Text: HSB00254 Text: HSB00256 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 161.4, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. Provide for agrichemical remediation 1 4 fees in consultation with the department as provided in 1 5 section 161.6A. 1 6 Sec. 2. Section 161.4, subsection 3, Code 2001, is amended 1 7 to read as follows: 1 8 3. Consult with the departmentin the adoption of rules1 9necessary for theas required for the administration of this 1 10 chapter. The rules of the department shall contain the rules 1 11 of the board adopted for its organization, procedures, 1 12 programs, and requirements as required in this chapter. The 1 13 rules shall at least provide for all of the following: 1 14 a. The board's organization and parliamentary procedures. 1 15 b. Procedures for assessing agrichemical remediation fees 1 16 established by the board, adjusting rates at which 1 17 agrichemical remediation fees are assessed, and suspending or 1 18 reinstating the assessment of agrichemical remediation fees, 1 19 as provided in section 161.6A. 1 20 c. Procedures for paying claims as provided in section 1 21 161.9. 1 22 The board shall provide for agrichemical remediation fees 1 23 by order as provided in section 161.6A. 1 24 Sec. 3. NEW SECTION. 161.6A AGRICHEMICAL REMEDIATION 1 25 FEES. 1 26 The board in consultation with the department shall 1 27 establish agrichemical remediation fees assessed by the board, 1 28 adjust rates at which the agrichemical remediation fees are 1 29 assessed, and suspend or reinstate the assessment of 1 30 agrichemical remediation fees, as provided by order issued by 1 31 the department on behalf of the board. An order shall become 1 32 effective when published in the Iowa administrative bulletin. 1 33 The establishment, adjustment, suspension, or reinstatement 1 34 shall become applicable as provided in the order consistent 1 35 with this section. 2 1 1. Agrichemical remediation fees shall be assessed, paid, 2 2 and collected as follows: 2 3 a. The amount assessed shall be up to twenty-five dollars 2 4 for a person required to pay a fee to obtain a license to 2 5 manufacture, mix, blend, mix to customer order, offer for 2 6 sale, sell, or distribute a fertilizer or soil conditioner as 2 7 provided in section 200.4. The agrichemical remediation fee 2 8 shall be in addition to the license fee and shall be due, 2 9 paid, and collected in the same manner as the license fee. 2 10 b. The amount assessed shall be up to five cents of each 2 11 inspection fee required to be paid by a person licensed 2 12 pursuant to section 200.4 for each ton of commercial 2 13 fertilizer and soil conditioner sold or distributed in this 2 14 state as provided in section 200.8. If a licensee pays an 2 15 inspection fee on packages of fertilizer or soil conditioner 2 16 in lieu of the per ton inspection fee, the agrichemical 2 17 remediation fee shall be up to twenty-five dollars of the 2 18 amount collected under section 200.8. The agrichemical 2 19 remediation fee shall be due, paid, and collected in the same 2 20 manner as the inspection fee. 2 21 c. The amount assessed shall be up to twenty-five dollars 2 22 for a person required to pay a fee to obtain a commercial 2 23 applicator license for pesticides as provided in section 2 24 206.6. The agrichemical remediation fee shall be in addition 2 25 to the license fee and shall be due, paid, and collected in 2 26 the same manner as the license fee. 2 27 d. The amount assessed shall be up to twenty-five dollars 2 28 for a person required to pay a fee to obtain a pesticide 2 29 dealer license as provided in section 206.8. The agrichemical 2 30 remediation fee shall be in addition to the license fee and 2 31 shall be due, paid, and collected in the same manner as the 2 32 license fee. 2 33 e. The amount assessed shall be up to sixteen percent of 2 34 the registration fee required to be paid to register each 2 35 brand and grade of pesticide for a person required to pay a 3 1 fee to register a pesticide as provided in section 206.12. 