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 ยง
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.
Notes
6 CCR 1017-1.2
44
CR 13, July 10, 2021, effective
7/31/2021