House Bill 463

Chair's Name: Lynn Smith

Committee: Natural Resources and Environment

House Sponsor: Tom McCall

HB 463, relating to control of soil erosion and sedimentation, establishes that any land-disturbing activities by a local issuing authority are subject to the same ordinance requirements as they apply to private persons.   The Bill further calls for monthly reviews of county and municipal action and requires mandatory revocation of certification for a county or municipality's failure to take any necessary corrective action to retain its certification.  

Section 2 broadens the definition of land-disturbing activities. Section 3 revises current Code to further define those who must meet the education and training certification requirements and creates an exception for any person who is an operator as defined by the Code section, as long as that operator is a subcontractor and meets the additional requirements.  It also authorizes an instructor to administer a final exam for a seminar which he or she taught. 

The committee substitute received a Do Pass recommendation from the Committee on Natural Resources and Environment and comes to the House Floor as a Rules Substitute under the Modified Structured Rule

Chairman Smith�s opinion of the committee substitute:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

This bill seeks to clarify certain provisions of the erosion and sedimentation education and certification requirements passed in HB 285 (Passed in 2003), which expanded the number of individuals required to take the new course and exam. The new education and certification requirements became effective January 1, 2007.  This standard not only applies to the Permitee (Prime Contractor), but also applies to all persons involved in land disturbance activity on the site (plumbers, electricians, graders etc.) who are under contract and operational control of the prime contractor.

A large segment of the subcontractor community is unaware of these new education and certification requirements, and those subcontractors that have been advised of the new requirements have not had adequate time to comply.  Some local issuing authorities have used the subcontractor�s lack of compliance with this new certification as a basis to issue a stop work order for the entire construction site, even though the prime contractor (the party that is held accountable for permit violations) had the appropriate certification.   In addition, some local issuing authorities have interpreted minor land disturbance activity, such as a basic plumbing repair (the digging of a small hole) for a leaky pipe on single family home to be covered under this law. 

This proposed legislation seeks relief by directing the DNR Board to prescribe by rule or regulation what constitutes a minor land disturbance activity, and by clarifying that subcontractors are not required to meet the training and certification requirements if they are under the operational control of a prime contractor who meets the operator training and certification requirements.  If the subcontractor is not under the operation control of a prime contractor who is certified and participating in land disturbance activity on a covered site, then they must meet the training and certification requirements. Additionally, beaver dam removal has been added among the items deemed to be a minor land disturbing activity.   Finally, the bill would allow persons authorized as instructors to also administer the certification exam.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Reports from all over the state by developers, contractors and others of stop work orders and overzealous enforcement of the Erosion and Sedimentation act training and certification requirements.  Also, there appears to be difficulty and confusion over who must be trained and certified.  This has resulted in financial difficulties for some small business owners who cannot afford the lost time due to improperly applied stop work orders.  This bill seeks to clarify some of the language.

THIS LEGISLATION:

• Reduces the Size of Government:

YES, some local issuing authorities have overreached their authority by issuing stop work orders unnecessarily.  This legislation seeks to more clearly define who must comply and therefore be subject to the requirements