§ 72-0303. Operating permit program fees.\n * 1. Commencing January first, two thousand fifteen and every year\nthereafter, all sources of regulated air contaminants identified\npursuant to subdivision one of section 19-0311 of this chapter shall\nsubmit to the department an annual base fee of two thousand five hundred\ndollars. This base fee shall be in addition to the fees listed below.\nCommencing January first, nineteen hundred ninety-four and every year\nthereafter all sources of regulated air contaminants identified pursuant\nto subdivision one of section 19-0311 of this chapter shall submit to\nthe department an annual fee not to exceed the per ton fees described\nbelow. The per ton fee is assessed on each ton of emissions up to seven\nthousand tons annually of each regulated air contaminant as follows:\nsixty dollars per ton for facilities with total emissions less than one\nthousand tons annually; seventy dollars per ton for facilities with\ntotal emissions of one thousand or more but less than two thousand tons\nannually; eighty dollars per ton for facilities with total emissions of\ntwo thousand or more but less than five thousand tons annually; and\nninety dollars per ton for facilities with total emissions of five\nthousand or more tons annually. Such fee shall be sufficient to support\nan appropriation approved by the legislature for the direct and indirect\ncosts associated with the operating permit program established in\nsection 19-0311 of this chapter. Such fee shall be established by the\ndepartment and shall be calculated by dividing the amount of the current\nyear appropriation from the operating permit program account of the\nclean air fund by the total tons of emissions of regulated air\ncontaminants that are subject to the operating permit program fees from\nsources subject to the operating permit program pursuant to section\n19-0311 of this chapter up to seven thousand tons annually of each\nregulated air contaminant from each source; provided that, in making\nsuch calculation, the department shall adjust their calculation to\naccount for any deficit or surplus in the operating permit program\naccount of the clean air fund established pursuant to section\nninety-seven-oo of the state finance law; any loan repayment from the\nmobile source account of the clean air fund established pursuant to\nsection ninety-seven-oo of the state finance law; and the rate of\ncollection by the department of the bills issued for the fee for the\nprior year.\n Notwithstanding the provisions of the state administrative procedure\nact, such calculation and fee shall be established as a rule by\npublication in the Environmental Notice Bulletin no later than thirty\ndays after the budget bills making appropriations for the support of\ngovernment are enacted or July first, whichever is later, of the year\nsuch fee will be effective. In no event shall the fee established herein\nbe any greater than the maximum fee identified pursuant to this section.\n * NB Effective until January 1, 2027\n * 1. Commencing January first, two thousand twenty-seven and every\nyear thereafter, all sources of regulated air contaminants identified\npursuant to subdivision one of section 19-0311 of this chapter shall\nsubmit to the department an annual base fee of eight thousand five\nhundred dollars per facility. This base fee shall be in addition to the\nfees listed below. Commencing January first, two thousand twenty-seven\nand every year thereafter, all sources of regulated air contaminants\nidentified pursuant to subdivision one of section 19-0311 of this\nchapter shall submit to the department an annual fee not to exceed the\nper ton fees described below. The per ton fee is assessed on each ton of\nemissions of each regulated air contaminant as follows: two hundred\ndollars per ton for facilities with total emissions less than one\nthousand tons annually; two hundred twenty-five dollars per ton for\nfacilities with total emissions of one th
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