Colo. Rev. Stat. § 25-7-103, Definitions

As used in this article 7, unless the context otherwise requires:

(1) Administrator means the administrator of the federal environmental protection agency.

(1.3) Adverse environmental effect, as a term used in the context of regulating hazardous air pollutants, means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.

(1.5) Air pollutant means any fume, smoke, particulate matter, vapor, or gas or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter, but air pollutant does not include water vapor or steam condensate or any other emission exempted by the commission consistent with the federal act. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the United States environmental protection agency or the commission has identified such precursor or precursors for the particular purpose for which the term air pollutant is used.

(2) Air pollution control authority means the division, or any person or agency given authority by the division, or a local governmental unit duly authorized with respect to air pollution control.

(3) Air pollution source means any source whatsoever at, from, or by reason of which there is emitted or discharged into the atmosphere any air pollutant.

(4) Allowable emissions means the emission rate calculated for a stationary source using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

(a) The applicable standards promulgated pursuant to the federal act for new source performance or hazardous air pollutants;

(b) The applicable Colorado emission control regulation; or

(5) Ambient air means that portion of the atmosphere, external to the sources, to which the general public has access.

(5.5) Appliance means any device which contains and uses as a refrigerant a class I or class II ozone depleting compound as defined by the administrator and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.

(5.7) Approved motor vehicle refrigerant recycling equipment means any equipment models certified by the administrator, or any independent standards testing organization approved by such administrator, to meet the standards established by the administrator which are applicable to equipment for the extraction of refrigerants from motor vehicle air conditioners. Equipment for such purpose purchased prior to the promulgation of regulations pursuant to section 25-7-105 (11)(c) shall be considered certified if it is substantially identical to equipment which is certified by the administrator.

(6) Repealed.

(6.5) CFC means any of the chlorofluorocarbon chemicals CFC-11, CFC-12, CFC-112, CFC-113, CFC-114, CFC-115, or CFC-502.

(6.7) Colorado generally available control technology or Colorado GACT means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements utilizing generally available control technologies or management practices by area sources for the reduction of emissions of hazardous air pollutants considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.

(6.8) Colorado maximum achievable control technology or Colorado MACT means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements which provide for the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.

(7) Commission means the air quality control commission created by section 25-7-104.

(8) Construction means fabrication, erection, installation, or modification of an air pollution source.

(8.5) Disproportionately impacted community has the meaning set forth in section 24-4-109 (2)(b)(II).

(9) Division means the division of administration of the department of public health and environment.

(9.5) Effects on public welfare means all language referring to effects on public welfare, which includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transformation, conversion, or combination with other air pollutants.

(9.7) Emergency event means a situation arising from a sudden and reasonably unforeseen natural disaster or other unforeseen event, including the loss of utility service, that requires the use of emergency stationary engines to alleviate a threat to health, safety, and welfare pursuant to 40 CFR 60 or 63, as in effect on January 1, 2022. A threat to health, safety, and welfare includes national security threats.

(9.8) Emergency stationary engine means an engine that is not mobile and that is used to provide electric power to or mechanical work for critical infrastructure during an emergency event.

(10) Emission means the discharge or release into the atmosphere of one or more air pollutants.

(11) Emission control regulation means and includes any standard promulgated by regulation that is applicable to all air pollution sources within a specified area and that prohibits or establishes permissible limits for specific types of emissions in such area; any regulation that by its terms is applicable to a specified type of facility, process, or activity for the purpose of controlling the extent, degree, or nature of pollution emitted from such type of facility, process, or activity; any regulation adopted for the purpose of preventing or minimizing emission of any air pollutant in potentially dangerous quantities; and any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards that describe maximum ambient air concentrations of specifically identified pollutants or that describe varying degrees of pollution of ambient air. Emission control regulations pertaining to hazardous air pollutants, as defined in subsection (13) of this section, and toxic air contaminants designated pursuant to section 25-7-109.5, shall be consistent with the emission standards promulgated under section 112 of the federal act or section 25-7-109.3 or 25-7-109.5 in reducing or preventing emissions and may include application of measures, processes, methods, systems, or techniques, including, but not limited to, measures that:

(a) Reduce the volume of, or eliminate emissions of, such pollutants through process changes, emissions limitations, control technologies, substitution of materials, or other modifications;

(b) Enclose systems or processes to eliminate emissions;

(c) Collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emissions point;

(d) Are design, equipment, or work practice standards (including requirements for operator training or certification); or

(e) Are a combination of the provisions of paragraphs (a) to (d) of this subsection (11).

