SENATE MEMORIAL 45

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

David Ulibarri

A MEMORIAL

REQUESTING THE ENVIRONMENTAL IMPROVEMENT BOARD TO REJECT CONSIDERATION OF A PETITION TO IMPLEMENT A CAP ON GREENHOUSE GAS EMISSIONS IN NEW MEXICO.

     WHEREAS, the environmental improvement board is now considering a petition to implement a cap on greenhouse gas emissions in New Mexico; and

     WHEREAS, the petition requests the board to cap statewide greenhouse gas emissions at twenty-five percent below 1990 levels by the year 2020, which is a more aggressive reduction than the reductions being considered at the federal level; and

     WHEREAS, if adopted, the cap would apply to all New Mexico entities that require an air permit from the department of environment, including oil and gas producers, refineries, manufacturers, cement and asphalt plants, power plants, universities, military bases, mineral processing operations and numerous others; and

     WHEREAS, no study has been performed on what the economic impact of compliance with the cap to the state would be; and

     WHEREAS, complying with the proposed cap could have a negative impact on the state's economy; and

     WHEREAS, several parties have filed a complaint in the fifth judicial district court seeking a declaratory judgment that the environmental improvement board lacks the statutory authority to consider a petition to implement a cap on greenhouse gas emissions in New Mexico; and

     WHEREAS, while the legislature has delegated authority to the board to issue rules and adopt standards for a number of environmental management programs, it has not granted the board the authority to regulate greenhouse gas emissions without first establishing ambient air quality standards for greenhouse gases; and

     WHEREAS, the United States environmental protection agency has not yet adopted a national ambient air quality standard for greenhouse gases; and

     WHEREAS, because there are no national ambient air quality standards for greenhouse gases and the environmental improvement board has not established state ambient air quality standards for greenhouse gases pursuant to the Air Quality Control Act, the board does not have authority to consider regulation of greenhouse gases as requested in the petition now before it;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the environmental improvement board be requested to reject consideration of the petition to implement a cap on greenhouse gas emissions in New Mexico; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the environmental improvement board and the governor.

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