1. An animal agriculture compliance fund is created in the state treasury under the control of the department. The compliance fund is separate from the general fund of the state.
2. The compliance fund is composed of two accounts, the general account and the assessment account.
a. The general account is composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States government or private sources for placement in the compliance fund. Unless otherwise specifically provided in statute, moneys required to be deposited in the compliance fund shall be deposited into the general account. The general account shall include moneys deposited into the account from all of the following:
(1) The construction permit application fee required pursuant to section 459.303.
(2) The manure management plan filing fee required pursuant to section 459.312.
(3) Fees paid by persons required to be certified as commercial manure applicators or confinement site manure applicators pursuant to section 459.315.
(4) The collection of civil penalties assessed by the department and interest on civil penalties, arising out of violations involving animal feeding operations as provided in sections 459.602 and 459.603.
b. The assessment account is composed of moneys collected from the annual compliance fee required pursuant to section 459.316.
3. Moneys in the compliance fund are appropriated to the department exclusively to pay the expenses of the department in administering and enforcing the provisions of subchapters II and III as necessary to ensure that animal feeding operations comply with all applicable requirements of those provisions, including rules adopted or orders issued by the department pursuant to those provisions. The moneys shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this subsection. The department shall not transfer moneys from the compliance fund's assessment account to another fund or account, including but not limited to the fund's general account.
4. Moneys in the fund, which may be subject to warrants written by the director of revenue and finance, shall be drawn upon the written requisition of the director of the department of natural resources or an authorized representative of the director.
5. Notwithstanding section 8.33, any unexpended balance in the compliance fund at the end of the fiscal year shall be retained in the fund. Notwithstanding section 12C.7, subsection 2, interest, earnings on investments, or time deposits of the moneys in the compliance fund shall be credited to the fund.
2002 Acts, ch 1137, §6, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §247, 259, 260, 262
Temporary transfer of manure storage indemnity fund moneys to the animal agriculture compliance fund; schedule for return of funds; 2002 Acts, ch 1137, §59, 71
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