(11.5) Emission data means, with reference to any source of emission of any substance into the air:

(a) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been, or will be, emitted by the source (or of any pollutant resulting from any emission by the source), or any combination thereof;

(b) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emission which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source), or any combination thereof;

(c) A general description of the location or nature, or both, of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

(12) Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et seq., as amended.

(12.1) Generally available control technology or GACT means standards promulgated pursuant to section 112 of the federal act which provide for the use of generally available control technologies or management practices for the control of hazardous air pollutants for area sources, as defined in section 112 of the federal act, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.

(13) Hazardous air pollutant means an air pollutant which presents through inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which has been listed pursuant to section 112 of the federal act or section 25-7-109.3.

(14) Indirect air pollution source means any facility, building, structure, or installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity which results in emissions of air pollutants which might reasonably be expected to interfere with the attainment and maintenance of national ambient air standards.

(15) Issue or issuance means the mailing, including by electronic mail, of any order, permit, determination, or notice, other than notice by publication, or personal service on the person. The date of issuance of the order, permit, determination, or notice must be the date of the mailing or service or such later date as is stated in the order, permit, determination, or notice.

(16) Local air pollution law means any law, ordinance, resolution, code, rule, or regulation adopted by the governing body of any city, town, county, or city and county, pertaining to the prevention, control, and abatement of air pollution.

(16.5) Maximum achievable control technology or MACT means emission standards promulgated under section 112 of the federal act requiring the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.

(17) Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

(18) Motor vehicle means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways.

(18.3) Motor vehicle air conditioner means any air conditioner designed for installation in a motor vehicle which uses as a refrigerant any class I or class II ozone depleting compound as defined by the administrator.

(18.4) Owner or operator means any person who owns, leases, operates, controls, or supervises a stationary source.

(18.5) Ozone depleting compound means any substance on the list of class I and class II ozone depleting compounds as defined by the administrator and as referenced in section 602 of the federal Clean Air Act Amendments of 1990.

(19) Person means any individual, public or private corporation, partnership, association, firm, trust, estate, the United States or the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

(19.5) Refrigeration system includes refrigerators, freezers, cold storage warehouse refrigeration systems, and air conditioners, any of which hold more than one hundred pounds of refrigerant or more than one hundred pounds total if more than one refrigeration unit or system exists at the same location.

(20) Shutdown means the cessation of operation of any air pollution source for any purpose.

(21) Start-up means the setting in operation of any air pollution source for any purpose.

(22) State implementation plan or SIP means a plan required by and described in section 110 (a) or 169A of the federal act.

(22.5) Statewide greenhouse gas pollution means the total net statewide anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride, expressed as carbon dioxide equivalent calculated using a methodology and data on radiative forcing and atmospheric persistence deemed appropriate by the commission.

(23) Stationary source means any building, structure, facility, or installation which emits or may emit any air pollutant.

Source: L. 79: Entire article R&RE, p. 1018, � 1, effective June 20. L. 84: (6) repealed, p. 768, � 1, effective July 1. L. 89: (6.5) and (19.5) added, p. 1156, � 2, effective January 1, 1990. L. 92: (1), (11), (12), (13), and (19) amended and (1.3), (1.5), (6.7), (6.8), (9.5), (11.5), (12.1), (16.5), and (18.4) added, p. 1166, � 5, effective July 1; (1) amended and (1.5), (5.5), (5.7), (18.3), and (18.5) added, p. 1291, � 1, effective July 1. L. 94: (9) amended, p. 2780, � 494, effective July 1. L. 2006: IP added, p. 1504, � 46, effective June 1. L. 2016: (18.5) amended, (SB 16-189), ch. 210, p. 770, � 62, effective June 6. L. 2019: IP amended and (22.5) added, (HB 19-1261), ch. 355, p. 3264, � 2, effective May 30. L. 2021: (8.5) added, (HB 21-1266), ch. 411, p. 2730, � 5, effective July 2. L. 2022: (9.7) and (9.8) added, (HB 22-1372), ch. 316, p. 2251, � 1, effective June 2; IP(11) and (11)(a) amended, (HB 22-1244), ch. 332, p. 2331, � 2, effective June 2; (12), (15), and (22) amended, (SB 22-193), ch. 300, p. 2156, � 4, effective June 2.

