Summary:

 Senate Bill 9 (SB 9) enhances civil penalties for violation of the Pipeline Safety Act to conform to federal guidelines. 

 

Legislation Overview:

 Senate Bill 9 (SB 9) amends Section 70-3-19 NMSA 1978 by enhancing civil penalties for violation of the Pipeline Safety Act to conform to federal guidelines found in 49 U.S.C. Section 602122 and 49 C.F.R. 190.223..
 

Current Law:

 Section 70-3-19 NMSA 1978 (penalties under the Pipeline Safety Act) allow for civil penalties not to exceed one hundred thousand dollars ($100,000) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any related series of violations.
Online research indicates a recent change in 49 C.F.R. 190.223. so that the daily penalty is two hundred seventy-two thousand nine hundred twenty-six dollars ($272,926) with the maximum civil penalty not to exceed two million seven hundred twenty-nine thousand two hundred forty-five dollars ($2,729,245) for any related series of violations. This section has additional penalties for certain violations.
There may be a mistake on the citation to 49 U.S.C. Section 602122.  In 49 U.S.C. 60122, the individual civil penalty is two hundred thousand dollars ($200,000) for each violation with the maximum civil penalty not to exceed one million dollars ($2,000,000)
 

Amendments:

 2/5/25
The Senate Tax, Business and Transportation Committee amended SB 9 (SB 9A STBTC) by correcting the citation in 49 U.S.C. to 49 U.S.C. 60122.