SENATE BILL 940

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO THE ENVIRONMENT; PROVIDING FOR RESTRICTIONS ON THE ADOPTION AND ENFORCEMENT OF REGULATIONS RELATING TO OPEN-FIRE BURNING BY THE ENVIRONMENTAL IMPROVEMENT BOARD.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 74-2-11.1 NMSA 1978 (being Laws 1979, Chapter 393, Section 7, as amended) is amended to read:

     "74-2-11.1. LIMITATIONS ON REGULATIONS.--The Air Quality Control Act does not:

          A. authorize the environmental improvement board or the local board to:

                (1) make any regulation with respect to any condition or quality of the outdoor atmosphere if the condition or air quality level and its effect are confined entirely within the boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries;

                (2) make any regulation that prohibits open-fire burning by a person when the burning occurs one-half mile or more from all occupied dwellings not owned by the person; and

                (3) enforce any regulation relating to open-fire burning when the burning does not result in pollution that does not exceed federal standards or regulations;

          B. grant to the environmental improvement board or the local board any jurisdiction or authority affecting the relation between employers and employees with respect to or arising out of any condition of air quality; or

          C. supersede or limit the applicability of any law relating to industrial health, safety or sanitation."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

- 2 -