3 2 However, the person shall not be assessed more than five 3 3 hundred dollars for registering a pesticide with gross annual 3 4 sales in this state of one million five hundred thousand 3 5 dollars or more. The person shall not be assessed more than 3 6 fifty dollars for registering a pesticide with gross annual 3 7 sales in this state of less than one million five hundred 3 8 thousand dollars. The agrichemical remediation fee shall be 3 9 in addition to the registration fee and shall be due, paid, 3 10 and collected in the same manner as the registration fee. 3 11 2. a. Not later than May 1 of each year the board in 3 12 consultation with the department shall consider adjusting the 3 13 rate for assessing each agrichemical remediation fee as 3 14 provided in this section. The board may adjust the rate for 3 15 assessing any agrichemical remediation fee up to the amount 3 16 for that agrichemical remediation fee as provided in this 3 17 section, as necessary to ensure that the unobligated and 3 18 unencumbered balance of the fund, less any pending or 3 19 unsettled claims, at the end of the following fiscal year is 3 20 at least three million dollars but not more than six million 3 21 dollars. The agrichemical remediation fees assessed by the 3 22 board shall be due, paid, and collected beginning on the 3 23 following July 1. 3 24 b. If, at the end of any three-month period, the assets of 3 25 the fund exceed six million dollars, less any encumbered 3 26 balances or pending or unsettled claims, the board shall 3 27 suspend the assessment of all agrichemical remediation fees. 3 28 If, at any time, the assets of the fund are less than three 3 29 million dollars, less any encumbered balances or pending or 3 30 unsettled claims, the board shall reinstate the assessment or 3 31 adjust the rates for assessing the agrichemical remediation 3 32 fees up to the amounts for the agrichemical remediation fees 3 33 as provided in this section. The suspension, reinstatement, 3 34 or adjustment shall become applicable as provided by order 3 35 issued by the department on behalf of the board, but not later 4 1 than three months following the effective date of the order. 4 2 Sec. 4. Section 161.7, subsection 2, Code 2001, is amended 4 3 to read as follows: 4 4 2. The fund shall consist of any moneys collected from 4 5 agrichemical remediation fees as provided in section 161.6A, 4 6 moneys appropriated by the general assembly for placement in 4 7 the fund, and moneys available to and obtained or accepted by 4 8 the department from the federal government or private sources 4 9 for placement in the fund. 4 10 Sec. 5. Section 200.4, subsection 1, Code 2001, is amended 4 11 to read as follows: 4 12 1.AnyA person who manufactures, mixes, blends, mixes to 4 13 customers order, offers for sale, sells, or distributes any 4 14 fertilizer or soil conditioner inIowathis state must first 4 15 obtain a license from thesecretary of agriculture and4 16 department. The person shall pay aten-dollarlicense fee for 4 17 each place of manufacture or distribution from which 4 18 fertilizer or soil conditioner products are sold or 4 19 distributed inIowathis state.SuchThe license fee shall be 4 20 paid annually on July 1 of each year. The license fee shall 4 21 be ten dollars. In addition to the license fee, the person 4 22 shall also be assessed an agrichemical remediation fee to the 4 23 department which shall be due, paid, and collected in the same 4 24 manner as the license fee, as provided in section 161.6A. 4 25 Sec. 6. Section 200.8, Code 2001, is amended by adding the 4 26 following new subsection: 4 27 NEW SUBSECTION. 2A. A licensee who annually offers for 4 28 sale, sells, or distributes four thousand pounds or more of 4 29 fertilizer and soil conditioner, shall be assessed an 4 30 agrichemical remediation fee. The agrichemical remediation 4 31 fee shall be an amount taken from each inspection fee required 4 32 to be paid under this section for each ton of commercial 4 33 fertilizer and soil conditioner sold or distributed in this 4 34 state or on packages of fertilizer and soil conditioner sold 4 35 or distributed in this state in lieu of the per ton inspection 5 1 fee, as provided in section 161.6A. 5 2 Sec. 7. Section 200.9, Code 2001, is amended to read as 5 3 follows: 5 4 200.9 FERTILIZER FEES. 5 5 1.FeesExcept as provided in subsection 2, fees collected 5 6 for licenses and inspection fees under sections 200.4 and 5 7 200.8, with the exception of those fees collected for deposit5 8in the agriculture management account of the groundwater5 9protection fund,shall be deposited in the general fund of the 5 10 state and shall be subject to the requirements of section 5 11 8.60. Moneys deposited under this section to the general fund 5 12 shall be used only by the department for the purpose of 5 13 inspection, sampling, analysis, preparation, and publishing of 5 14 reports and other expenses necessary for administration of 5 15 this chapter. The secretary may assign moneys to the Iowa 5 16 agricultural experiment station for research, work projects, 5 17 and investigations as needed for the specific purpose of 5 18 improving the regulatory functions for enforcement of this 5 19 chapter. 