Editor's note: (1) Amendments to subsection (1.5) by Senate Bill 92-105 and House Bill 92-1178 were harmonized.

(2) Subsection (18.4) was enacted as subsection (18.3) by Senate Bill 92-105, Session Laws of Colorado 1992, chapter 179, section 5, but has been renumbered on revision for ease of location.

Cross references: (1) For the legislative declaration contained in the 1994 act amending subsection (9), see section 1 of chapter 345, Session Laws of Colorado 1994.

(2) For section 602 of the federal Clean Air Act Amendments of 1990, see 42 U.S.C. � 7671a.

(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.

(4) For the legislative declaration in HB 22-1244, see section 1 of chapter 332, Session Laws of Colorado 2022.

25-7-103.5. Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) Colorado faces numerous serious air quality challenges, which are having substantial adverse health and environmental impacts and impose additional burdens on Colorado's economy;

(b) The state of Colorado and stationary sources share the need for science-based air quality objectives that will require reductions in emissions of ozone precursors, greenhouse gases, and other pollutants;

(c) Colorado residents and stationary sources will benefit from effective ozone control strategies that are informed by the best available science to avoid reclassification of areas in attainment to nonattainment status or reclassification from serious to a more stringent category of nonattainment that will impose additional regulatory requirements;

(d) Enhanced monitoring techniques, capacity, and technology will provide better environmental results at a lower long-term cost;

(e) Air quality monitoring conducted by an enterprise in areas with a high concentration of air pollution sources will provide trusted data on the overall impact of these air pollution sources on nearby residents, while providing a cost-effective method to monitor the emissions they produce;

(f) Effective engagement with local communities often requires trusted third-party data and verification regarding emissions and environmental performance;

(g) Improved monitoring of emissions, better accuracy of emission inventories, and access to trusted science will ensure a level competitive playing field for Colorado businesses;

(h) Stationary sources in Colorado may seek air quality enterprise mitigation and monitoring services to implement their obligations under rules and permits and environmental, social, and governance objectives;

(i) Emission mitigation and monitoring programs can be more effective with economies of scale and when conducted on a statewide or regional basis through an enterprise;

(j) The air quality enterprise provides business services when, in exchange for payment of fees, it provides:

(I) High-quality, independent, and trusted research and science regarding emissions rates and inventories, monitoring and control technologies, and health effects and emissions impacts;

(II) High-quality, independent, and trusted data regarding pollutant emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;

(III) Tools, data, and research for more effective community engagement on air pollution issues;

(IV) Opportunities for trusted and cost-effective mitigation project development; and

(V) Additional business services to fee payers as may be provided by law;

(k) It is necessary, appropriate, and in the best interest of the state to acknowledge that, by providing the business services specified in this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;

(l) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenues collected by the enterprise are fees, not taxes, because the enterprise fees are:

(I) Imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in this section to fee payers; and

(II) Collected at rates that are reasonably calculated based on the benefits received by those entities and the costs of the services the enterprise provides; and

(m) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue collected by the enterprise under subsection (4) of this section is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b).

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) Board means the board of directors of the enterprise.

(b) Department means the department of public health and environment.

(d) Enterprise fee or fee means money collected through fees authorized by subsection (4) of this section.

(e) Executive director means the executive director of the department.

(f) Fund means the air quality enterprise cash fund created in subsection (4) of this section.

