5 | | - | ONCERNING THE ELIMINATION OF CERTAIN REPEAL DATES ASSOCIATED |
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6 | | - | WITH THE PAYMENT BY PERSONS IN THE ANIMAL AGRICULTURE |
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7 | | - | SECTOR OF FEES REGARDING REGULATED ACTIVITIES ASSOCIATED |
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8 | | - | WITH ANIMAL FEEDING OPERATIONS |
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9 | | - | . |
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10 | | - | |
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11 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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12 | | - | SECTION 1. In Colorado Revised Statutes, 25-8-502, amend (1.1) |
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13 | | - | introductory portion, (1.1)(a)(I), (1.1)(a)(II), (1.1)(a)(III), and |
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14 | | - | (1.1)(a)(IV)(B); and repeal (1.1)(a)(IV)(A) as follows: |
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15 | | - | 25-8-502. Application - definitions - fees - funds created - public |
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16 | | - | participation - repeal. (1.1) For each regulated activity listed in this |
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17 | | - | subsection (1.1), the division may assess an annual permit fee and a |
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18 | | - | nonrefundable permit application fee for new permits, that must equal |
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19 | | - | WHICH NONREFUNDABLE PERMIT APPLICATION FEE IS IN AN AMOUNT THAT |
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20 | | - | EQUALS |
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21 | | - | fifty percent of the annual permit fee. The full amount of the |
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22 | | - | application fee is credited toward the annual permit fee. All such fees must |
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23 | | - | be in accordance with the following schedules: |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. (a) The animal agriculture sector includes annual fee schedules for |
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32 | | - | regulated activities associated with animal feeding operations as follows: |
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33 | | - | (I) General permit: The division shall assess a CAFO an annual |
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34 | | - | permit fee not to exceed two hundred fifty dollars plus four cents per animal |
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35 | | - | unit, based on the CAFO's permitted capacity; except that, from July 1, |
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36 | | - | 2009, through June 30, 2025, The division shall assess a CAFO an annual |
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37 | | - | permit fee not to exceed seven hundred fifty dollars plus nine cents per |
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38 | | - | animal unit, based on the CAFO's permitted capacity. |
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39 | | - | (II) Individual permit: The division shall assess a CAFO an annual |
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40 | | - | permit fee not to exceed five hundred dollars plus eight cents per animal |
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41 | | - | unit, based on the CAFO's permitted capacity; except that, from July 1, |
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42 | | - | 2009, through June 30, 2025, The division shall assess a CAFO an annual |
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43 | | - | permit fee not to exceed one thousand five hundred dollars plus nine cents |
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44 | | - | per animal unit, based on the CAFO's permitted capacity. |
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45 | | - | (III) (A) Effective July 1, 2009, through June 30, 2025, |
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46 | | - | The division |
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47 | | - | shall assess an unpermitted CAFO an annual administrative fee, not to |
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48 | | - | exceed six cents per animal unit, based upon the CAFO's registered |
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49 | | - | capacity, to cover the direct and indirect costs associated with the |
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50 | | - | environmental agriculture program, including inspections, compliance |
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51 | | - | assurance, compliance assistance, and associated regulatory interpretation |
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52 | | - | and review. |
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53 | | - | (B) This subsection (1.1)(a)(III) is repealed, effective July 1, 2025. |
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54 | | - | (IV) (A) Except as otherwise provided in this subsection |
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55 | | - | (1.1)(a)(IV), the division shall assess on each housed commercial swine |
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56 | | - | feeding operation an annual permit fee, not to exceed twenty cents per |
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57 | | - | animal, based on the operation's working capacity, to offset the direct and |
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58 | | - | indirect costs of the program created in section 25-8-501.1. |
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59 | | - | (B) From July 1, 2009, through June 30, 2025, The division shall |
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60 | | - | assess on each housed commercial swine feeding operation an annual |
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61 | | - | permit fee, not to exceed twenty-six cents per animal, based on the |
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62 | | - | operation's working capacity, to offset the direct and indirect costs of the |
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63 | | - | program created in section 25-8-501.1. This subsection (1.1)(a)(IV)(B) is |
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64 | | - | repealed, effective July 1, 2025. |
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65 | | - | PAGE 2-SENATE BILL 25-253 SECTION 2. Safety clause. The general assembly finds, |
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66 | | - | determines, and declares that this act is necessary for the immediate |
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67 | | - | preservation of the public peace, health, or safety or for appropriations for |
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68 | | - | the support and maintenance of the departments of the state and state |
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69 | | - | institutions. |
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70 | | - | ____________________________ ____________________________ |
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71 | | - | James Rashad Coleman, Sr. Julie McCluskie |
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72 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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73 | | - | THE SENATE OF REPRESENTATIVES |
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74 | | - | ____________________________ ____________________________ |
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75 | | - | Esther van Mourik Vanessa Reilly |
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76 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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77 | | - | THE SENATE OF REPRESENTATIVES |
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78 | | - | APPROVED________________________________________ |
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79 | | - | (Date and Time) |
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80 | | - | _________________________________________ |
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81 | | - | Jared S. Polis |
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82 | | - | GOVERNOR OF THE STATE OF COLORADO |
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83 | | - | PAGE 3-SENATE BILL 25-253 |
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| 13 | + | ONCERNING THE ELIMINATION OF CERTAIN REPEAL DATES101 |
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| 14 | + | ASSOCIATED WITH THE PAYMENT BY PERSONS IN THE ANIMAL102 |
