SB 22 — WATER QUALITY & POLLUTION

w l n] db 18,d i a º e [L.

=r i = 19r t e w d m a ln o (1) any source, the construction of which is id a e r 20 commenced after the publication of proposed regulations a t m m: 21 prescribing a standard of performance applicable to the source;

b e d rs eº 22o ort cn e= s.229483.3SAAIC kJanuary 2330, (2)2025 any(1:33pm) existings sourcek whenm modifiede to- treat4 - e a n be 24d substantialr additionale volumesl oru when[ thereA isd acommenced substantialafter uthe [publication changeof inproposed theregulations characterprescribing a standard of waterperformance contaminantsapplicable treated;to the source;

.229483.3SAor -(2) 4any -existing M.source when modified to treat substantial additional volumes or when there is a substantial change in the character of water contaminants treated;

M.

"sludge" means solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility that is associated with the treatment of these h wastes.

"Sludge" does not mean treated effluent from a g o t hr wastewater treatment plant;

g e i k P.

"substantial adverse environmental impact" means h r i s that an act or omission of the violator causes harm or damage:

h , t, (1) to human beings;

or e u g e b l e e h (2) that amounts to more than ten thousand en td 17d i = = o h dollars ($10,000) damage or mitigation costs to flora, w l n] db 18,d i a º e including agriculture crops;

=r i = 19r t e w d m a ln o waterfowl or other birds;

livestock or wildlife or damage to id am e: r 20 their habitats;

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 5 - e a n e d r e l u [ A d their habitats;

or the lands of a t m m 21 the state;

d r e 22 Q.

"federal act" means the Federal Water Pollution c e s k 23 Control Act, its subsequent amendment and successor provisions;

e a n b 24 R.

"standards of performance" means any standard, u [ effluent limitation or effluent standard adopted pursuant to .229483.3SA - 5 - the federal act or the Water Quality Act;

"department" means the department of h environment;

u » r F.

"facility" means all contiguous land, and t h g e l i structures, other appurtenances and improvements on the land, h r i s including any building, installation, equipment, pipe or h , e h pipeline, including any pipe into a sewer or publicly owned t u g e b l e e , gh treatment works, well, pit, pond, lagoon, impoundment, ditch, en td 17d i = = o h landfill, storage container, motor vehicle, rolling stock or w l n] db 18,d i a º r aircraft, or any site or area where a water contaminant has =e r = 19t e w d m a ln o been, is currently or is proposed to be managed, treated, id a e r 20 deposited, stored, disposed of or placed or otherwise come to a t m m: 21 be located;

b r e t º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 6 - e a n e d r e 22l G.u [ A d deposited, stored, disposed of or placed or otherwise come to be located;

"federalG. act" means the Federal Water Pollution c e s k 23 Control Act, its subsequent amendment and successor provisions;

e"federal aact" nmeans bthe 24Federal H.Water Pollution Control Act, its subsequent amendment and successor provisions;

"generalH. permit" means a permit that applies to u [ one or more categories or subcategories of discharges, sludge .229483.3SA - 6 - use or disposal practices or facilities within a geographic area, including the state or a region, basin or watershed in the state;

"general permit" means a permit that applies to one or more categories or subcategories of discharges, sludge use or disposal practices or facilities within a geographic area, including the state or a region, basin or watershed in the state;

"gray water" means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include h wastewater from kitchen sinks or dishwashers or laundry water u » r from the washing of material soiled with human excreta, such as t h g e l i diapers;

h r i s K.

h , e h (1) any source, the construction of which is t u g e b l e e , gh commenced after the publication of proposed rules prescribing a en td 17d i = = o h standard of performance applicable to the source;

or w l n] db 18,d i a º r (2) an existing source when modified to treat =e r = 19t e w d m a ln o substantial additional volumes or when there is a substantial id am e: r 20 change in the character of water contaminants treated;

ab r e t mº o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m 21e L.- 7 - e a n e d r e l u [ A d change in the character of water contaminants treated;

"pathogen"L. means a microorganism capable of d r e 22 causing illness in humans;

c"pathogen" emeans sa kmicroorganism 23capable M.of causing illness in humans;

"person"M. means an individual or other entity, e a n b 24 including partnerships, corporations, associations, a u [ responsible business or association agents or officers, the .229483.3SA - 7 - state or a political subdivision of the state or an agency, a department or an instrumentality of the United States and any of its officers, agents or employees;

"person" means an individual or other entity, including partnerships, corporations, associations, a responsible business or association agents or officers, the state or a political subdivision of the state or an agency, a department or an instrumentality of the United States and any of its officers, agents or employees;

h P.

"septage" means the residual wastes and water u » r periodically pumped from a liquid waste treatment unit or t h g e l i holding tank for maintenance or disposal purposes;

h r i s Q.

"sewer system" means pipelines, conduits, h , e h pumping stations, force mains or other structures, devices, t u g e b l e e , gh appurtenances or facilities used for collecting or conducting en td 17d i = = o h wastes to an ultimate point for treatment or disposal;

w l n] db 18,d i a º r R.

"sewerage system" means a system for disposing =e r = 19t e w d m a ln o of wastes, either by surface or underground methods, and id a e r 20 includes sewer systems, treatment works, disposal wells and a t m m: 21 other systems;

b r e t º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 8 - e a n e d r e 22l S.u [ A d includes sewer systems, treatment works, disposal wells and other systems;

"sludge"S. means solid, semi-solid or liquid waste c e s k 23 generated from a municipal, commercial or industrial wastewater e a n b 24 treatment plant, a water supply treatment plant or an air u [ pollution control facility that is associated with the .229483.3SA - 8 - treatment of these wastes.

"sludge" means solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, a water supply treatment plant or an air pollution control facility that is associated with the treatment of these wastes.

"substantial adverse environmental impact" means h that an act or omission of the violator causes harm or damage:

g o t hr (1) to human beings;

or g e i k (2) that amounts to more than ten thousand h r i s dollars ($10,000) damage or mitigation costs to flora, h , t, including agriculture crops;

e u g e b l e e h waterfowl or other birds;

livestock or wildlife or damage to en td 17d i = = o h their habitats;

or the lands of w l n] db 18,d i a º e the state;

=r i = 19r t e w d m a ln o W.

"treatment works" means a plant or other works id a e r 20 used for the purpose of treating, stabilizing or holding a t m m: 21 wastes;

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 9 - e a n e d r e 22l X.u [ A d used for the purpose of treating, stabilizing or holding wastes;

"wastes"X. means sewage, industrial wastes or c e s k 23 other liquid, gaseous or solid substances that may pollute the e a n b 24 waters of the state;

u"wastes" [means Y.sewage, industrial wastes or other liquid, gaseous or solid substances that may pollute the waters of the state;

"water"Y. means all water, including water .229483.3SA - 9 - situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

"water" means all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

and h AA.

"water pollution" means introducing or u » r permitting the introduction into water, either directly or t h g e l i indirectly, of one or more water contaminants in a quantity and h r i s duration as may with reasonable probability injure human h , e h health, animal or plant life or property or to unreasonably t u g e b l e e , gh interfere with the public welfare or the use of property." en td 17d i = = o h SECTION 2.

Section 74-6-4 NMSA 1978 (being Laws 1967, w l n] db 18,d i a º r Chapter 190, Section 4, as amended) is amended to read:

=e r = 19t e w d m a ln o "74-6-4.

DUTIES AND POWERS OF COMMISSION.--The id am e: r 20 commission:

ab r e t mº o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m 21e A.- 10 - e a n e d r e l u [ A d commission:

mayA. accept and supervise the administration of d r e 22 loans and grants from the federal government and from other c e s k 23 sources, public or private, which loans and grants shall not be e a n b 24 expended for [other than the] purposes [for which] other than u [ those provided;

.229483.3SAmay -accept 10and -supervise B.the administration of loans and grants from the federal government and from other sources, public or private, which loans and grants shall not be expended for [other than the ] purposes [for which] other than those provided;

B.

shall not adopt or promulgate a standard or [regulation][regulation ] rule that exceeds a grant of rulemaking authority listed in the statutory section of the Water Quality Act authorizing the standard or [regulation][regulation ] rule;

The standards shall include narrative standards and, as h appropriate, the designated uses of the waters and the water g o t hr quality criteria necessary to protect such uses.

