HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
HOUSE BILL 492
54th legislature - STATE OF NEW MEXICO - first session, 2019
AN ACT
RELATING TO PETROLEUM PRODUCTS; AGGREGATING THE TIME PERIOD WHEN REQUIRED PERCENTAGES OF BIODIESEL FUEL SHALL BE USED; CHANGING THE REQUIRED PERCENTAGES OF BIODIESEL FUEL; PROVIDING FOR THE REPORTING OF BIODIESEL FUEL SALES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 57-19-28 NMSA 1978 (being Laws 1993, Chapter 98, Section 4, as amended) is amended to read:
"57-19-28. DUTIES OF THE BOARD--AUTHORITY OF THE DIRECTOR.--
A. The board is responsible for the administration and enforcement of the provisions of the Petroleum Products Standards Act. The board shall adopt rules and regulations necessary to administer and enforce the provisions of that act. The board shall provide public notice and allow public comment on all proposed rules and regulations.
B. The director shall have the authority to:
(1) inspect, investigate, analyze and take appropriate actions to administer and enforce the provisions of the Petroleum Products Standards Act;
(2) enter any commercial premises from which petroleum products are offered for sale during normal business hours. If the premises are not open to the public, the director shall present the director's credentials and enter only with consent from the commercial entity. If no consent is given, the director shall obtain a search warrant;
(3) collect or cause to be collected samples of petroleum products offered for sale and cause such samples to be tested or analyzed to determine if they are in compliance with the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(4) issue and enforce stop-sale, hold and removal orders with respect to a petroleum product kept, offered or exposed for sale in violation of the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(5) require distributors and retailers to retain records pertaining to petroleum product purchases and sales for a period of not [more than one year] less than two years;
(6) maintain and operate a petroleum product testing laboratory to ensure that all petroleum products offered for sale in New Mexico meet standards prescribed in the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(7) issue and enforce stop-use orders for measuring equipment or vehicle tanks that are used commercially and that do not conform to the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act; and
(8) delegate to authorized representatives any of the responsibilities for the proper administration of the Petroleum Products Standards Act.
C. If in [consultation] agreement with the secretary of energy, minerals and natural resources and pursuant to regular, periodic monitoring, the director determines that sufficient amounts of biodiesel are not available to meet the requirements of Section 57-19-29 NMSA 1978 or that the price of the biodiesel blend significantly exceeds the price of diesel fuel for at least two months, the director shall suspend those requirements for a period of up to six months.
D. If the director, in agreement with the secretary of energy, minerals and natural resources, determines that biodiesel plants permitted by the state of New Mexico by January 1, 2022 do not have the capacity to produce twelve million gallons of biodiesel fuel per year, the director may suspend the requirements of Section 57-19-29 NMSA 1978 until such production capacity is demonstrated."
SECTION 2. Section 57-19-29 NMSA 1978 (being Laws 1993, Chapter 98, Section 5, as amended) is amended to read:
"57-19-29. QUALITY STANDARDS.--
A. Unless modified by regulation of the board, the quality standards, tests and methods of conducting analyses on petroleum products manufactured, kept, stored, sold or offered for sale in New Mexico shall be those last adopted and published by the American society for testing and materials or the society of automotive engineers and shall be used to determine compliance with the Petroleum Products Standards Act and regulations adopted pursuant to that act. In the absence of a petroleum product quality standard, test or method from the American society for testing and materials or the society of automotive engineers, the board may adopt a regulation that establishes a quality standard, test or method to conduct analyses on petroleum products.
B. [After July 1, 2010 and before July 1, 2012] All diesel fuel sold to state agencies, political subdivisions of the state and public schools for use in motor vehicles on the streets and highways of this state shall contain [five percent biodiesel] yearly, on an aggregate basis, at least three percent biodiesel fuel beginning January 1, 2020; at least four percent biodiesel fuel beginning January 1, 2021; and at least five percent biodiesel fuel beginning January 1, 2022, except that this standard may be temporarily suspended by the director in accordance with Section 57-19-28 NMSA 1978.
C. [On or after July 1, 2012] All diesel fuel sold to consumers for use in motor vehicles on the streets and highways of this state shall contain [five percent biodiesel] yearly, on an aggregate basis, at least three percent biodiesel fuel beginning January 1, 2020; at least four percent biodiesel fuel beginning January 1, 2021; and at least five percent biodiesel fuel beginning January 1, 2022, except that this standard may be temporarily suspended by the director in accordance with Section 57-19-28 NMSA 1978.
D. Rack operators and special fuel suppliers subject to taxation pursuant to the Special Fuels Supplier Tax Act shall:
(1) provide annually to the department the amounts of diesel fuel and biodiesel fuel that have been supplied during that year; and
(2) provide the information described in Paragraph (1) of this subsection in accordance with rules promulgated by the department on a form designed and provided by the department, which form shall include a sworn statement under penalty of perjury that the information contained on the form is complete and accurate.
E. In accordance with rules promulgated by the department, information provided pursuant to Subsection D of this section shall be aggregated for the prior calendar year and made available to the governor and legislature by no later than the twenty-fifth day of March each calendar year."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2020.
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