6 Colo. Code Regs. § 1017-1.1

Current through Register Vol. 47, No. 17, September 10, 2024

Section 6 CCR 1017-1.1 - AUTHORITY AND PURPOSE

1.1.1 Authority

The Colorado Air Quality Enterprise operating within the Colorado Department of Public Health and Environment shall administer the air quality enterprise cash fund created under § 25-7-103.5(4)(a), C.R.S. The fund consists of:

1.1.1.1 Fees established by the Air Quality Enterprise Board of Directors;

1.1.1.2 Gifts, grants, or donations from private or public sources;

1.1.1.3 Any other money that the general assembly may appropriate or transfer to the fund; and

1.1.1.4 Fees or other payments, including those negotiated to conduct emission mitigation projects and custom monitoring or technology development or evaluation projects, or other fees collected pursuant to § 25-7-103.5(4), C.R.S.

1.1.2 Purpose

Pursuant to § 25-7-103.5(4)(d), C.R.S., the enterprise shall dedicate a meaningful portion of its funds toward competitive grants to conduct highly qualified, peer-reviewed research related to research priorities identified by the board. Gifts, grants, or donations from private or public sources can be accepted to benefit the establishment and operation of the board.

1.1.3 Definitions

1.1.3.1 'Annual emission fee' means a fee per ton of air pollutant emitted by a stationary source annually, established by the board in accordance with Section 1.2.

1.1.3.2 'Board' means the board of directors of the enterprise.

1.1.3.3 'Department' means the department of public health and environment.

1.1.3.4 'Division' means the air pollution control division of the department.

1.1.3.5 'Division fee' means the annual fee assessed by the division to stationary sources for emissions of criteria and hazardous air pollutants pursuant to Colorado Air Quality Control Commission Regulation Number 3, Part A, 5 C.C.R. §1001-5:A and § 25-7-114.7, C.R.S.

1.1.3.6 'Enterprise' means the air quality enterprise created in § 25-7-103.5(3), C.R.S.

1.1.3.7 'Enterprise fee' means money collected through fees authorized by § 25-7-103.5(4), C.R.S.

1.1.3.8 'Fee payer' means any person or entity or group of persons or entities that pays all or part of an enterprise fee.

1.1.3.9 'Fund' means the air quality enterprise cash fund created in § 25-7-103.5(4), C.R.S.

1.1.4 Severability

Each provision of this regulation shall be deemed severable, and in the event that any provision of this regulation is held to be invalid, the remainder of this regulation shall continue in full force and effect.

6 CCR 1017-1.1

44 CR 13, July 10, 2021, effective 7/31/2021