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SENATE BILL 391
57
TH 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
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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
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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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