SENATE BILL 391

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Larry R. Scott and James G. Townsend and David M. Gallegos

and Candy Spence Ezzell

 

 

 

 

AN ACT

RELATING TO THE ENVIRONMENT; AMENDING CIVIL PENALTIES FOR VIOLATIONS OF THE AIR QUALITY CONTROL ACT.

 

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

     SECTION 1. Section 74-2-12.1 NMSA 1978 (being Laws 1992, Chapter 20, Section 15, as amended) is amended to read:

     "74-2-12.1. CIVIL PENALTY--REPRESENTATION OF DEPARTMENT OR LOCAL AUTHORITY--LIMITATION OF ACTIONS.--

          A. A person who violates a provision of the Air Quality Control Act or a regulation, permit condition or emergency order adopted or issued pursuant to that act may be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000) for each day during any portion of which a violation occurs.

          B. A person who fails to comply with an administrative order issued pursuant to Section 74-2-12 NMSA 1978 may be assessed, pursuant to a court order, a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.

          C. The amount of a civil penalty shall not be assessed based upon the permittee's ability to pay. There shall be no civil penalty if:

                (1) the violation is self-reported and the permittee is taking the appropriate action to eliminate, remediate or otherwise mitigate the environmental damage resulting from the permittee's operations; or

                (2) the violation is the result of a mishap or mechanical malfunction as long as the permittee is operating the equipment within its rated capacity and can demonstrate a history of maintaining it according to the manufacturer's recommendations and the permittee is taking the appropriate action to eliminate, remediate or otherwise mitigate the environmental damage resulting from the mishap.

          [C.] D. In an action to enforce the provisions of the Air Quality Control Act or an ordinance, regulation, permit condition or order, adopted, imposed or issued pursuant to that act:

                (1) the department shall be represented by the attorney general;

                (2) a local authority that is a municipality shall be represented by the attorney of the municipality; and

                (3) a local authority that is a county shall be represented by the district attorney within whose judicial district the county lies.

          [D.] E. No action for civil penalty shall be commenced more than five years from the date the violation was known by the department or the local agency."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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