Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
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Previously issued FIRs and attachments may also be obtained from the LFC
in
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SPONSOR |
Heaton |
DATE TYPED |
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HB |
207 |
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SHORT
TITLE |
Eliminate De Novo Air Quality Hearings |
SB |
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ANALYST |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY04 |
FY05 |
FY04 |
FY05 |
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See Narrative |
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LFC Files
Responses
Received From
Attorney
General’s Office (AGO)
Department
of Transportation (DOT)
Environment
Department (ED)
SUMMARY
Synopsis of Bill
House Bill 207 eliminates de novo public
hearings before the Environmental Improvement Board (EIB) on applications for
air quality control construction, operating permits and draft permits issued by
the ED. Instead, the bill provides an
opportunity for a public hearing before ED.
Then, upon a petition, the EIB may conduct a review of the record
compiled by the ED and allow parties to submit arguments.
In the case of permit appeals considered by a
local air quality control board, that local board shall hold a de novo hearing
on the petition.
The bill directs that appeals of air quality
permits be taken to State District Court instead of the Court of Appeals. Appeals of regulations adopted shall be taken
to the Court of Appeals.
Significant Issues
This bill eliminates duplication of public
hearings. If the EIB reviews the ED’s action on air quality control permits, it
may no longer hold a de novo public hearing, and instead is limited to
reviewing the record compiled before the ED.
Only a “party” could submit arguments to the EIB at this record
review. Any de novo public hearing at
which all interested persons could participate would only be held before the ED.
ED supports the streamlining of the hearing
process, but would like to see an expanded notice for the initial public
evidentiary hearing, since the appeal hearing will be limited to a review of
the record.
HB 207 continues to allow a local air quality
control board to hold de novo hearings on permitting actions, at which all
interested persons, and not just parties, may participate.
ED notes that currently, all appeals of air
quality permits and regulations adopted are taken to the Court of Appeals. This bill will require permit appeals to be
taken to a state district court. It will increase the expenses to the ED to
handle actions all over the State.
FISCAL IMPLICATIONS
HB 207 will greatly reduce the financial burden
of duplicative air permitting hearings on ED.
ED claims they are not provided with sufficient budget to cover the cost
of the initial hearing and a second evidentiary hearing. The costs to ED for the 2000 Intel air permit
appeal hearing were more than $25,000. This does not include costs that the
public and the requestor incurred to present their cases in each hearing.
ADMINISTRATIVE IMPLICATIONS
Elimination of duplicative hearings will have a
positive administrative impact on ED.
Duplicative hearings take staff resources from their core work
assignments which are to issue and oversee air quality permits.
DW/lg