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| 15 | + | AGRICULTURE SECTOR OF FEES REGARDING REGULATED103 |
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| 16 | + | ACTIVITIES ASSOCIATED WITH ANIMAL FEEDING OPERATIONS .104 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov/ |
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| 23 | + | .) |
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| 24 | + | Joint Budget Committee. The bill removes certain repeal dates |
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| 25 | + | and associated language concerning the payment of fees by persons in the |
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| 26 | + | animal agriculture sector, which fees concern regulated activities |
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| 27 | + | HOUSE |
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| 28 | + | 2nd Reading Unamended |
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| 29 | + | April 9, 2025 |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | April 3, 2025 |
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| 33 | + | SENATE |
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| 34 | + | 2nd Reading Unamended |
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| 35 | + | April 2, 2025 |
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| 36 | + | SENATE SPONSORSHIP |
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| 37 | + | Bridges and Kirkmeyer, Amabile |
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| 38 | + | HOUSE SPONSORSHIP |
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| 39 | + | Sirota and Taggart, Bird |
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| 40 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 41 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 42 | + | Dashes through the words or numbers indicate deletions from existing law. associated with animal feeding operations. |
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| 43 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 44 | + | SECTION 1. In Colorado Revised Statutes, 25-8-502, amend2 |
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| 45 | + | (1.1) introductory portion, (1.1)(a)(I), (1.1)(a)(II), (1.1)(a)(III), and3 |
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| 46 | + | (1.1)(a)(IV)(B); and repeal (1.1)(a)(IV)(A) as follows:4 |
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| 47 | + | 25-8-502. Application - definitions - fees - funds created -5 |
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| 48 | + | public participation - repeal. (1.1) For each regulated activity listed in6 |
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| 49 | + | this subsection (1.1), the division may assess an annual permit fee and a7 |
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| 50 | + | nonrefundable permit application fee for new permits, that must equal8 |
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| 51 | + | WHICH NONREFUNDABLE PERMIT APPLICATION FEE IS IN AN AMOUNT THAT9 |
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| 52 | + | EQUALS fifty percent of the annual permit fee. The full amount of the10 |
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| 53 | + | application fee is credited toward the annual permit fee. All such fees11 |
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| 54 | + | must be in accordance with the following schedules:12 |
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| 55 | + | (a) The animal agriculture sector includes annual fee schedules for13 |
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| 56 | + | regulated activities associated with animal feeding operations as follows:14 |
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| 57 | + | (I) General permit: The division shall assess a CAFO an annual15 |
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| 58 | + | permit fee not to exceed two hundred fifty dollars plus four cents per16 |
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| 59 | + | animal unit, based on the CAFO's permitted capacity; except that, from17 |
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| 60 | + | July 1, 2009, through June 30, 2025, The division shall assess a CAFO an18 |
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| 61 | + | annual permit fee not to exceed seven hundred fifty dollars plus nine19 |
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| 62 | + | cents per animal unit, based on the CAFO's permitted capacity. 20 |
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| 63 | + | (II) Individual permit: The division shall assess a CAFO an annual21 |
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| 64 | + | permit fee not to exceed five hundred dollars plus eight cents per animal22 |
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| 65 | + | unit, based on the CAFO's permitted capacity; except that, from July 1,23 |
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| 66 | + | 2009, through June 30, 2025, The division shall assess a CAFO an annual24 |
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| 67 | + | permit fee not to exceed one thousand five hundred dollars plus nine25 |
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| 68 | + | 253-2- cents per animal unit, based on the CAFO's permitted capacity.1 |
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| 69 | + | (III) (A) Effective July 1, 2009, through June 30, 2025, The2 |
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| 70 | + | division shall assess an unpermitted CAFO an annual administrative fee,3 |
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| 71 | + | not to exceed six cents per animal unit, based upon the CAFO's registered4 |
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| 72 | + | capacity, to cover the direct and indirect costs associated with the5 |
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| 73 | + | environmental agriculture program, including inspections, compliance6 |
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| 74 | + | assurance, compliance assistance, and associated regulatory interpretation7 |
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| 75 | + | and review.8 |
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| 76 | + | (B) This subsection (1.1)(a)(III) is repealed, effective July 1,9 |
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| 77 | + | 2025.10 |
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| 78 | + | (IV) (A) Except as otherwise provided in this subsection11 |
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| 79 | + | (1.1)(a)(IV), the division shall assess on each housed commercial swine12 |
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| 80 | + | feeding operation an annual permit fee, not to exceed twenty cents per13 |
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| 81 | + | animal, based on the operation's working capacity, to offset the direct and14 |
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| 82 | + | indirect costs of the program created in section 25-8-501.1.15 |
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| 83 | + | (B) From July 1, 2009, through June 30, 2025, The division shall16 |
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| 84 | + | assess on each housed commercial swine feeding operation an annual17 |
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| 85 | + | permit fee, not to exceed twenty-six cents per animal, based on the18 |
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| 86 | + | operation's working capacity, to offset the direct and indirect costs of the19 |
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| 87 | + | program created in section 25-8-501.1. This subsection (1.1)(a)(IV)(B)20 |
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| 88 | + | is repealed, effective July 1, 2025.21 |
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| 89 | + | SECTION 2. Safety clause. The general assembly finds,22 |
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| 90 | + | determines, and declares that this act is necessary for the immediate23 |
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| 91 | + | preservation of the public peace, health, or safety or for appropriations for24 |
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| 92 | + | the support and maintenance of the departments of the state and state25 |
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| 93 | + | institutions.26 |
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| 94 | + | 253 |
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| 95 | + | -3- |
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