Analysis

Synopsis:

 House Bill 76 (HB 76) amends a section of the Air Quality Control Act to allow the Department of Environment to deny a permit application based on poor compliance history.

Analysis:

 House Bill 76 (HB 76) amends Section 74-2-7 NMSA 1978 of the Air Quality Control Act (AQCA) to allow the Department of Environment (NMED) [(Environmental Improvement Board (EIB)] or a local agency to deny a permit application based on poor compliance history after considering five factors including: knowingly misrepresentation on a permit application; conviction for a felony relating to an environmental crime or one involving restraint of trade, bribery, price fixing and fraud, within the past ten  years; construction of a facility needing a permit under the AQCA without obtaining such a permit and with the plant’s emissions above a certain level; or permit revocation or permanent suspension for cause under federal or any state’s environmental laws. 

HB 76 allows the EIB or the local agency to take into account aggravating and mitigating factors.

It directs the NMED to develop a disclosure form that will be used by an applicant as part of the permit application process.  It exempts the US or its agencies or instrumentalities and a state or any of its agencies or political subdivisions from this disclosure requirement.

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