1. The department shall establish, assess, and collect all of the following compliance fees:
a. A construction permit application fee that is required to accompany an application submitted to the department for approval to construct a confinement feeding operation structure as provided in section 459.303. The amount of the construction permit application fee shall not exceed two hundred fifty dollars.
b. A manure management plan filing fee that is required to accompany an original manure management plan submitted to the department for approval as provided in section 459.312. However, the manure management plan required to be filed as part of an application for a construction permit shall be paid together with the construction permit application fee. The amount of the manure management plan filing fee shall not exceed two hundred fifty dollars.
c. An annual compliance fee that is required to accompany an updated manure management plan submitted to the department for approval as provided in section 459.312. The amount of the annual compliance fee shall not exceed a rate of fifteen cents per animal unit based on the animal unit capacity of the confinement feeding operation covered by the manure management plan. If the person submitting the manure management plan is a contract producer, as provided in chapter 202, the active contractor shall be assessed the annual compliance fee.
d. Fees paid by persons required by the department to be certified as commercial manure applicators or confinement site manure applicators pursuant to section 459.315.
2. a. Except as provided in paragraph "b", fees collected by the department shall be deposited into the animal agriculture compliance fund created in section 459.401. Moneys collected from all fees other than the annual compliance fee shall be deposited into the compliance fund's general account. Moneys collected from the annual compliance fee shall be deposited into the compliance fund's assessment account.
b. Receipts that are required to be received by the department from persons required to be certified pursuant to section 459.315 may be used to compensate a person who teaches continuing instructional courses in lieu of deposit into the compliance fund.
3. At the end of each fiscal year the department shall determine the balance of unencumbered and unobligated moneys in the assessment account of the animal agriculture compliance fund created pursuant to section 459.401. If on that date the balance of unencumbered and unobligated moneys in the account is one million dollars or more, the department shall adjust the rate of the annual compliance fee for the following fiscal year. The adjusted rate for the annual compliance fee shall be based on the department's estimate of the amount required to ensure that at the end of the following fiscal year the balance of unencumbered and unobligated moneys in the assessment account is not one million dollars or more.
2002 Acts, ch 1137, §43, 68, 71; 2002 Acts, 2nd Ex, ch 1003, § 259, 260, 262
Previous Section 459.315
Next Section 459.317
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Jan 28 13:52:42 CST 2003
URL: /DOCS/IACODE/2003/459/316.html
jhf