6 Colo. Code Regs. § 1017-1.2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1017-1.2 - ANNUAL EMISSION FEE

1.2.1 Annual Emission Fee

Owners or operators of stationary sources must pay annual emission fees as established by the board, which in the aggregate, reflect the cost of the services provided.

1.2.1.1 Stakeholder Process

(A) Before commencing a rulemaking to revise annual emission fees, the board will conduct a stakeholder process to solicit input from fee payers and other stakeholders on the appropriate fee structure.

(B) The stakeholder process will include at least two public meetings.

1.2.2 Annual Emission Fee Calculation

1.2.2.1 Annual emission fees will be calculated based on the division fees charged to stationary sources of pollution by the division for the previous state fiscal year for which fee adjustments have been completed.

1.2.2.2 The annual emission fee will be assessed proportionally among the top 150 companies whose stationary sources emit the highest sum of the mass of all air pollutants for which a division fee is paid, sorted by customer number and the corresponding division fee. Other air pollution emission sources will not be charged an annual emission fee for that fiscal year.

1.2.2.3 The general equation for calculating the annual emission fee is:

(A) For the first four fiscal year billing cycles:

Annual emission fee for fee payer = division fee paid by the fee payer x (SL / T150 Sum)

where,

SL = Statutory limit, as outlined in § 25-7-103.5(4)(e)

T150 Sum = Sum of the division fees paid for the fiscal year by the Top 150 companies

(B) Beginning in FY 2025-26:

Annual emission fee for fee payer = division fee paid by the fee payer x (RR / T150 Sum)

where,

RR = Revenue requirement, which will be determined by the Board through a public process

T150 Sum = Sum of the division fees paid for the fiscal year by the Top 150 companies

1.2.2.4 The annual emission fee for the top 150 companies equals:

(A) For state fiscal year 2021-22:

Division fee for FY 2019-20 x ($1,000,000 / T150 Sum for FY 2019-20)

(B) For state fiscal year 2022-23:

Division fee for FY 2020-21 x ($3,000,000 / T150 Sum for FY 2020-21)

(C) For state fiscal year 2023-24 equals:

Division fee for FY 2021-22 x ($4,000,000 / T150 Sum for FY 2021-22)

(D) For state fiscal year 2024-25:

Division fee for FY 2022-23 x ($5,000,000 / T150 Sum for FY 2022-23)

(E) For state fiscal year 2025-26 and each subsequent year:

Division fee for FY 2023-24 (or the previous year if later) x (RR / T150 Sum for FY 2023-24 (or the previous year if later))

1.2.3 Annual Emission Fee Invoicing and Payment

1.2.3.1 Annual emission fees must be paid in accordance with the invoice issued by enterprise staff.

1.2.3.2 Annual emission fee payments are due no later than thirty (30) days after the issuance of the invoice.

6 CCR 1017-1.2

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