5 20 2. a. Groundwater protection fees collected pursuant to 5 21 section 200.8 shall be deposited in the groundwater protection 5 22 fund created in section 455E.11. 5 23 b. Agrichemical remediation fees collected pursuant to 5 24 sections 200.4 and 200.8 shall be deposited in the 5 25 agrichemical remediation fund created in section 161.7. 5 26 Sec. 8. Section 206.6, subsection 1, unnumbered paragraph 5 27 1, Code 2001, is amended to read as follows: 5 28NoA person shall not engage in the business of applying 5 29 pesticides to thelandsland or property of another person at 5 30 any time without being licensed by thesecretarydepartment. 5 31 Thesecretary shall requireperson shall pay an annual license 5 32 feeof. The amount of the license fee shall not be more than 5 33 twenty-five dollars for each license. In addition to the 5 34 license fee, the person shall also be assessed an agrichemical 5 35 remediation fee which shall be due, paid, and collected in the 6 1 same manner as the license fee, as provided in section 161.6A. 6 2 Agrichemical remediation fees shall be deposited in the 6 3 agrichemical remediation fund created in section 161.7. 6 4ApplicationA person applying for a license shallbe made in6 5writingsubmit a written application to the department on a 6 6 designated form obtained from the department. Each 6 7 application for a license shall contain information regarding 6 8 the applicant's qualifications and proposed operations, 6 9 license classification or classifications for which the 6 10 applicant is applying. 6 11 Sec. 9. Section 206.8, Code 2001, is amended by adding the 6 12 following new subsection: 6 13 NEW SUBSECTION. 2A. In addition to the license fee, a 6 14 pesticide dealer with twenty-five thousand dollars or more in 6 15 gross retail pesticide sales shall also be assessed an 6 16 agrichemical remediation fee which shall be due, paid, and 6 17 collected in the same manner as the license fee, as provided 6 18 in section 161.6A. Agrichemical remediation fees shall be 6 19 deposited in the agrichemical remediation fund created in 6 20 section 161.7. 6 21 Sec. 10. Section 206.12, subsection 3, Code 2001, is 6 22 amended to read as follows: 6 23 3. The registrant, before selling or offering for sale any 6 24 pesticide for use in this state, shall register each brand and 6 25 grade of such pesticide with thesecretarydepartment upon 6 26 forms furnished by thesecretary, and thedepartment. 6 27 3A. a. Except as provided in this subsection, the 6 28secretarydepartment shall set the registration fee annually 6 29 at one-fifth of one percent of gross sales within this state 6 30 with a minimum fee of two hundred fifty dollars and a maximum 6 31 fee of three thousand dollars for each and every brand and 6 32 grade of a pesticide to be offered for sale in this state 6 33except as otherwise provided. In addition to the registration 6 34 fee, for each pesticide offered for sale in this state subject 6 35 to a registration fee, the registrant shall also be assessed 7 1 an agrichemical remediation fee which shall be due, paid, and 7 2 collected in the same manner as the registration fee, as 7 3 provided in section 161.6A. However, an antimicrobial 7 4 pesticide shall not be subject to the agrichemical remediation 7 5 fee. The annual registration fee for products with gross 7 6 annual sales in this state of less than one million five 7 7 hundred thousand dollars shall be the greater of two hundred 7 8 fifty dollars or one-fifth of one percent of the gross annual 7 9 sales as established by affidavit of the registrant. The 7 10 secretary shall adopt by rule exemptions to the minimum fee. 7 11 b.FiftyOf the amount of moneys collected from each 7 12 registration fee, fifty dollarsof each fee collectedshall be 7 13 deposited in the general fund of the state,shall besubject 7 14 to the requirements of section 8.60, and shall be used only 7 15 for the purpose of enforcing the provisions of this chapter 7 16 and the remainderof each fee collectedshall beplaced7 17 deposited in the agriculture management account of the 7 18 groundwater protection fund as provided in section 455E.11. 