SB 187 LOCAL AIR QUALITY CONTROL AUTHORITY

Sen Linda M. Lopez

Actions: [2] SCC/SCONC/SJC-SCC

Scheduled: Not Scheduled

 Senate Bill 187 (SB 187) eliminates local authority to administer the Air Quality Control Act and repeals Sections 74-2-4 and 74-2-16 NMSA 1978. 
 

 Senate Bill 187 (SB 187) eliminates local authority to administer the Air Quality Control Act (ACQA) by removing the definitions relevant to local authority in Section 74-2-2 NMSA 1978 and exceptions for or mandated inclusions of local authority concerning the Environmental Improvement Board’s jurisdiction under this act. It makes conforming changes in Sections 74-2-5.1, 74-2-5.2, 74-2-6, 74-2-7; 74-2-8, 74-2-9, 74-2-10, 74-2-11, 74-2-11.1, 74-2-12, 74-2-12.1, 74-2-13, and 74-2-14 NMSA 1978. 
It makes technical and clarifying changes as needed throughout these sections of Article 2 in the Air Quality Act and repeals Sections 74-2-4 (Local Authority) and 74-2-16 (Municipal or County Air Quality Permit Fund) NMSA 1978.
It provides for a complete transfer of a local authority, local board or local agency’s functions, orders, permits, equipment, supplies, other property, records, appropriations, money and contractual obligations concerning administration of the Air Quality Control Act to the EIB and Department of Environment. The rules, orders and decisions of a local authority, local board or local agency remain in effect until repealed or amended

SB 187 would be effective 1 July 2024

 

 Local authorities have significant regulatory and enforcement powers under the provisions of the AQCA, powers that are carved out of the EIB’s jurisdiction.