Colorado Legislative Council Staff

STATE

FISCAL IMPACT

TITLE:            CONCERNING THE AUTHORITY FOR PUBLIC HEARINGS BEFORE THE AIR QUALITY CONTROL COMMISSION FOR A CONSTRUCTION PERMIT APPLICATION FOR A MODIFICATION TO AN EXISTING STATIONARY SOURCE THAT HAS BEEN DESIGNATED BY THE COMMISSION AS WARRANTING PUBLIC COMMENT UPON REQUEST OF A LOCAL GOVERNMENT ENTITY HAVING LAND USE JURISDICTION OVER THE STATIONARY SOURCE.

Summary of Legislation

            The bill authorizes public hearings before the Air Quality Control Commission for construction permit applications for a minor modification to an existing stationary source, where the Commission has determined that public comment is warranted, when requested by the local government entity having land use jurisdiction over the stationary source. Additionally, the bill establishes time frames for the submission of requests, calendaring of public hearings, and granting or denying a permit application.

State Revenues

            State revenues in the Stationary Source Control Fund are estimated to increase by $5,400 under this bill. According to data in the Department of Public Health and Environment (DPHE), Air Pollution Control Division's (APCD) permit tracking system, the APCD received and processed 57 application for minor construction permit modifications (meeting the criteria of this bill) in 1998. Of this number, it is assumed that only 5 percent would actually result in a request for a public hearing — 3 public hearings. According to statute [Section 25-7-114.7 (2) (a) (III)], because the public hearing is related to the issuance of an air pollution permit, time spent on permit issue is chargeable to the permitted source. APCD staff time spent in preparation of the public hearing would be chargeable at a rate of $50 per hour. On average, total work hours per public hearing total 36 hours (36 hours x 3 public hearing x $50/hour = $4,500).

State Expenditures

            DPHE has identified a nominal cost under the bill — $2,829. Because the APCD acts as staff to the Air Quality Control Commission, any directive placed on the Commision is actually a workload increase for the APCD. The Commission holds public hearings for one to two days monthly. As per the Commission's procedural rules, upon receipt of a petition for a public hearing request, it is to schedule an official "request for hearing" in the following month. Once requested and accepted by the Commission, the public hearing is set. Hearings required under this bill will be part of the Commission's monthly hearing process. This fiscal note assumes that, because these hearings will be part of the monthly hearing process, the workload increase will be marginal and can be accommodated within existing resources.

State Appropriation

            No additional spending authority is required; no appropriation is needed in FY 1999-00.

Departments Contacted

            Public Health and Environment