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HOUSE BILL 328
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Randall T. Pettigrew and Mark B. Murphy
AN ACT
RELATING TO THE ENVIRONMENT; REPEALING PROVISIONS OF LAW
PERTAINING TO THE CLEAN TRANSPORTATION FUEL STANDARD PROGRAM;
PROHIBITING THE ADOPTION OR CONTINUATION OF RULES PROVIDING FOR
A CLEAN TRANSPORTATION FUEL STANDARD; REPEALING SECTION 74-1-18
NMSA 1978 (BEING LAWS 2024, CHAPTER 54, SECTION 4).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 74-1-3 NMSA 1978 (being Laws 1971,
Chapter 277, Section 3, as amended) is amended to read:
"74-1-3. DEFINITIONS.--As used in the Environmental
Improvement Act:
A. "board" means the environmental improvement
board;
[B. "carbon intensity" means the quantity of fuel
lifecycle greenhouse gas emissions per unit of fuel energy,
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expressed in grams of carbon dioxide equivalent per megajoule;
C.] B. "department" or "environmental improvement
department" means the department of environment;
[D. "fuel lifecycle" means an assessment of the
aggregate greenhouse gas emissions based on science-based
models or protocols, including direct emissions and significant
indirect emissions from indirect land use change, all stages of
fuel and feedstock production and distribution, feedstock
generation or extraction through the distribution, delivery and
use of the finished fuel by the consumer, including
consideration of storage, transportation and combustion;
E.] C. "on-site liquid waste system" means a liquid
waste system, or part thereof, serving a dwelling,
establishment or group, and using a liquid waste treatment unit
designed to receive liquid waste followed by either a soil
treatment or other type of disposal system. "On-site liquid
waste system" includes holding tanks and privies but does not
include systems or facilities designed to receive or treat mine
or mill tailings or wastes;
[F.] D. "person" means the state or any agency,
institution or political subdivision thereof, any public or
private corporation, individual, partnership, association or
other entity and includes any officer or governing or managing
body of any political subdivision or public or private
corporation;
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[G.] E. "residential on-site liquid waste system"
means an on-site liquid waste system serving up to four
dwelling units; and
[H.] F. "secretary" means the secretary of
environment [and
I. "transportation fuel" means electricity or a
liquid, gaseous or blended fuel, including gasoline, diesel,
liquefied petroleum gas, natural gas and hydrogen, sold,
supplied, used or offered for sale to power vehicles or
equipment for the purposes of transportation ]."
SECTION 2. Section 74-1-7 NMSA 1978 (being Laws 1971,
Chapter 277, Section 10, as amended) is amended to read:
"74-1-7. DEPARTMENT--DUTIES.--
A. The department is responsible for environmental
management and consumer protection programs. In that respect,
the department shall maintain, develop and enforce rules and
standards in the following areas:
(1) food protection;
(2) water supply, including implementing a
capacity development program to assist water systems in
acquiring and maintaining technical, managerial and financial
capacity in accordance with Section 1420 of the federal Safe
Drinking Water Act of 1974 and establishing administrative
penalties for enforcement;
(3) liquid waste, including exclusive
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authority to collect on-site liquid waste system fees that are
no more than the average charged by the contiguous states to
New Mexico for similar permits and services and to implement
and administer an inspection and permitting program for on-site
liquid waste systems;
(4) air quality management as provided in the
Air Quality Control Act;
(5) radiation control and collection of
license, registration and other related fees as provided in the
Radiation Protection Act;
(6) noise control;
(7) nuisance abatement;
(8) vector control;
(9) occupational health and safety as provided
in the Occupational Health and Safety Act;
(10) sanitation of public swimming pools and
public baths;
(11) plumbing, drainage, ventilation and
sanitation of public buildings in the interest of public
health;
(12) medical radiation, health and safety
certification and standards for radiologic technologists as
provided in the Medical Imaging and Radiation Therapy Health
and Safety Act;
(13) hazardous wastes and underground storage
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tanks as provided in the Hazardous Waste Act; and
(14) solid waste as provided in the Solid
Waste Act [and
(15) carbon intensity of transportation fuels
as provided in Section 4 of this 2024 act, including
registration and related fees ].
B. Nothing in Subsection A of this section imposes
requirements for the approval of subdivision plats in addition
to those required elsewhere by law. Nothing in Subsection A of
this section preempts the authority of any political
subdivision to approve subdivision plats."
SECTION 3. Section 74-1-8 NMSA 1978 (being Laws 1971,
Chapter 277, Section 11, as amended) is amended to read:
"74-1-8. BOARD--DUTIES.--
A. The board is responsible for environmental
management and consumer protection. In that respect, the board
shall promulgate rules and standards in the following areas:
(1) food protection;
(2) water supply, including a capacity
development program to assist water systems in acquiring and
maintaining technical, managerial and financial capacity in
accordance with Section 1420 of the federal Safe Drinking Water
Act of 1974 and rules authorizing imposition of administrative
penalties for enforcement;
(3) liquid waste, including exclusive
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authority to establish on-site liquid waste system fees that
are no more than the average charged by the contiguous states
to New Mexico for similar permits and services and to implement
and administer an inspection and permitting program for on-site
liquid waste systems;
(4) air quality management as provided in the
Air Quality Control Act;
(5) radiation control and establishment of
license and registration and other related fees not to exceed
fees charged by the United States nuclear regulatory commission
for similar licenses as provided in the Radiation Protection
Act;
(6) noise control;
(7) nuisance abatement;
(8) vector control;
(9) occupational health and safety as provided
in the Occupational Health and Safety Act;
(10) sanitation of public swimming pools and
public baths;
(11) plumbing, drainage, ventilation and
sanitation of public buildings in the interest of public
health;
(12) medical radiation, health and safety
certification and standards for radiologic technologists as
provided in the Medical Imaging and Radiation Therapy Health
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and Safety Act;
(13) hazardous wastes and underground storage
tanks as provided in the Hazardous Waste Act; and
(14) solid waste as provided in the Solid
Waste Act [and
(15) carbon intensity of transportation fuels
as provided in Section 4 of this 2024 act ].
B. Nothing in Subsection A of this section imposes
requirements for the approval of subdivision plats in addition
to those required elsewhere by law. Nothing in Subsection A of
this section preempts the authority of any political
subdivision to approve subdivision plats.
C. Administrative penalties collected pursuant to
Paragraph (2) of Subsection A of this section shall be
deposited in the water conservation fund.
D. On-site liquid waste system fees shall be
deposited in the environmental health fund.
E. Radiation license and registration and other
related fees shall be deposited in the radiation protection
fund."
SECTION 4. A new section of the Environmental Improvement
Act is enacted to read:
"[NEW MATERIAL] RULES FOR CLEAN TRANSPORTATION FUEL
STANDARD PROHIBITED.--The board shall not adopt or continue in
effect a rule providing for a clean transportation fuel
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standard."
SECTION 5. REPEAL.--Section 74-1-18 NMSA 1978 (being Laws
2024, Chapter 54, Section 4) is repealed.
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