A. There is created in the state treasury the “state air quality permit fund” to be administered by the department. All fees collected by the department pursuant to Section 74-2-7 N.M. Stat. Ann. shall be deposited in the state air quality permit fund.

B. Money in the state air quality permit fund is appropriated to the department for the purpose of paying the reasonable costs of:

(1)     reviewing and acting upon any application for a permit;

(2)     if the owner or operator receives a permit, implementing and enforcing the terms and conditions of such permit not including any court costs or other costs associated with any enforcement action;

(3)     emissions and ambient monitoring;

(4)     preparing generally applicable regulations or guidance; (5)     modeling, analysis and demonstrations; and

(6)     preparing inventories and tracking emissions.