5 Colo. Code Regs. § 1001-11-C
Fees that are levied by the Department to cover the costs of the Smoke Management Program are determined using the following methodology.
Cost of the Smoke Management Program
The Colorado Air Pollution Prevention and Control Act requires that the Smoke Management Program (SMP) fees cover the cost of the program. Section 25-7-106(7)(a), C.R.S. The Air Pollution Control Division's Fiscal Officer determined the cost of the SMP as implemented by this Regulation Number 9. The program cost is built upon estimates of the percent of each position devoted to all aspects of the SMP. This percentage is applied to each position's salary and benefits. Operating costs and indirect costs are also included. The total cost of the SMP is $174,585.08 for calendar year 2008 and $199,305.13 for calendar year 2009 and succeeding years.
Fee Use
Functions of the SMP include but are not limited to: management, administration, permitting operations, modeling support, training of users of prescribed fire regarding air quality concerns and the SMP program, database management and reporting, fee program administration (including database management, invoicing, and/or customer service), regulatory development, guidance development, web page management/maintenance, compliance assistance, enforcement, field work, tracking of, and if necessary, involvement in wildfire monitoring, review of plans and involvement in public hearings, data entry, meteorological forecasting, and consultation on high smoke risk burns.
Fee Calculation
The annual cost of the SMP will be the SMP fee. The Division's cost of the SMP will be recalculated annually and reported to the Commission each August. If the Division's annual SMP cost calculation exceeds five percent of the SMP fee reflected in the regulation, the Division will seek a fee change through a Commission rulemaking.
The annual SMP cost calculation must utilize the "total cumulative dollar difference" between the regulatory fee and the annual cost. It will be calculated by first computing a total projected SMP cost considering the projected salary and benefits for personnel associated with the program (apportioned according to the percentage of time assigned to the program for each position), indirect costs, travel costs, Division operating costs, Department operating costs and Department indirect costs. That sum will be adjusted by the difference between salary and travel expenses and the previous year's projected salary and travel costs. The Division will complete the calculation of the total cumulative dollar difference by summing: the difference between the adjusted program cost and the previous regulatory fee; and the total cumulative dollar difference from the previous year.
Distribution of Cost
The Division will distribute the cost of the program to permittees as follows:
1. The fee for an unplanned ignition prescribed fire permit in effect for an area is $1000 per permitted area each year the permit is valid. Unplanned ignition prescribed fire permits are valid for up to 5 years.
2. The fee for a planned ignition prescribed fire permit for any permittee with a 3-year block average SMP score (see 3 below) under 1.00% is $100 per permit.
3. The fees for planned ignition fire permits for permittees with 3-year block average SMP score of 1.00% or greater shall be determined as follows:
a. To distribute the cost of planned ignition prescribed permits for larger users of the SMP, each year the Division shall compute a Smoke Management Program Score (SMP score). The SMP score shall be calculated by averaging the percent of total planned ignition prescribed fire permits requested by that permittee in a calendar year; and the percent of total PM10 emissions generated by actual planned ignition prescribed fire burning activity by that entity.
b. Every three years the Division must compute a 3-year block average SMP score based on the most recent three years SMP scores. The computed 3-year block average SMP score must be applied to the next year's billing cycle, and for the following 2 years. For example, the 3-year block average SMP score for Year 1, Year 2, and Year 3 will be calculated in Year 4. This 3-year block average will be applied to planned ignition prescribed fire fees for activity conducted in Year 5, Year 6, and Year 7. The next calculation would occur in Year 7. Any entity whose SMP score is less than 1.00% shall be removed from the 3-year block average. The SMP scores for remaining users must be re-scaled to 100% after small users have been removed. Upcoming 3-year block average scores are scheduled for 2020, 2023, 2026, etc.
c. The resulting 3-year block average percent for each entity shall determine how the cost of the program will be distributed. The cost of the program shall have all unplanned ignition fees and small user fees subtracted from it before it is applied to the 3-year block average to determine the fee for planned ignition prescribed fire users with 3-year block average SMP scores at or greater than 1.00%.
5 CCR 1001-11-C