45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELECTRIC GENERATION; PROVIDING FOR LOCAL GOVERNING BODY CONSTRUCTION PERMITTING OF CERTAIN ELECTRIC GENERATION FACILITIES; ENACTING A NEW SECTION OF THE AIR QUALITY CONTROL ACT.

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

Section 1. A new section of the Air Quality Control Act is enacted to read:

"[NEW MATERIAL] LOCAL GOVERNING BODY AUTHORITY-- CONSTRUCTION PERMITS--ELECTRIC GENERATION FACILITIES.--

A. A local governing body may issue a construction permit to an electric generation facility with a one hundred megawatt or less generating capacity. A facility that receives a construction permit pursuant to this section may be constructed and operate as if it has met all applicable department permitting requirements; provided, that if once the facility is operating and it does not meet all department and federal act emissions standards and operating standards, the department may order the facility to cease operation until it is certified by the department as meeting all required standards.

B. A facility that receives a construction permit from a local governing body shall notify the department within thirty days of receiving a local governing body construction permit.

C. As used in this section, "local governing body" means the council or other legislative body charged with governing a municipality, county or Indian nation, tribe or pueblo."