SENATE BILL 91

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Clinton D. Harden

AN ACT

RELATING TO STATE RULES; ENACTING A NEW SECTION OF THE STATE RULES ACT TO SUSPEND THE EFFECTIVENESS OF CERTAIN RULES; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the State Rules Act is enacted to read:

     "[NEW MATERIAL] RECONSIDERATION OF A RULE.--

          A. The following rules filed with the records center and published in the New Mexico register shall be ineffective on the effective date of this section until the agency reconsiders the rule:

                (1) Rules 20.2.350.1 through 20.2.350.400 NMAC, adopted by the environmental improvement board in 2010, which adopt a cap-and-trade program dealing with greenhouse gases;

                (2) Rules 20.2.1, 20.2.2, 20.2.70 and 20.2.72 NMAC, adopted by the environmental improvement board in 2010, which adopt a cap on emissions dealing with greenhouse gases;

                (3) Rules 20.2.88.1 through 20.2.88.112 NMAC, adopted by the environmental improvement board in 2007, which adopt clean car standards for the state;

                (4) Rules 20.11.104.1 through 20.11.104.112 NMAC, adopted by the Albuquerque-Bernalillo county air quality control board in 2007, which adopt clean car standards for Albuquerque and Bernalillo county; and

                (5) Rules 11.1.2.11 and 11.1.2.12 through 11.1.2.13 NMAC, adopted by the labor and industrial commission in 2010, which adopt requirements for establishing prevailing wage and fringe benefit rates for public works projects.

          B. When reconsidering a rule, the agency shall start its rulemaking process from the beginning. If an agency fails to complete this rulemaking process within one hundred eighty days from the date of the effective date of this section, the rule shall remain ineffective and shall be removed from the New Mexico Administrative Code."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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