Additional Resources To Protect Air Quality

The act 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 (division) and the air quality control commission (commission) in the department of public health and environment (department) 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 is governed by a board of directors comprised of the executive director of the department or the executive director's designee and 9 members appointed by the governor and representing the commission, fee payers, business management, and scientific researchers. The board shall establish by rule the following enterprise fees in an amount that, in aggregate, reflects the value of the services the enterprise provides:

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

The fees are credited to the newly created air quality enterprise cash fund. Revenue collected from the fees must not exceed the following amounts:

• For state fiscal year 2021-22, $1 million;
• For state fiscal year 2022-23, $3 million;
• For state fiscal year 2023-24, $4 million; and
• For state fiscal years commencing on or after July 1, 2024, $5 million.

The enterprise is required to submit an annual report to the general assembly each December 1 detailing its activities, revenues, and the value of its business services. The enterprise is repealed on September 1, 2034, and is subject to sunset review.

For purposes of the fees for air pollutant emission notices, annual per-ton emissions, and application processing, the act:

• Removes the statutory maximum for the fees;
• Establishes the amount of the fees for state fiscal years 2020-21 and 2021-22; and
• Allows the commission to thereafter adjust the fees by rule.

Additionally, for annual per-ton emission fees and processing fees, the act specifies the purposes for which the increased revenues from those fees may be spent and requires annual reporting by the division regarding the fees.

The act appropriates $10,660 from the general fund to the department and reappropriates the money to the department of law for legal services necessary to implement the act.

(Note: This summary applies to this bill as enacted.)