HOUSE BILL 218
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
John A. Heaton
AN ACT
RELATING TO ENERGY; REQUIRING BIODIESEL IN MOTOR VEHICLE DIESEL FUELS; AMENDING THE PETROLEUM PRODUCTS STANDARDS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 57-19-27 NMSA 1978 (being Laws 1993, Chapter 98, Section 3) is amended to read:
"57-19-27. DEFINITIONS.--As used in the Petroleum Products Standards Act:
A. "biodiesel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and that meets American society for test and materials specification for biodiesel fuel, B100, blend stock for distillate fuels;
[A.] B. "board" means the board of regents [at] of New Mexico state university;
[B.] C. "dealer" means a dealer as defined by the Special Fuels Suppler Tax Act;
[C.] D. "department" means the New Mexico department of agriculture;
E. "diesel fuel" means any diesel-engine fuel used for the generation of power to propel a motor vehicle;
[D.] F. "director" means the director of the New Mexico department of agriculture;
[E.] G. "distributor" means a distributor as defined by the Gasoline Tax Act;
[F.] H. "lubricating oil" means any oil used to lubricate transmissions, gears or axles;
[G.] I. "motor fuel" means any liquid product used for the generation of power in an internal combustion engine, excluding liquified petroleum gases and aviation fuels;
[H.] J. "motor oil" means oil for use in lubricating internal combustion engines;
[I.] K. "person" means any natural person, firm, partnership, association or corporation;
[J.] L. "petroleum product" means motor fuel, kerosene, lubricating oil, motor oil, anti-freeze or brake fluid; and
[K.] M. "retailer" means any person who sells motor fuel and delivers the motor fuel into the supply tanks of motor vehicles."
Section 2. Section 57-19-28 NMSA 1978 (being Laws 1993, Chapter 98, Section 4) is amended to read:
"57-19-28. DUTIES OF THE BOARD--AUTHORITY OF THE DIRECTOR.--
A. The board [shall be] is responsible for the administration and enforcement of the provisions of the Petroleum Products Standards Act. The board shall adopt rules and regulations necessary to administer and enforce the provisions of that act. The board shall provide public notice and allow public comment on all proposed rules and regulations.
B. The director [shall have the authority to] may:
(1) inspect, investigate, analyze and take appropriate actions to administer and enforce the provisions of the Petroleum Products Standards Act;
(2) enter any commercial premises from which petroleum products are offered for sale during normal business hours. If the premises are not open to the public, the director shall present [his] the director's credentials and enter only with consent from the commercial entity. If no consent is given, the director shall obtain a search warrant;
(3) collect or cause to be collected samples of petroleum products offered for sale and cause such samples to be tested or analyzed to determine if they are in compliance with the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(4) issue and enforce stop-sale, hold and removal orders with respect to a petroleum product kept, offered or exposed for sale in violation of the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(5) require distributors and retailers to retain records pertaining to petroleum product purchases and sales for a period of not more than one year;
(6) maintain and operate a petroleum product testing laboratory to ensure that all petroleum products offered for sale in New Mexico meet standards prescribed in the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(7) issue and enforce stop-use orders for measuring equipment or vehicle tanks that are used commercially and that do not conform to the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act; [and]
(8) delegate to authorized representatives any of the responsibilities for the proper administration of the Petroleum Products Standards Act;
(9) in consultation with the secretary of energy, minerals and natural resources, determine that sufficient amounts of biodiesel are not available to meet the requirements of Section 57-19-29 NMSA 1978 or that the wholesale price per gallon of biodiesel exceeds the wholesale price per gallon of diesel fuel by more than five percent for at least two months and temporarily suspend those requirements for a period of up to six months; and
(10) propose rules to the board that increase the required percentage of biodiesel in diesel fuel not to exceed twenty percent by 2020."
Section 3. Section 57-19-29 NMSA 1978 (being Laws 1993, Chapter 98, Section 5) is amended to read:
"57-19-29. QUALITY STANDARDS.--
A. Unless modified by regulation of the board, the quality standards, tests and methods of conducting analyses on petroleum products manufactured, kept, stored, sold or offered for sale in New Mexico shall be those last adopted and published by the American society for testing and materials or the society of automotive engineers and shall be used to determine compliance with the Petroleum Products Standards Act and regulations adopted pursuant to that act. In the absence of a petroleum product quality standard, test or method from the American society for testing and materials or the society of automotive engineers, the board may adopt a regulation that establishes a quality standard, test or method to conduct analyses on petroleum products.
B. After July 1, 2012, all diesel fuel sold to consumers for use in motor vehicles on the streets and highways of this state shall contain five percent biodiesel, except that this standard may be increased by rule of the board or temporarily suspended by the director in accordance with Section 57-19-28 NMSA 1978."
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