NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Jennings

 

DATE TYPED:

03/08/03

 

HB

 

 

SHORT TITLE:

Exempt Prescribed Fires From Air Quality Act

 

SB

711

 

 

ANALYST:

Valenzuela

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Department of Environment

Energy, Minerals and Natural Resources Department

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 711 amends the Air Quality Control Act by exempting prescribed fires conducted by the State Forester (in the Energy, Minerals and Natural Resources Department) from the Act.  This would exempt such prescribed fires from any present or future regulations promulgated by the Environmental Improvement Board or the Albuquerque/Bernalillo County Air Quality Control Board pursuant to the Air Quality Control Act.

 

     Significant Issues

 

Pollutant emissions from prescribed fires can create significant health hazards, and are not exempt from the federal Clean Air Act.  Under the federal Act, the State Implementation Plan (SIP) must include regulations to ensure that federal ambient air quality standards are met.  By removing prescribed fires conducted by the State Forester from regulation under the Air Quality Control Act, SB 711 will jeopardize the state's ability to ensure that federal air quality standards are met.  Since the state statute and current regulation governing such prescribed fires is part of the State Implementation Plan, any change in either will be subject to review and approval by the U.S. Environmental Protection Agency (USEPA).  If USEPA determines that the SIP is inadequate, federal sanctions could result. 

The New Mexico Air Quality Bureau currently regulates the prescribed fire through the open burning regulation (20 NMAC 2.60) and a memorandum of understanding (MOU) with the Federal Land Managers and the State Forestry Division.  The bureau is working with the Federal Land Managers, State Forestry Division and other stakeholders to develop a smoke management plan for the state as required under the newly adopted federal regional haze rule.  Among other things, the smoke management plan will replace the Open Burning regulation and MOU to regulate prescribed fire on public lands and assure that federal ambient air quality standards and visibility requirements are being met.

 

In NMSA 1978, Section 68-2-8, the Forestry Division has discretion to develop methods for the prescribed use of fires on rural lands and within rural communities but not on private, public or federal lands.  As such, decisions to ignite and manage prescribed fires are not generally made by Forestry Division.

 

FISCAL IMPLICATIONS

 

Senate Bill 711 does not contain an appropriation. Its enactment is not expected to have a fiscal impact on a state agency.

 

MFV/sb