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Additional Resources To Protect Air Quality

Concerning the provision of additional resources to protect air quality, and, in connection therewith, increasing fees, creating the air quality enterprise, and making an appropriation.
2020 Regular Session
Natural Resources & Environment
Bill Summary

Section 3 2 of the bill creates the air quality enterprise and specifies that its revenues are exempt from the state constitution's TABOR provisions. The enterprise will conduct air quality modeling, monitoring, data assessment, and research; implement emission mitigation projects; and provide its data to the division of administration and the air quality control commission in the department of public health and environment to facilitate the administration of the state's air quality laws, including by facilitating the timely issuance and effective enforcement of appropriate emission permits.

The enterprise's board of directors shall establish by rule the following enterprise fees in an amount sufficient, in aggregate, to cover its indirect and direct costs in implementing its powers and duties:

  • A fee per ton of air pollutant; and
  • A fee for services performed for third parties for air quality modeling, monitoring, assessment, or research ; and to conduct
  • A fee for emission mitigation and monitoring projects project services .

The fees are credited to the newly created air quality enterprise cash fund.

The enterprise is repealed on September 1, 2034. Section 3 subjects the enterprise to sunset review.

Section 4 removes the statutory maximum for fees assessed for air pollutant emission notices, establishes a fee for fiscal year years 2020-21 and 2021-22 , and allows the commission to thereafter adjust the fees by rule. Section 5 removes the statutory maximums for annual per-ton emission fees and processing fees, establishes a fee for fiscal year years 2020-21 and 2021-22 , allows the commission to thereafter adjust these fees by rule, and specifies the purposes for which these increased revenues may be spent. Section 5 also requires reporting regarding the fees.

Section 6 appropriates $10,660 from the general fund to the department and reappropriates the money to the department of law to implement the act.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text