0001| HOUSE BILL 1149
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GARY K. KING
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO THE ENVIRONMENT; PROVIDING FOR ENVIRONMENTAL
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0012| AUDITS; PROVIDING FOR MITIGATION OF PENALTIES FOR VOLUNTARY
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0013| DISCLOSURES ARISING FROM SELF-AUDITS; DECLARING AN EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. SHORT TITLE.--This act may be cited as the
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0017| "Environmental Audit Act".
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0018| Section 2. FINDINGS--PURPOSE.--
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0019| A. The legislature finds that:
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0020| (1) protection of the environment is enhanced
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0021| by voluntary compliance with environmental laws;
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0022| (2) voluntary compliance is fostered by
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0023| self-audit of compliance and by management systems that assure
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0024| compliance; and
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0025| (3) it is in the public interest to encourage
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0001| self-audit of environmental compliance.
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0002| B. The purpose of the Environmental Audit Act is to
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0003| encourage improvements in environmental compliance by providing
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0004| for the mitigation of penalties for violations disclosed in an
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0005| environmental audit report.
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0006| Section 3. DEFINITIONS.--As used in the Environmental
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0007| Audit Act:
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0008| A. "department" means the department of
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0009| environment;
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0010| B. "environmental audit" means a voluntary
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0011| self-evaluation of compliance with any environmental law of:
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0012| (1) a facility by the owner or operator; or
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0013| (2) the operation of a facility by an owner or
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0014| operator;
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0015| C. "environmental audit report" means any
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0016| documentation or communication reporting the results of an
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0017| environmental audit;
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0018| D. "environmental law" means the Environmental
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0019| Improvement Act, the Air Quality Control Act, the Water Quality
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0020| Act, the Ground Water Protection Act, the Environmental
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0021| Compliance Act and the Solid Waste Act; and
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0022| E. "person" means an individual or any legal
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0023| entity.
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0024| Section 4. VOLUNTARY DISCLOSURE.--
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0025| A. The department shall establish regulations that
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0001| provide for mitigation of civil penalties in those
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0002| circumstances when an owner or operator makes a voluntary
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0003| disclosure of a violation of an environmental law to the
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0004| department and requests technical assistance to correct
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0005| deficiencies or operational problems in order to achieve
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0006| compliance, provided the following conditions are met:
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0007| (1) the voluntary disclosure is made within
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0008| ten working days after knowledge of the information disclosed
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0009| is obtained by the owner or operator;
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0010| (2) the owner or operator is the first person
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0011| to make the voluntary disclosure;
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0012| (3) the person submits a specific date and
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0013| schedule for achieving compliance to the department that is
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0014| approved by the department;
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0015| (4) the disclosure is contained in an
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0016| environmental audit report submitted to the department; and
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0017| (5) the person making the disclosure
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0018| cooperates with the department's investigation and with efforts
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0019| to achieve compliance.
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0020| B. The mitigation of penalties granted in
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0021| Subsection A of this section may be withdrawn and civil
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0022| penalties imposed if:
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0023| (1) the disclosure was not voluntary;
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0024| (2) the violation was committed willfully by
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0025| the person making the disclosure;
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0001| (3) the schedule for compliance is not
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0002| maintained; or
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0003| (4) the same or similar violation has not been
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0004| previously reported by the owner or operator.
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0005| C. The department shall establish regulations
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0006| pursuant to Subsection A of this section that provide for
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0007| confidentiality of proprietary information. Nothing in this
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0008| subsection shall be construed to make the audit confidential.
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0009| D. Submission to the department of an environmental
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0010| audit report that does not demonstrate a threat to public
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0011| health or safety shall not be exclusively the basis for denial
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0012| of a permit. The burden of demonstrating that a violation is
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0013| not a threat to public heath or safety is on the owner or
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0014| operator.
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0015| Section 5. EMERGENCY.--It is necessary for the public
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0016| peace, health and safety that this act take effect immediately.
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0017|
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 6, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0006| whom has been referred
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0007|
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0008| HOUSE BILL 1149
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS, and thence referred to the
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0012| JUDICIARY COMMITTEE.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| Gary King, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 6 For 0 Against
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0005| Yes: 6
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0006| Excused: Heaton, Rios, Sandel, Vigil
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0007| Absent: None
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0008|
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0009|
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0010| G:\BILLTEXT\BILLW_97\H1149
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