NOTE: The governor signed this measure on 4/16/2012.
      
      
      HOUSE BILL 12-1083
      
      
      BY REPRESENTATIVE(S) Sonnenberg, Coram, Fischer;
      also SENATOR(S) Schwartz.
      
      
      Concerning maintenance of the current fee structure on certain
           feeding operations under the "Colorado Water Quality
           Control Act".
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-8-502, amend (1)
      (b) (I) (E), (1) (b) (I) (R), (1) (b) (I) (S), and (1) (g) as follows:
      
           25-8-502.  Application - definitions - fees - water quality control
      fund - animal feeding operations fund - public participation - repeal.
      (1) (b) (I)  Except as otherwise provided by law, in addition to the fees
      assessed pursuant to paragraphs (b.5), (b.6), (b.7), and (g) of this subsection
      (1), the only fee the division may assess is an annual fee upon a discharger,
      and such fee shall be in accordance with the following schedule:
      
              Facility Categories and Subcategories
                         for Permit Fees        Annual Fees
      
           (E)  Category 05  Concentrated animal feeding operations
      (CAFOs)
      
      Subcategory 1  General permit: The division shall assess a CAFO an
                     annual permit fee, not to exceed $250 plus $0.04 per
                     animal unit, based on the CAFO's permitted capacity;
                     except that, from July 1, 2009, through July 1, 2012
                     June 30, 2015, the division shall assess a CAFO an
                     annual permit fee not to exceed $750 plus $0.09 per
                     animal unit, based on the CAFO's permitted capacity
      
      Subcategory 2  Individual permit: The division shall assess a CAFO
                     an annual permit fee, not to exceed $500 plus $0.08
                     per animal unit, based on the CAFO's permitted
                     capacity; except that, from July 1, 2009, through July
                     1, 2012 June 30, 2015, the division shall assess a
                     CAFO an annual permit fee not to exceed $1,500 plus
                     $0.09 per animal unit, based on the CAFO's permitted
                     capacity
      
           (R)  Category 24.5  Housed commercial swine feeding operations
                     Except as otherwise provided in this sub-subparagraph
                     (R), 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. From July 1, 2009, through July 1, 2012
                     June 30, 2015, the division shall assess on each
                     housed commercial swine feeding operation an annual
                     permit fee that shall not 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. As used in this
                     sub-subparagraph (R), "working capacity" means the
                     number of swine the housed commercial swine
                     feeding operation is capable of housing at any one
                     time.
      
           (S)  Category 25  Permit Amendments  Should a permittee holding
                     a permit issued under any of categories 1 to 24 or 26
                     to 46 or, through June 30, 2012 2015, category 24.5,
                     request an amendment to said permit, the following
                     fees shall apply:
      
      Subcategory 1  Minor amendment - an amount equal to twenty-five
                     percent of the annual fee for the permit being
                     amended, not to exceed                      $   2,810
      
      Subcategory 2  Major amendment - an amount equal to fifty-five
                     percent of the annual fee for the permit being
                     amended, not to exceed                     $    5,950
      
           (g) (I)  Effective July 1, 2009, through June 30, 2012 2015, the
      division shall assess unpermitted concentrated animal feeding operations 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.
      
           (II)  This paragraph (g) is repealed, effective July 1, 2012 2015.
      
           SECTION 2.  Effective date. This act takes effect July 1, 2012.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO