A. A local governing body may receive a construction permit for a gas-fired electric generation facility with a one hundred megawatt or less generating capacity in accordance with the Air Quality Control Act and may transfer the permit to the owner or operator of a facility that meets the specifications of the permit.
B. A facility that receives a construction permit transferred from a local governing body shall notify the department within thirty days of receiving the transferred construction permit. The permit shall be effective for that facility when the department receives notification of the transfer. The local governing body that transfers the construction permit shall notify the owner or operator of the local electric distribution company and the public regulation commission of the permitted project, including its net capacity rating and intended date of service.
C. As used in this section, "local governing body" means the council or other executive body charged with governing a municipality or county.
D. The department may cooperate with and lend assistance to any Indian nation, tribe or pueblo located in the state in developing permitting procedures that fulfill federal environmental protection agency standards and that parallel the state permitting procedures described in Subsections A and B of this section.
History: Laws 2001, ch. 318, § 1.
Effective dates. — Laws 2001, ch. 318 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Section 74-2-3 - Environmental improvement board.
Section 74-2-4 - Local authority.
Section 74-2-5 - Duties and powers; environmental improvement board; local board.
Section 74-2-5.1 - Duties and powers of the department and the local agency.
Section 74-2-5.2 - State air pollution control agency; specific duties and powers of the department.
Section 74-2-6 - Adoption of regulations; notice and hearings.
Section 74-2-9 - Judicial review; administrative actions.
Section 74-2-10 - Emergency powers of the secretary and the director.
Section 74-2-11 - Confidential information.
Section 74-2-11.1 - Limitations on regulations.
Section 74-2-12 - Enforcement; compliance orders; field citations.
Section 74-2-14 - Criminal penalties.
Section 74-2-15 - State air quality permit fund.
Section 74-2-16 - Municipal or county air quality permit fund.
Section 74-2-17 - Continuing effect of existing laws, rules and regulations.