7 19 Moneys collected from the assessment of agrichemical 7 20 remediation fees shall be deposited in the agrichemical 7 21 remediation fund created in section 161.7. 7 22 Sec. 11. AGRICHEMICAL REMEDIATION BOARD – AUTHORITY TO 7 23 ESTABLISH FEES. Notwithstanding section 161.6A, as enacted in 7 24 this Act, the agrichemical remediation board in consultation 7 25 with the department of agriculture and land stewardship may 7 26 meet to establish agrichemical remediation fees after May 1, 7 27 2001. The board shall establish rates for agrichemical 7 28 remediation fees consistent with section 161.6A, pursuant to 7 29 an order issued by the department and published in the Iowa 7 30 administrative bulletin. The agrichemical remediation fees 7 31 shall become applicable as provided in this Act, on or after 7 32 July 1, 2001, but not later than June 30, 2002. 7 33 Sec. 12. EFFECTIVE DATE. This Act, being deemed of 7 34 immediate importance, takes effect upon enactment. 7 35 EXPLANATION 8 1 In 2000, the general assembly enacted Senate File 466 (2000 8 2 Iowa Acts, ch. 1184). The Act created new Code chapter 161 8 3 referred to as the "Iowa Agrichemical Remediation Act". The 8 4 chapter provides for the remediation of sites where there has 8 5 been contamination because of a release of fertilizers and 8 6 soil conditioners or pesticides. The remediation process is 8 7 controlled by an agrichemical remediation board created under 8 8 the chapter in cooperation with the department of agriculture 8 9 and land stewardship. The chapter provides that a person may 8 10 execute an agreement with the board for the remediation of a 8 11 contaminated site under the direction of the department. A 8 12 person who does not execute such an agreement is required to 8 13 remediate a site as required by the department of natural 8 14 resources. Code section 161.7 establishes an agrichemical 8 15 remediation fund. Moneys in the fund are appropriated 8 16 exclusively to support agrichemical remediation and 8 17 administration as provided in the chapter. 8 18 This bill establishes agrichemical remediation fees to be 8 19 collected by the department of agriculture and land 8 20 stewardship and deposited into the agrichemical remediation 8 21 fund. The agrichemical remediation fees are established by 8 22 the board in consultation with the department. The fees are 8 23 imposed in the same manner as licensing and inspection fees 8 24 under Code chapter 200 regulating fertilizers and soil 8 25 conditioners and Code chapter 206 regulating pesticides. 8 26 An agrichemical remediation fee is required to be paid by a 8 27 person paying a fee for a license to manufacture, mix, blend, 8 28 mix to customer order, offer for sale, sell, or distribute a 8 29 fertilizer or soil conditioner as provided in Code section 8 30 200.6. An agrichemical remediation fee is imposed on the 8 31 amount of each inspection fee that must be paid for each ton 8 32 of commercial fertilizer and soil conditioner sold or 8 33 distributed in this state or an inspection fee on packages of 8 34 fertilizers or soil conditioners in lieu of the per ton 8 35 inspection fee. An agrichemical remediation fee is required 9 1 to be paid by a person who pays a license fee as a pesticide 9 2 dealer as provided in Code section 206.8. An agrichemical 9 3 remediation fee is required to be paid by a person who is 9 4 required to register a pesticide as provided in Code section 9 5 206.12. 9 6 The bill provides that the board must consider the rates of 9 7 the agrichemical remediation fees and adjust any agrichemical 9 8 remediation fee as necessary to ensure that the unobligated 9 9 and unencumbered balance of the fund, less any pending or 9 10 unsettled claims, at the end of the following fiscal year is 9 11 at least $3 million but not more than $6 million. The bill 9 12 provides that if, at the end of any three-month period, the 9 13 assets of the fund exceed $6 million, less any encumbered 9 14 balances or pending or unsettled claims, the board must 9 15 suspend all agrichemical remediation fees. If, at the end of 9 16 any three-month period, the assets of the fund are less than 9 17 $3 million, less any encumbered balances or pending or 9 18 unsettled claims, the board must reinstate or adjust the 9 19 agrichemical remediation fees. 9 20 The bill takes effect upon enactment. 9 21 LSB 3481HC 79 9 22 da/cf/24.2
Text: HSB00254 Text: HSB00256 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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