Senate Bill 25-253

BY SENATOR(S) Bridges and Kirkmeyer, Amabile;

also REPRESENTATIVE(S) Sirota and Taggart, Bird.

Concerning the elimination of certain repeal dates associated with the payment by persons in the animal agriculture sector of fees regarding regulated activities associated with animal feeding operations.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  In Colorado Revised Statutes, 25-8-502, amend (1.1) introductory portion, (1.1)(a)(I), (1.1)(a)(II), (1.1)(a)(III), and (1.1)(a)(IV)(B); and repeal (1.1)(a)(IV)(A) as follows:

25-8-502.  Application - definitions - fees - funds created - public participation - repeal. (1.1)  For each regulated activity listed in this subsection (1.1), the division may assess an annual permit fee and a nonrefundable permit application fee for new permits, that must equalwhich nonrefundable permit application fee is in an amount that equals fifty percent of the annual permit fee. The full amount of the application fee is credited toward the annual permit fee. All such fees must be in accordance with the following schedules:

(a)  The animal agriculture sector includes annual fee schedules for regulated activities associated with animal feeding operations as follows:

(I)  General permit: The division shall assess a CAFO an annual permit fee not to exceed two hundred fifty dollars plus four cents per animal unit, based on the CAFO's permitted capacity; except that, from July 1, 2009, through June 30, 2025, The division shall assess a CAFO an annual permit fee not to exceed seven hundred fifty dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.

(II)  Individual permit: The division shall assess a CAFO an annual permit fee not to exceed five hundred dollars plus eight cents per animal unit, based on the CAFO's permitted capacity; except that, from July 1, 2009, through June 30, 2025, The division shall assess a CAFO an annual permit fee not to exceed one thousand five hundred dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.

(III) (A)  Effective July 1, 2009, through June 30, 2025, The division shall assess an unpermitted CAFO an annual administrative fee, not to exceed six cents per animal unit, based upon the CAFO's registered capacity, to cover the direct and indirect costs associated with the environmental agriculture program, including inspections, compliance assurance, compliance assistance, and associated regulatory interpretation and review.

(B)  This subsection (1.1)(a)(III) is repealed, effective July 1, 2025.

(IV) (A)  Except as otherwise provided in this subsection (1.1)(a)(IV), the division shall assess on each housed commercial swine feeding operation an annual permit fee, not to exceed twenty cents per animal, based on the operation's working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1.

(B)  From July 1, 2009, through June 30, 2025, The division shall assess on each housed commercial swine feeding operation an annual permit fee, not to exceed twenty-six cents per animal, based on the operation's working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1. This subsection (1.1)(a)(IV)(B) is repealed, effective July 1, 2025.

SECTION 2.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.