HB 276 - New Mexico Air Quality Act Amendments - New Mexico Key Vote

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Title: New Mexico Air Quality Act Amendments

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the Department of Environment to deny or revoke a permit issued pursuant to the Air Quality Control Act based on "bad actor" provisions.

Highlights:

-Authorizes the Department of Environment or local agency to deny any permit application or revoke any permit issued pursuant to the Air Quality Control Act if the applicant or permittee has done any the following (Sec. 1):

    -Knowingly misrepresented a material fact in their application; -Refused to disclose the information required by the provisions of the Air Quality Control Act; -Been convicted of the following within 10 years of application:
      -A felony related to environmental crime; -A crime defined by state or federal statute as involving or being in restraint of trade or price-fixing;
    -Constructed or operated a facility for which a permit is sought without a permit required by the Act, and the emissions from the unauthorized facility exceed the permit requirement by 25 percent of any pollutant; or -Had a permit revoked or permanently suspended for substantial endangerment to the public under any state or federal environmental laws.
-Authorizes the Department of Environment or local agency to consider aggravating and mitigating factors when making a finding regarding permit denial or revocation (Sec. 1). -Requires permit applicants to file a disclosure statement with the Department of Environment with the required information and on a department form (Sec. 1). -Exempts the United States, any agency or instrumentality of the United States, a state, or any agency or political subdivision of a state (Sec. 1).

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