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