(g) Greenhouse gas has the meaning established in section 25-7-140 (6).

(3) Enterprise. (a) There is hereby created in the department the air quality enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of conducting the business activities specified in this section. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.

(I) Conduct science-based, unbiased air quality modeling, monitoring, assessment, data analysis, and research, which may include obtaining, analyzing, and reporting permitting and enforcement data; data regarding potential health risks from emissions; emission data; ambient air quality, visibility, and meteorological sampling data; and similar data. The board shall prioritize these activities based on a research project's ability to provide information that will: Support tangible progress toward aiding fee payers' obligations and commitments to reducing air pollutants emitted by the fee payers; support fee payers in attaining standards and health-based or environmental guidelines; and assess public health that may be affected by fee payer emissions. The board shall ensure that all research conducted by the enterprise and its contractors is impartial, transparent, and meets high standards for scientific rigor. The board shall consult with fee payers, atmospheric science and public health experts, engineers with air quality expertise, and community stakeholders on formulating research priorities and shall specifically prioritize:

(A) Enhanced monitoring projects, including the placement of permanent monitoring stations using gas chromatography or proven, state-of-the-art technology to measure, in real time or nearly so, nitrogen oxides, volatile organic compounds, ozone, methane, and particulates at key locations upwind, downwind, and within high-emission regions;

(B) Regular aerial surveys and observations to assist leak detection and repair activities, improve the accuracy of emission inventories, and create a better understanding of regional emission profiles; and

(II) Establish the enterprise fees specified in subsection (4) of this section by rule and collect the fees;

(III) Allocate enterprise revenues to the services described in this section and contract for any necessary services from state agencies or other parties, including universities, private entities, and federal laboratories;

(IV) Issue revenue bonds payable from the revenues of the enterprise to implement its powers and duties;

(V) Receive fees or other payments, including those negotiated to conduct emission mitigation projects and custom monitoring or technology development or evaluation projects;

(VI) Engage the services of contractors, consultants, and legal counsel, including institutions of higher education, public research laboratories, private research institutions and consultants with expertise in air quality, the department, and the attorney general's office, for professional and technical assistance, advice, and other goods and services, including information technology, related to the conduct of the affairs of the enterprise without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department may provide office space, administrative services, and staff pursuant to a contract entered into pursuant to this subsection (3)(c)(VI). The board may, in consultation with the executive director or the executive director's designee, hire such other staff as it deems necessary to provide its business services.

(VII) Promote the development of unbiased, high quality science and not advocate for or develop air quality policy. Consistent with this, the board shall not participate as a party in any air-quality-related rule-making proceedings or have any role in the implementation of Colorado's air quality laws.

(VIII) Receive payments to finance specific projects, including community-based monitoring or emission mitigation projects in the state or in a specified area of the state, as directed by this article 7 or any program that the commission establishes by rule pursuant to this article 7.

(d) (I) The enterprise is governed by a board of directors. The board consists of:

(A) The executive director or the executive director's designee;

(B) The following members appointed by the governor: Two members of the commission; two representatives of fee payers with expertise in field engineering or environmental management; one member with significant private sector experience in the field of business management; and four members who are highly qualified and professionally active or engaged in the conduct of scientific research, including at least two who are experts in atmospheric or air quality modeling, monitoring, assessment, and research and one member who is a toxicologist, epidemiologist, pathologist, pulmonologist, cardiologist, or expert in a similar field related to the public health or environmental effects of air pollutants.

(II) To the extent practicable, at least two of the governor appointees must be individuals who have a record of peer-reviewed publications and who are affiliated with, currently hold, or have held academic or equivalent appointments at universities, federal laboratories, or other research institutions.

(e) The executive director or the executive director's designee, in the capacity of a member of the board, shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. The appointed members of the board are entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending official board meetings.

(f) The term of office of appointed board members is three years.

(g) The board shall conduct the enterprise's business as required by state law, including the open meeting requirements of part 4 of article 6 of title 24 and the open record requirements of article 72 of title 24.

