Summary:

 Senate Bill 391 (SB 391) amends civil penalties for violations of the Air Quality Control Act. 

 

Legislation Overview:

 Senate Bill 391 (SB 391) amends civil penalties for violations of the Air Quality Control Act (AQCA)(Section 74-2-12.1 NMSA 1978) by instructing that the amount of a civil penalty is not based on the permittee’s ability to pay. SB 391 does allow for exceptions from the civil penalties under the AQCA if the violation is self-reported and the permittee is taking appropriate action to eliminate or mitigate the environmental damage caused by the violation or if the violation resulted from result of a mishap or mechanical malfunction, as long as the permittee operated and maintained the machinery in accordance with its capacity and with the manufacturer’s recommendations and the permittee is taking appropriate action to eliminate or mitigate the environmental damage caused by the violation.
SB 391 would be effective 1 July 2025.



 

Current Law:

 Section 74-2-12.1 NMSA 1978 does not contain exceptions for payment of civil penalties.