(1) (a) Each application for certification shall be accompanied by a fee in the amount of fifteen dollars that is not refundable. The board shall adopt rules that set program fees in addition to the nonrefundable application fee in accordance with article 4 of title 24, and the fees must reflect the actual costs of administering the program as set forth in section 25-9-104 (1). (b) The water and wastewater facility operators fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to 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. Subject to annual appropriation by the general assembly, the board may expend money from the fund for the administration of this article 9. (c) The fees may be collected and retained by a nonprofit corporation selected and appointed by the board pursuant to section 25-9-104.2 to pay for its actual costs to administer the program as approved by the board through duly adopted rules. However, any such nonprofit corporation shall remit to the state treasurer a portion of the fee in the amount of five dollars for each new and renewal certificate. The state treasurer shall credit the money to the fund pursuant to subsection (1)(b) of this section. (d) With the approval of the board, all money may be paid to the nonprofit corporation and, except for the five dollars for new and renewal certifications, may be retained by the nonprofit corporation to defray program expenses. Alternatively, if certification and renewal fees are received directly by the board, all money shall be deposited with the state treasurer pursuant to subsection (1)(b) of this section. (2) Notwithstanding the amount specified for any fee in subsection (1) of this section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24- 75-402 (4), C.R.S.
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