Summary:

 Senate Bill 139 (SB 139) prohibits the adoption of certain rules relating to the production and delivery for sale of zero-emission vehicles. 

 

Legislation Overview:

 Senate Bill 139 (SB 139) adopts a new section of the Air Quality Control Act (AQCQ) (Section 74-2-1 et seq NMSA 1978) that prohibits certain governmental entities that have jurisdiction over administration and enforcement of the AQCA from restricting, limiting, or prohibiting the use, sale, lease or purchase of vehicles depending on the energy source including those with combustion engines and from establishing a percentage or proportion of vehicles depending on the energy source for that vehicle that must be delivered, sold, used or purchased in the state.

 

Current Law:

 Governor Michelle Lujan Grisham’s Climate Change Executive Order established a state goal to reduce greenhouse gas (GHG) emissions by 45% by 2030. The order includes the Clean Cars New Mexico initiative which centers on adopting stricter emission standards for new cars and trucks offered for sale in the state. 
The low-emission vehicle (LEV) standard requires car manufacturers to offer new passenger cars and trucks in New Mexico that produce fewer greenhouse gases and other harmful air pollutants than vehicles only subject to the federal standard. 
The zero-emission vehicle (ZEV) standard would require manufacturers to offer for sale a minimum number of new, low- and zero-tailpipe emission vehicles (battery-electric vehicles, plug-in hybrid electric vehicles, and hydrogen-fuel-cell vehicles) as a percentage of all new vehicles for sale in the state. Pioneered by California, these LEV/ZEV regulations have been adopted in at least fourteen other states and Washington D.C.