Bill > SB391

This bill amends the New Mexico Air Quality Control Act to modify civil penalty provisions for environmental violations. The legislation maintains existing penalties of up to $15,000 per day for violations of air quality regulations and up to $25,000 per day for failing to comply with administrative orders. However, it introduces significant new provisions: civil penalties cannot be based on a permittee's ability to pay, and penalties may be waived in two specific scenarios - when a violation is self-reported and the permittee is actively mitigating environmental damage, or when a violation results from a mechanical malfunction and the permittee can demonstrate proper equipment maintenance and is working to address the environmental impact. The bill also clarifies legal representation for enforcement actions, specifying that the attorney general represents the department, municipal attorneys represent municipalities, and district attorneys represent counties in such cases. Additionally, the bill establishes a five-year statute of limitations for initiating civil penalty actions, starting from the date the violation was known by the department or local agency. The bill is set to take effect on July 1, 2025.

Agriculture and Natural Resources

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=391&year=25