The bill amends the civil penalties associated with violations of the Air Quality Control Act in New Mexico. It establishes that individuals who violate the Act may face a civil penalty of up to $15,000 for each day a violation occurs. Additionally, those who fail to comply with an administrative order may incur a penalty of up to $25,000 per day of noncompliance. Notably, the bill introduces new provisions stating that civil penalties will not be assessed based on a permittee's ability to pay and outlines specific circumstances under which no civil penalty will be imposed, such as when a violation is self-reported or results from a mechanical malfunction, provided the permittee is taking appropriate remedial actions.

Furthermore, the bill clarifies the representation of the department and local authorities in enforcement actions related to the Air Quality Control Act. It specifies that the attorney general will represent the department, while municipal and county authorities will be represented by their respective attorneys. The bill also establishes a five-year limitation on initiating civil penalty actions from the date the violation was known to the relevant authorities. The provisions of this act are set to take effect on July 1, 2025.

Statutes affected:
introduced version: 74-2-12.1