Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports
if they are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).
Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and
attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.
F I S C A L I M P A C T R E P O R T
SPONSOR Smith
ORIGINAL DATE
LAST UPDATED
1/31/2007
2/20/2007 HB
SHORT TITLE Night Sky Protection Act Enforcement
SB 391/a SJC
ANALYST Schuss
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
Unknown Unknown Unknown Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Construction Industries Division of the Regulation and Licensing Department (CID)
Energy, Minerals and Natural Resources Department (EMNRD)
Municipal League (ML)
SUMMARY
Synopsis of SJC Amendment
The amendment proposed by the Senate Judiciary Committee removes language that requires
enforcement of the Night Sky Protection Act through the construction permitting and inspection
processes of the Construction Industries Division of the Regulation and Licensing Department
and each state political subdivision. The bill as amended states that CID and each political
subdivision shall fully enforce the provisions of the Night Sky Protection Act.
CID notes the following:
This change is believed to be an attempt to allow political subdivisions the ability to
enforce the non-construction related requirements of the Night Sky Protection Act using their
law enforcement resources. In other words, the amendment would remove the requirement that
the act could only be enforced through a political subdivision’s building department.
The amendment does not give the State the same flexibility because the bill requires the
Construction Industries Division to enforce the Act and, CID has no law enforcement capability.
The only enforcement capability it has is through its permitting and inspections processes.
pg_0002
Senate Bill 391/a SJC – Page
2
Synopsis of Original Bill
Senate Bill 391 would require full enforcement of the Night Sky Protection Act (NMSA 1978,
Sections 74-12-1 through 11) by the Construction Industries Division of the Regulation and
Licensing Department and each state political subdivision through the construction permitting
and inspection processes.
FISCAL IMPLICATIONS
CID states that they are not currently staffed to conduct an enforcement program for the Night
Sky Protection Act on existing buildings state wide. The cost of such a program could easily
exceed the cost of CID’s investigations and compliance bureau, which investigates complaints
against licensed and unlicensed contractors.
Fiscal Implications to the State Parks Division (SPD) of ENMRD are minimal.
SIGNIFICANT ISSUES
CID lists the following significant issues:
.
The Construction Industries Licensing Act does not give CID jurisdiction over
existing buildings except to the extent they are undergoing new construction (eg.
remodels).
.
The Construction Industries Licensing Act does not give CID jurisdiction over
individuals who are not licensed or certified by CID unless they are engaged in
unlicensed contracting. CID does not currently have jurisdiction to imposed
disciplinary action on individuals who violate the Night Sky Protection Act.
.
Under the Night Sky Protection Act, CID is required to enforce the Act’s
requirements on new construction of public buildings only. This is done through by
permitting and through the inspection of such construction.
According to EMNRD, New Mexico’s growing population and expanding urban areas bring
outdoor lighting that erodes the dark sky resources. Most growth can be accommodated with
minimal impact on the night skies with proper lighting.
PERFORMANCE IMPLICATIONS
SPD and EMNRD would be required to adhere to the provisions of the Act when it comes to new
construction and new outdoor lighting. SPD has been in compliance for several years and would
continue to implement night sky protection measures.
SPD has programs that are based on night skies to attract visitors. SB 391 could have a positive
impact on all SPD performance measures.
pg_0003
Senate Bill 391/a SJC – Page
3
ADMINISTRATIVE IMPLICATIONS
CID is not currently staffed to conduct and enforcement program for the Night Sky Protection
Act on existing buildings statewide.
TECHNICAL ISSUES
CID states that the bill does not specify what “enforcement" means or CID’s intended role with
enforcement.
OTHER SUBSTANTIVE ISSUES
According to CID, they are already enforcing the Night Sky Protection Act. CID has
incorporated the Act’s requirements into its electrical code, NMAC Title 14 Chapter 10 Part 4
(See NMAC 14.10.4.10. H. (4) and requires all new construction on public buildings to comply
with the Act’s requirements. Failure to comply subjects the licensee/contractor to disciplinary
action including fines and/or suspension or revocation of license under the Construction
Industries Act.
ENMRD notes that passage of this bill will enhance astronomy-related scientific research and
enhance astronomy-related tourism generated by protected dark skies.
The Municipal League believes that municipalities should retain their local autonomy when
adopting an ordinance.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
ENMRD states that SPD’s capital and program investments in the parks, such as the Reach for
the Stars program could be at risk if the Night Sky Protection Act is not implemented and
enforced.
BS/nt