0001| HOUSE BILL 387 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DANICE PICRAUX | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO AIR QUALITY; AMENDING SECTION 74-2-4 NMSA 1978 | 0012| (BEING LAWS 1967, CHAPTER 277, SECTION 4, AS AMENDED) TO | 0013| REQUIRE PERSONS WITH PARKING PERMITS ISSUED BY AN INSTITUTION | 0014| OF HIGHER EDUCATION TO COMPLY WITH PROVISIONS OF A VEHICLE | 0015| EMISSION INSPECTION AND MAINTENANCE PROGRAM IN THE JURISDICTION | 0016| WHERE THE INSTITUTION OF HIGHER EDUCATION IS LOCATED. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 74-2-4 NMSA 1978 (being Laws 1967, | 0020| Chapter 277, Section 4, as amended) is amended to read: | 0021| "74-2-4. LOCAL AUTHORITY.-- | 0022| A. A county or municipality meeting the | 0023| qualifications set forth in Paragraph (1) or (2) of Subsection | 0024| J of Section 74-2-2 NMSA 1978 may assume jurisdiction as a | 0025| local authority by adopting an ordinance providing for the | 0001| local administration and enforcement of the Air Quality Control | 0002| Act. The ordinance shall: | 0003| (1) create a local board to perform, within | 0004| the boundaries of the local authority, those functions | 0005| delegated to the environmental improvement board under the Air | 0006| Quality Control Act, except any functions reserved exclusively | 0007| for the environmental improvement board; | 0008| (2) create a local agency to administer and | 0009| enforce the provisions of the Air Quality Control Act within | 0010| the boundaries of the local authority that shall, within the | 0011| boundaries of the local authority, perform all of the duties | 0012| required of the department and exert all of the powers granted | 0013| to the department, except for those duties and powers reserved | 0014| exclusively for the department; and | 0015| (3) provide for the appointment of a director | 0016| who shall perform for the local authority the same duties as | 0017| required of the secretary under the Air Quality Control Act, | 0018| except the duties and powers reserved exclusively for the | 0019| secretary. | 0020| B. At least a majority of the members of a local | 0021| board shall be individuals who represent the public interest | 0022| and do not derive any significant portion of their income from | 0023| persons subject to or who appear before the local board on | 0024| issues related to the federal act or the Air Quality Control | 0025| Act. | 0001| C. Prior to adopting any ordinance regulating air | 0002| pollution, public hearings and consultations shall be held as | 0003| directed by the local authority adopting the ordinance. The | 0004| provisions of any ordinance shall be consistent with the | 0005| substantive provisions of the Air Quality Control Act and shall | 0006| provide for standards and regulations not lower than those | 0007| required by regulations adopted by the environmental | 0008| improvement board. | 0009| D. Notwithstanding the provisions of Subsection A | 0010| of this section, the environmental improvement board and the | 0011| secretary shall retain jurisdiction and control for the | 0012| administration and enforcement of the Air Quality Control Act | 0013| as determined in that act with respect to any act or failure to | 0014| act, governmental or proprietary, of any local authority that | 0015| causes or contributes to air pollution, including proceeding | 0016| against a local authority as provided in Section 74-2-12 NMSA | 0017| 1978. "Failure to act", as used in this section, includes | 0018| failure to act against any person violating the applicable | 0019| ordinance or regulation adopted pursuant thereto. | 0020| E. Any local authority that is located within a | 0021| transportation-related pollutant nonattainment area or | 0022| maintenance area may provide for a vehicle emission inspection | 0023| and maintenance program for vehicles under twenty-six thousand | 0024| pounds gross vehicle weight powered by a spark-ignited internal | 0025| combustion engine, which program shall be no more stringent | 0001| than that required under the federal act or under federal air | 0002| quality standards. Any two or more local authorities may adopt | 0003| identical rules and regulations necessary to implement the | 0004| vehicle emission inspection and maintenance program, including | 0005| examining the alternatives of public or private operation of | 0006| the program. | 0007| F. Any local authority that has implemented a | 0008| vehicle emission inspection and maintenance program may extend | 0009| the enforcement of that program by entering into joint powers | 0010| agreements with any municipality or county within the | 0011| designated airshed or with the department. | 0012| G. A person who has a parking permit, which is | 0013| issued to him by an institution of higher education, shall | 0014| comply with and be subject to the provisions of any vehicle | 0015| emission inspection and maintenance program in the jurisdiction | 0016| where the institution of higher education is located. | 0017| [G.] H. No tax shall be imposed to fund any | 0018| vehicle emission inspection and maintenance program until the | 0019| local authority has submitted the question of imposition of a | 0020| tax to the registered voters of the local authority and those | 0021| registered voters have approved the imposition of the tax. | 0022| [H.] I. A local authority having a vehicle | 0023| emission inspection and maintenance program shall conduct the | 0024| vehicle emission inspection and maintenance program through a | 0025| decentralized privately owned and operated system unless air | 0001| quality emissions result in automatic implementation of another | 0002| type of program under the terms of a contingency plan required | 0003| and approved by the United States environmental protection | 0004| agency. The local authority shall set the emission inspection | 0005| fee by ordinance. | 0006| [I.] J. A local authority having a vehicle | 0007| emission inspection and maintenance program is authorized to | 0008| adopt rules, regulations and guidelines governing the | 0009| establishment of private vehicle emission inspection and | 0010| maintenance stations. No private vehicle emission inspection | 0011| and maintenance station shall test vehicles unless the station | 0012| possesses a valid permit issued by the local agency. Permit | 0013| fees shall be determined by ordinance of the local authority | 0014| and shall not exceed two hundred dollars ($200) per year per | 0015| station. Additionally, a local authority may charge a permit | 0016| fee of up to thirty-five dollars ($35.00) per year for each | 0017| vehicle emissions mechanic and for each vehicle emissions | 0018| inspector. The imposition of permit fees does not require a | 0019| vote of the registered voters of the local authority." | 0020|  State of New Mexico | 0021| House of Representatives | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| February 5, 1997 | 0003| | 0004| | 0005| Mr. Speaker: | 0006| | 0007| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to | 0008| whom has been referred | 0009| | 0010| HOUSE BILL 387 | 0011| | 0012| has had it under consideration and reports same with | 0013| recommendation that it DO PASS, and thence referred to the | 0014| CONSUMER AND PUBLIC AFFAIRS COMMITTEE. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| James Roger Madalena, Chairman | 0023| | 0024| | 0025| Adopted Not Adopted | 0001| | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date | 0005| | 0006| The roll call vote was 10 For 0 Against | 0007| Yes: 10 | 0008| Excused: Macko, Stewart | 0009| Absent: None | 0010| | 0011| | 0012| G:\BILLTEXT\BILLW_97\H0387 State of New Mexico | 0013| House of Representatives | 0014| | 0015| FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 | 0017| | 0018| | 0019| February 18, 1997 | 0020| | 0021| | 0022| Mr. Speaker: | 0023| | 0024| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to | 0025| whom has been referred | 0001| | 0002| HOUSE BILL 387 | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO PASS, and thence referred to the | 0006| JUDICIARY COMMITTEE. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| Gary King, Chairman | 0015| | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 6 For 1 Against | 0024| Yes: 6 | 0025| No: Johnson | 0001| Excused: Rios, Sandel, Vaughn | 0002| Absent: None | 0003| | 0004| | 0005| G:\BILLTEXT\BILLW_97\H0387 |