New Mexico Senate Bill SB109

New Mexico 2022 Regular Session

• Introduced: 1/20/22

Caption

Environmental Violation Civil Penalties

Impact

If enacted, SB109 would have significant implications for entities operating under the aforementioned acts. The increased penalties are designed to better reflect the seriousness of environmental violations, potentially leading to higher compliance rates among businesses and operators. This bill also shifts the culture by showing a zero-tolerance approach towards noncompliance, reinforcing the importance of accountability in environmental stewardship. However, it may also burden smaller operators who could struggle with the heightened financial penalties associated with violations.

Summary

Senate Bill 109 aims to amend several acts related to environmental regulation in New Mexico, specifically the New Mexico Mining Act, the Air Quality Control Act, the Hazardous Waste Act, the Water Quality Act, and the Solid Waste Act. The primary focus of the bill is to increase civil penalties for violations regarding noncompliance and failure to correct such violations, and it adjusts these penalties to account for inflation. The penalty structure, as proposed by the bill, enhances the financial repercussions faced by violators, intending to encourage compliance with environmental regulations and standards.

Contention

Debates surrounding SB109 likely center on the balance between regulatory enforcement and the operational challenges faced by businesses. Proponents argue that the increased penalties are necessary to protect public health and the environment, while opponents may contend that such measures could create financial hardships for smaller companies and lead to adverse economic consequences. Additionally, there may be discussions about the fairness and practicality of enforcing these heightened penalties, with concerns about potential administrative burdens imposed on both regulatory agencies and the entities they oversee.