Colorado Legislative Council Staff



Drafting Number:

Prime Sponsor(s):

LLS 99-0476

Rep. Mitchell


Bill Status:

Fiscal Analyst:

January 3, 1999

House HEWI

Scott Nachtrieb (303-866-4752)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

Cash Fund

$333,088 to $1,556,904

$315,088 to $1,463,424

State Expenditures

Cash Fund

$333,088 to $1,556,904

$315,088 to $1,463,424

FTE Position Change

5.9 to 31.2 FTE

5.9 to 31.2 FTE

Other State Impact: TABOR

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000: Department of Public Health & Envirnment $333,088 and 5.9 FTE Stationary Sources Fund

Local Government Impact: See Local Government Impact section

Summary of Legislation

            The bill would require the Air Quality Control Commission in the Department of Public Health and Environment (DPHE) to update emission inventories for criteria pollutants by December 31, 2000, and every three years thereafter. Data from the prior year or the most recent twelve month period would be used for the updates. Air Pollutant Emission Notices (APEN) would also be used to update the emissions inventory.

State Revenues

            The bill requires that the APEN fees be imposed to cover the costs of the expenditures this program would generate. The current filing fee for APENs is $100. Hazardous pollutants are assessed an additional $100 per ton emitted and $14.98 per ton for suspended particulates of SO2 and NOx. The estimated revenue generated would be between $333,088 and $1,556,904 in Stationary Sources Account Funds.

State Expenditures

            The bill requires the DPHE to update emissions inventories for criteria pollutants by the end of the calendar year 2000. In addition, the bill would require the Department to update the inventory including parts of the state and stationary sources that have not been in the inventory before. The following stationary sources would be new stationary sources in the inventory: unpaved roads near pristine areas; mobile sources associated with public roadways; prescribed burnings on public lands; federal, state, and local land management sources; biogenic sources; and emissions not in the subject area, but impacting the area. The bill would require a public hearing before the Air Quality Control Commission. This would require approximately 300 hours of staff time which would be completed within existing resources. Developing the inventory list for the new sources and for the new areas of the state for CO, SO2, VOC, NO2, NOx, and PM10 would require 3,377 hours of staff time. Utilizing land use and land mapping for determining biogenic areas would require 185 hours of staff time. Determining pollutants that impact the subject area, but are not in the area would require 7,335 staff hours. The total personal services requirements created by theses additional duties would be 5.9 FTE at a cost of $333,088 CF.

            The bill would require APENs to be filed by stationary sources in the new areas of the state and from the new sources included in the bill. An accurate assessment of the number of new sources and the complexity of the assessment required cannot be made at this time. Additional decisions and determinations will have to be made concerning what is included under biogenic sources, unpaved roads, area sources, and federal, state, and local land management sources. Should a broad and extensive definition be made, the amount of personal service resources required for this purpose could be as high as 42,294 hours or 25.2 FTE. The resources required by the DPHE to implement this bill may range from 5.9 FTE to 31.2 FTE and $333,088 to $1,556,904.

Local Government Impact

            Local governments could have additional expenditures depending upon the definition and interpretation of local land management sources. They may have additional workloads and filing fees depending upon the areas that would be included within their jurisdiction.

State Appropriations

            This fiscal note implies that the Department of Public Health and Environment would require a Stationary Sources Control Fund appropriation for 5.9 FTE and $333,088 in FY 1999-00 to implement this bill.

Departments Contacted

            Public Health and Environment