Colorado Code
Part 1 - Air Quality Control Program
§ 25-7-114.7. Emission Fees - Fund - Rules - Definition - Repeal

(A.5) A late payment fee. Such fee shall be assessed at the rate of one percent per month for accounts more than sixty days past due; except that no late payment fee may be assessed during a period in which an account is under administrative review by the division in order to respond to a reasonable request by the owner or operator of a source for allocation of the fees among multiple sources or to resolve a good-faith claim by the owner or operator of a source that there has been an error in calculation of the amount of fees due. At the end of the administrative review, the division shall inform the owner or operator of the source in writing of any findings.






(VI) Notwithstanding subparagraph (III) of this paragraph (a), the division shall not assess a fee for work performed to negotiate a voluntary agreement under part 12 of this article above a maximum of one hundred hours at a rate of fifty-nine dollars and ninety-eight cents per hour unless the owner or operator proposing the voluntary agreement consents to a greater fee in writing.
(VII) The commission shall establish, by rule, a fee per ton of greenhouse gas, in the form of carbon dioxide equivalent, that was reported in the most recent air pollutant emission notice on file with the division in an amount that is sufficient to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7 that pertain to emissions of greenhouse gas. The commission may set thresholds of reported greenhouse gas below which no such fee shall be assessed. No more frequently than annually, the commission may adjust the fee for greenhouse gas by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7 that pertain to emissions of greenhouse gas.




































Source: L. 92: Entire section added, p. 1214, § 18, effective July 1. L. 93: IP(2)(a)(I), (2)(a)(I)(A), and (2)(b) amended, p. 941, § 3, effective May 28. L. 94: (2)(a)(I)(A), (2)(b), and (2)(c) amended and (2)(a)(I)(A.5) and (2)(a)(IV) added, pp. 1390, 1392, §§ 2, 3, effective May 25; (2)(b) amended, p. 2783, § 501, effective July 1. L. 96: (1)(b)(II) amended, p. 1309, § 1, effective June 1; (2)(b) amended, p. 1451, § 2, effective June 1; (2)(a)(I)(A) and (2)(a)(IV) amended and (2)(a)(V) added, p. 846, § 3, effective July 1; (2)(e) repealed, p. 1259, § 155, effective August 7. L. 97: (1)(a)(VII) amended, p. 527, § 9, effective July 1. L. 98: (2)(f) added, p. 1335, § 49, effective June 1; (2)(a)(VI) added, p. 1050, § 2, effective July 1. L. 99: (2)(a)(III) amended, p. 790, § 2, effective May 24. L. 2001: (2)(a)(I)(A), (2)(a)(I)(B), (2)(a)(III), (2)(a)(VI), (2)(b), and (2)(c) amended, p. 642, § 3, effective May 30; (2)(a)(III) amended, p. 1185, § 2, effective July 1. L. 2008: IP(2)(a)(I), (2)(a)(I)(A), (2)(a)(I)(B), and (2)(a)(III) amended, p. 883, § 3, effective May 20. L. 2010: (2)(b)(II) amended, (HB 10-1422), ch. 419, p. 2103, § 117, effective August 11. L. 2018: (2)(a)(I)(A), (2)(a)(I)(B), and (2)(a)(III) amended and (2)(g) added, (HB 18-1400), ch. 218, p. 1394, § 3, effective May 18. L. 2020: (2)(a)(I)(A), (2)(a)(I)(B), and (2)(a)(III) amended and (2)(b)(III) and (2)(b)(IV) added, (SB 20-204), ch. 192, p. 892, § 5, effective July 1. L. 2021: (1)(a)(II), IP(2)(a)(I), IP(2)(b)(III), and (2)(b)(III)(G) amended and (2)(a)(VII), (2)(b)(III)(I), (2)(b)(III)(J), and (2)(h) added, (HB 21-1266), ch. 411, p. 2734, § 10, effective July 2.




Cross references: (1) For the legislative declaration contained in the 1994 act amending subsection (2)(b), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act repealing subsection (2)(e), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 18-1400, see section 1 of chapter 218, Session Laws of Colorado 2018.
(2) For the short title ("Clean Up Colorado's Air Act") in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020.
(3) For the short title ("Environmental Justice Act") and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

Structure Colorado Code