Text: SF00146 Text: SF00148 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 459.102, subsection 26, Code 2003, is 1 2 amended to read as follows: 1 3 26. "Indemnity fee" meansthea fee provided in section 1 4 459.502 or 459.503. 1 5 Sec. 2. Section 459.501, subsection 2, Code 2003, is 1 6 amended to read as follow: 1 7 2. The fund consists of moneys from indemnity fees 1 8 remitted by permittees to the department as provided in 1 9 section 459.502; moneys from indemnity fees remitted by 1 10 persons required to submit manure management plans to the 1 11 department pursuant to section 459.503; sums collected on 1 12 behalf of the fund by the department through legal action or 1 13 settlement; moneys required to be repaid to the department by 1 14 a county pursuant to this subchapter;civil penalties assessed1 15and collected by the department or the attorney general1 16pursuant to chapter 455B, against animal feeding operations;1 17moneys paid as a settlement involving an enforcement action1 18for a civil penalty subject to assessment and collection1 19against permittees by the department or the attorney general1 20pursuant to chapter 455B;interest, property, and securities 1 21 acquired through the use of moneys in the fund; or moneys 1 22 contributed to the fund from other sources. 1 23 Sec. 3. Section 459.501, subsection 5, paragraph a, Code 1 24 2003, is amended by striking the paragraph. 1 25 Sec. 4. NEW SECTION. 459.503A INDEMNITY FEE – WAIVER 1 26 AND REINSTATEMENT. 1 27 The indemnity fee required under sections 459.502 and 1 28 459.503 shall be waived and the fee shall not be assessable or 1 29 owing if at the end of any three-month period, unobligated and 1 30 unencumbered moneys in the manure storage indemnity fund, not 1 31 counting the department's estimate of the cost to the fund for 1 32 pending or unsettled claims, exceed three million dollars. 1 33 The department shall reinstate the indemnity fee under those 1 34 sections if unobligated and unencumbered moneys in the fund, 1 35 not counting the department's estimate of the cost to the fund 2 1 for pending or unsettled claims, are less than two million 2 2 dollars. 2 3 Sec. 5. TRANSFER OF MONEYS FROM THE MANURE STORAGE 2 4 INDEMNITY FUND. Notwithstanding 2002 Iowa Acts, chapter 1137, 2 5 section 59, the department shall not transfer any amount of 2 6 the balance of the manure storage indemnity fund to the animal 2 7 agriculture compliance fund on or after the effective date of 2 8 this Act. The department shall return any amount already 2 9 transferred in accordance with the schedule established by the 2 10 department pursuant to 2002 Iowa Acts, chapter 1137, section 2 11 59. 2 12 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 2 13 immediate importance, takes effect upon enactment. 2 14 EXPLANATION 2 15 GENERAL. This bill amends provisions in Code chapter 459 2 16 regulating confinement feeding operations including provisions 2 17 establishing a manure storage indemnity fund administered by 2 18 the department of natural resources. The bill eliminates the 2 19 department's authority to transfer moneys from the fund for 2 20 placement in an animal agriculture compliance fund and 2 21 provides for the waiver of fees deposited into the fund. 2 22 MANURE STORAGE INDEMNITY FUND. Under Code section 459.506, 2 23 moneys in the manure storage indemnity fund are dedicated for 2 24 the purpose of reimbursing expenses incurred by a county or 2 25 the department in cleaning up contamination which originates 2 26 from a confinement feeding operation. The fund contains 2 27 moneys from a number of sources, including a one-time variable 2 28 rate fee imposed on persons obtaining a permit to construct a 2 29 confinement feeding operation structure and a fee for 2 30 submitting an original manure management plan. 2 31 ANIMAL AGRICULTURE COMPLIANCE FUND. This fund established 2 32 by S.F. 2293 during the 2002 legislative session provides a 2 33 funding source for the administration and enforcement of 2 34 provisions regulating animal feeding operations under new Code 2 35 chapter 459. A number of fees are deposited into the fund, 3 1 including a variable annual compliance fee paid by owners of 3 2 confinement feeding operations required to submit updated 3 3 manure management plans, and a number of one-time filing fees 3 4 such as a construction permit application filing fee and an 3 5 original manure management plan fee. 3 6 TRANSFER OF MONEYS. Since S.F. 2293 provides that the 3 7 annual compliance fees required to be deposited into the new 3 8 animal agriculture compliance fund is effective on and after 3 9 March 1, 2003, S.F. 2293 authorized the department to 3 10 temporarily transfer moneys from the manure storage indemnity 3 11 fund into the general account of the animal agriculture 3 12 compliance fund. The department must return the amount 3 13 transferred according to a schedule established by the 3 14 department. The bill prohibits the department from 3 15 transferring any amount of the balance of the manure storage 3 16 indemnity fund to the animal agriculture compliance fund on or 3 17 after the effective date of the bill. 3 18 DEPOSIT OF MONEYS. The bill eliminates an obsolete 3 19 provision which provides for the deposit of moneys collected 3 20 through enforcement actions. Such moneys are deposited into 3 21 the animal agriculture compliance fund pursuant to Code 3 22 section 459.401. The bill eliminates a provision in Code 3 23 section 459.501 that requires that moneys in the fund in 3 24 excess of $3 million be deposited in the organic nutrient 3 25 management fund created in Code section 161C.5 for purposes of 3 26 supporting an organic nutrient management program. The bill 3 27 also provides that if moneys in the fund exceed $3 million the 3 28 indemnity fees are waived. The department must reinstate the 3 29 fees if the balance of the fund is $2 million or less. 3 30 EFFECTIVE DATE. The bill takes effect upon enactment. 3 31 LSB 2192XS 80 3 32 da/pj/5
Text: SF00146 Text: SF00148 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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