HOUSE BILL 430

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Martin R. Zamora and Harry Garcia

 

 

 

 

 

AN ACT

RELATING TO LOCAL GOVERNMENTS; RESTRICTING LOCAL GOVERNMENTS' AUTHORITY TO REGULATE FUEL RETAILERS AND RELATED TRANSPORTATION INFRASTRUCTURE.

 

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

     SECTION 1. [NEW MATERIAL] EXPRESS PREEMPTION OF FUEL RETAILERS AND RELATED TRANSPORTATION INFRASTRUCTURE.--

          A. A county, municipality, special district or other political subdivision of the state shall not:

                (1) adopt a law, ordinance, regulation, policy or resolution that prohibits the siting, development or redevelopment of a fuel retailer or the related transportation infrastructure that is necessary to provide fuel to a fuel retailer within the entirety of the jurisdictional boundary of the county, municipality, special district or political subdivision;

                (2) adopt or apply a law, ordinance, regulation, policy or resolution that results in the de facto prohibition of a fuel retailer or the related transportation infrastructure that is necessary to provide fuel to a fuel retailer within the entirety of the jurisdictional boundary of the county, municipality, special district or political subdivision; or

                (3) require a fuel retailer to install or invest in a particular kind of fueling infrastructure, including electric vehicle charging stations.

          B. This section does not preempt a county, municipality, special district or other political subdivision of the state from adopting and implementing a law, ordinance, regulation, policy or resolution that is not otherwise inconsistent with general law relating to the siting, development or redevelopment of fuel retailers or related transportation infrastructure necessary for them to provide fuel, if such law, ordinance, regulation, policy or resolution does not result in a de facto prohibition of fuel retailers or related transportation infrastructure necessary to provide fuel to fuel retailers from being sited, developed or redeveloped within zoning or land use classifications where such infrastructure is consistent with other allowable uses.

          C. As used in this section:

                (1) "fuel retailer" means a fuel station or retail establishment that sells fuel to provide power to vehicles; and

                (2) "related transportation infrastructure" means storage tanks, pipelines or any related equipment that is necessary to deliver fuel to a fuel retailer or dispense fuel at a fuel retailer.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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