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

SPONSOR Nunez

DATE TYPED 3/10/05 HM 59

SHORT TITLE Environmental Improvement Board Open Fires

SB

ANALYST Hadwiger

APPROPRIATION

(in $000s)

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB940, HB984.

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Department of Agriculture (NMDA)

SUMMARY

Synopsis of Bill

House Memorial 59 would request the Environmental Improvement Board (EIB):

1.

consider revising its current regulations pertaining to open burning in New Mexico;

2.

in considering revisions, confer with representatives of the geographic areas that are sub-

stantially affected by the EIB’s open burning regulations and take into account new ideas

and methods of controlling air pollution; and

3.

report its progress in considering these revisions to the appropriate interim legislative

committee by November 1, 2005.

Significant Issues

NMDA indicated that rural citizens are unfairly burdened by existing open burning regulations.

NMED noted that state air quality regulations have restricted open burning of refuse and vegeta-

tive material (weeds, brush, slash, and prescribed burning for land management) since 1970. The

regulations have generated continuing public concern, both from those who viewed them as un-

House Memorial 59 -- Page 2

duly restrictive and those who viewed them as insufficiently stringent or lacking enforcement.

Public concerns have been heightened after recent revisions to the regulations, which placed new

restrictions on some types of open burning, and which necessitated increased public outreach re-

garding open burning.

FISCAL IMPLICATIONS

No fiscal impact.

ADMINISTRATIVE IMPLICATIONS

The air quality bureau will work with stakeholders and potentially go before the board to modify

the 2003 open burning and smoke management rules.

OTHER SUBSTANTIVE ISSUES

HM 59 requires a progress report by November 1, 2005. NMED anticipates that a progress re-

port can be completed by this deadline. However, NMED noted it may be difficult for the rule-

making process to be completed by that date, given the necessity for thorough consultation with

many interested parties throughout the state to develop proposed revisions, and to follow the

statutory requirement for public notice and comment on proposed rulemaking by the EIB.

NMED also noted that any person may recommend or propose regulations to the EIB for adop-

tion [Section 74-2-6 NMSA].

DH/yr