by section 354.8 unless otherwise required by another state or federal law. A county may develop standards to evaluate stormwater management methods before and after construction and ensure compliance with other state or federal laws.
    Sec. 5.  Section 364.3, subsection 3, paragraph b, Code 2025, is amended to read as follows:
   b.  A city shall not impose any fee or charge on any individual or business licensed by the plumbing and mechanical systems board for the right to perform plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems work within the scope of the license.  A city shall not impose a license fee or charge on any individual or business defined as a “general contractor” as defined in section 572.1, subsection 3, or “subcontractor” as defined in section 572.1, subsection 11. This paragraph does not prohibit a city from charging fees for the issuance of permits for, and inspections of, work performed in its jurisdiction.
    Sec. 6.  Section 364.3, subsection 19, paragraph b, Code 2025, is amended to read as follows:
   b.  (1)  A city shall not adopt or enforce an ordinance, motion, resolution, or amendment relating to the preservation, compaction, placement, or depth of topsoil at a construction site that is more restrictive than those requirements provided in the national pollutant discharge elimination system general permit no. 2 as issued by the department of natural resources. A city may develop standards to evaluate topsoil quantities before and after construction and ensure compliance with general permit no. 2. A city may request that the department of natural resources review the soil of a construction site to verify that the national pollutant discharge elimination system general permit no. 2 as issued by the department of natural resources is proper for the construction site.
   (2)  Notwithstanding any other provision of law to the contrary, a city shall not adopt or enforce an ordinance, motion, resolution, or amendment, or use any other means relating to the stormwater management methods required at a construction site, that imposes additional improvements or methods more restrictive than those required as part of the city’s initial review and approval of a proposed subdivision plat, lot, or parcel as required by section 354.8 unless otherwise required by another state or federal law. A city may develop standards to evaluate stormwater management methods before and after construction and ensure compliance with other state or federal laws.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the regulation of construction, including state building codes, contractor licensing, and stormwater management requirements.
   Under current law, the state building code commissioner (commissioner) must make available for inspection at the office of the commissioner any proposed rule and distribute the proposed rule to the governmental subdivisions that have adopted the state building code and to any other person who requests a copy. The bill adds the requirement that a proposed rule affecting the state building code must consider housing affordability and a public report must be submitted by the commissioner to the administrative rules review committee outlining the estimated increase or decrease in construction costs to single-family or multi-family homes resulting from the promulgation of the proposed rule.
   Under current law, a county or city is prohibited from imposing a fee or charge on any individual or business licensed by the plumbing and mechanical systems board for the right to perform plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems work within the scope of the license. A county or city may charge fees for the issuance of permits for, and inspections of, work performed in its jurisdiction.
   The bill prohibits a county or a city from imposing a licensing fee or charge on a general contractor or a subcontractor. “General contractor” includes every person who does work or furnishes materials by contract, express or implied, with an owner. “General contractor” does not include a person who does work or furnishes materials on contract with an owner-builder. “Subcontractor” includes every person furnishing material or performing labor upon any building, erection, or other improvement, except those having contracts directly with the owner. “Subcontractor” shall include those persons having contracts directly with an owner-builder.
   The bill prohibits a county or city from imposing additional improvements or methods for stormwater management required at a construction site that are more restrictive than those required as part of the county or city’s initial review and approval of a proposed subdivision plat, lot, or parcel unless otherwise required by another state or federal law. A county or city may develop standards to evaluate stormwater management methods before and after construction and ensure compliance with other state or federal laws.