(4) Fund - enterprise fees and other revenue. (a) There is hereby created in the state treasury the air quality enterprise cash fund. The fund consists of money credited to the fund pursuant to this subsection (4), payments for other purposes as authorized under subsection (3)(c)(VIII) of this section, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) The board shall establish by rule enterprise fees, which may include the following enterprise fees in an amount that, in the aggregate, reflects the value of the services provided:

(I) A fee per ton of air pollutant emitted by a stationary source annually, which fee may vary based on the air pollutant relative to the extent of research or mitigation needs associated with the pollutant;

(II) A fee for custom or additional air quality modeling, monitoring, assessment, or research services; and

(III) A fee for emission mitigation project services sought by fee payers.

(c) Money in the fund is continuously appropriated to the enterprise to accomplish the purposes set forth in subsection (3)(c) of this section, including to:

(I) Conduct and broadly disseminate air quality modeling, monitoring, assessment, data analysis, health risk assessment, and research related to stationary sources that:

(A) Follow or advance best practices for risk assessment, risk management, monitoring, modeling, and assessment;

(B) Use consistent, data-driven, and transparent processes for scoping and prioritizing activities; and

(II) Provide high-quality, independent, and trusted research and development services regarding stationary source emissions rates and inventories, monitoring and control technologies, and public health risk impacts from those emissions;

(III) Provide high-quality, independent, and trusted data regarding pollutant emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;

(IV) Provide trusted and cost-effective mitigation project services to meet corporate sustainability, settlement, and other objectives;

(V) Provide additional business services to fee payers as may be provided by law; and

(VI) Provide its data to fee payers, the division, and the commission to facilitate the fee payers' emissions mitigation and compliance efforts and the division's and commission's enforcement and administration of this article 7.

(d) The enterprise shall dedicate a meaningful portion of its annual revenues toward competitive grants to conduct highly qualified, peer-reviewed research related to research priorities identified by the board. Before finalizing a draft research product, the board shall post the draft on the board's website and allow a period of time for public comment on the draft. The board shall publish the research products and make them and all data collected pursuant to enterprise-funded research publicly available.

(e) Before establishing fees, the board shall conduct a stakeholder process to solicit input from potential fee payers and other stakeholders on the appropriate fee structure. The enterprise shall not collect any fees before July 1, 2021. The amount of enterprise fees collected under subsection (4)(b)(I) of this section is limited as follows:

(I) For state fiscal year 2021-22, fees must not exceed one million dollars;

(II) For state fiscal year 2022-23, fees must not exceed three million dollars;

(III) For state fiscal year 2023-24, fees must not exceed four million dollars; and

(IV) (A) For state fiscal years commencing on or after July 1, 2024, fees must not exceed five million dollars.

(B) Subsections (4)(e)(I) to (4)(e)(III) of this section and this subsection (4)(e)(IV)(B) are repealed, effective September 1, 2026.

(f) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(5) Report. Notwithstanding section 24-1-136 (11)(a)(I), the board shall provide a report to the committees of reference of the general assembly with jurisdiction over public health and the environment by December 1 of each year. The report must include summaries of the board's prioritization of research needs; modeling, monitoring, assessment, and research accomplished by the enterprise; the enterprise's completed, ongoing, and planned emission mitigation services; use of the fund; enterprise fees; and the value of business services provided to fee payers through the operation of the enterprise.

(6) Repeal. (a) This section is repealed, effective September 1, 2034. Before the repeal, the enterprise is scheduled for review in accordance with section 24-34-104.

(b) On September 1, 2034, the state treasurer shall transfer all unallocated money in the fund to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).

Source: L. 2020: Entire section added, (SB 20-204), ch. 192, p. 884, � 2, effective July 1. L. 2022: (3)(d) and (3)(f) amended, (SB 22-013), ch. 2, p. 59, � 76, effective February 25; (1)(m), (4)(a), and IP(4)(e) amended and (3)(c)(VIII) added, (SB 22-193), ch. 300, p. 2156, � 5, effective June 2; (3)(a) amended, (SB 22-162), ch. 469, p. 3368, � 48, effective August 10.

Cross references: 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. For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.