Sat Mar 8 5:07PM - 13 days, 17 hours left in session
| Sponsors | ||
|---|---|---|
| Sen. Larry R. Scott | 42 | Chaves, Eddy & Lea |
| Sen. James G. Townsend | 34 | Eddy & Otero |
| Sen. David M. Gallegos | 41 | Eddy & Lea |
| Sen. Candy Spence Ezzell | 32 | Chaves & Eddy |
| Status | |||
|---|---|---|---|
| SCONC ❓ | Was scheduled for Feb 22. No vote recorded. Presumed stalled. | ||
| SJC | |||
This is the official nmlegis action history. I'm doing my best to translate the LONG/WEIRD-STRING to something less gibberishy. And before you ask, no, the "Legis Day" number has no mapping to the real world.
Actions: [6] SCONC/SJC-SCONC
| Legis Day | Action | Details |
|---|---|---|
| 6 | referred | SCONC/SJC |
| 6 | sent | SCONC |
This table shows bill actions detected on Ed's system, using heuristics that may not be 100% accurate and which may not reflect the "official" nmlegis chronology. It is probably more than you care to know.
| Feb 14 | filed: [Prefiled by Larry R. Scott et al; not yet on nmlegis] |
| [new] | |
| sent to SCONC | |
| title: '[prefiled by Larry R. Scott Et Al; Not Yet on Nmlegis]' -> 'Air Quality Control Act Civil Penalties' | |
| actions: 'SPREF' -> '[6] SCONC/SJC-SCONC' | |
| new sponsor: Larry R. Scott | |
| new sponsor: James G. Townsend | |
| new sponsor: David M. Gallegos | |
| new sponsor: Candy Spence Ezzell | |
| Feb 20 | scheduled for SCONC on Sat Feb 22, 09:30 |
SENATE BILL 391
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Larry R. Scott and James G. Townsend and David M. Gallegos
and Candy Spence Ezzell
AN ACT
RELATING TO THE ENVIRONMENT; AMENDING CIVIL PENALTIES FOR VIOLATIONS OF THE AIR QUALITY CONTROL ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 74-2-12.1 NMSA 1978 (being Laws 1992, Chapter 20, Section 15, as amended) is amended to read:
"74-2-12.1. CIVIL PENALTY--REPRESENTATION OF DEPARTMENT OR LOCAL AUTHORITY--LIMITATION OF ACTIONS.--
A. A person who violates a provision of the Air Quality Control Act or a regulation, permit condition or emergency order adopted or issued pursuant to that act may be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000) for each day during any portion of which a violation occurs.
B. A person who fails to comply with an administrative order issued pursuant to Section 74-2-12 NMSA 1978 may be assessed, pursuant to a court order, a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.
C. The amount of a civil penalty shall not be assessed based upon the permittee's ability to pay. There shall be no civil penalty if:
(1) the violation is self-reported and the permittee is taking the appropriate action to eliminate, remediate or otherwise mitigate the environmental damage resulting from the permittee's operations; or
(2) the violation is the result of a mishap or mechanical malfunction as long as the permittee is operating the equipment within its rated capacity and can demonstrate a history of maintaining it according to the manufacturer's recommendations and the permittee is taking the appropriate action to eliminate, remediate or otherwise mitigate the environmental damage resulting from the mishap.
[C.] D. In an action to enforce the provisions of the Air Quality Control Act or an ordinance, regulation, permit condition or order, adopted, imposed or issued pursuant to that act:
(1) the department shall be represented by the attorney general;
(2) a local authority that is a municipality shall be represented by the attorney of the municipality; and
(3) a local authority that is a county shall be represented by the district attorney within whose judicial district the county lies.
[D.] E. No action for civil penalty shall be commenced more than five years from the date the violation was known by the department or the local agency."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.
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