The standards g e i k shall at a minimum protect the public health or welfare, h r i s enhance the quality of water and serve the purposes of the h , t, Water Quality Act.

In making standards, the commission shall e u g e b l e e h give weight it deems appropriate to all facts and en td 17d i = = o h circumstances, including the use and value of the water for w l n] db 18,d i a º e water supplies, propagation of fish and wildlife, recreational =r i = 19r t e w d m a ln o purposes and agricultural, industrial and other purposes;

id am e: r 20 E.

shallb adopte [promulgated ands publishº regulations]o a t mn m= 21.229483.3SAAIC rulesJanuary to30, prevent2025 or(1:33pm) abate water pollution in the state or in d r e 22 any specific geographic area, aquifer or watershed of the state c e s k 23m ore in- any11 part- thereof, or for any class of waters, and to e a n be 24d governr thee disposall of septage and sludge and the use of sludge u [ forA variousd beneficialE. purposes.

Theshall [regulations]adopt rules[promulgate .229483.3SAand -publish 11regulations] -rules governingto theprevent disposalor ofabate septagewater andpollution sludgein maythe includestate theor usein ofany trackingspecific andgeographic permittingarea, systemsaquifer or otherwatershed reasonableof meansthe necessarystate toor assurein thatany septagepart andthereof, sludgeor arefor designatedany forclass disposalof in,waters, and arriveto at,govern disposal facilities, other than facilities on the premisesdisposal whereof the septage and sludge isand generated, for which a permit or other authorization has been issued pursuant to the federaluse actof orsludge thefor Watervarious Qualitybeneficial Act.purposes.

[Regulations]The Rules[regulations ] rules governing the disposal of septage and sludge may specifyinclude athe standarduse of performancetracking forand newpermitting sourcessystems or other reasonable means necessary to assure that reflectsseptage theand greatestsludge reductionare indesignated thefor concentrationdisposal ofin, waterand contaminantsarrive thatat, thedisposal commissionfacilities, determinesother tothan befacilities achievableon throughthe applicationpremises ofwhere the bestseptage availableand demonstratedsludge controlis technology,generated, processes,for operatingwhich methodsa permit or other alternatives,authorization includinghas wherebeen practicableissued apursuant standardto permittingthe nofederal dischargeact ofor pollutants.the Water Quality Act.

The[Regulations] rulesRules governingmay thespecify preventiona orstandard abatement of waterperformance pollutionfor shallnew includesources provisionsthat forreflects the responsiblegreatest partyreduction ein tthe 17concentration and defenses of thewater responsiblecontaminants party that arethe equivalenth commission determines to wbe lachievable nthrough dapplication 18of andu no» lessr stringentthe thanbest federalavailable regulationsdemonstrated adoptedcontrol pursuanttechnology, =processes, =t 19h ag e l toi theoperating federalmethods Comprehensiveor Environmentalother Response,alternatives, iincluding awhere eh r 20i Compensation,s andpracticable Liabilitya Actstandard permitting no discharge of 1980.pollutants.

Inh making, ae h The rules governing the prevention or abatement of water t mu mg 21e [regulations]b rules,l thee commissione , gh pollution shall giveinclude weightprovisions itfor deemsthe responsible party n d d i = = o h and defenses of the responsible party that are equivalent to l ] b ,d i a º r and no less stringent than federal regulations adopted pursuant e 22r appropriate= t e w d m a n o to allthe relevantfederal factsComprehensive andEnvironmental circumstances,Response, including:d m :

cb r e st kº 23o (1)t then character= and.229483.3SAAIC degreeJanuary of30, injury2025 to(1:33pm) ors k m e - 12 - e a n be 24d interferencer withe health,l welfare,u environment[ A d Compensation, and property;Liability Act of 1980.

uIn [making (2)[regulations the] publicrules, interest, including the socialcommission .229483.3SAshall -give 12weight -it anddeems economicappropriate valueto ofall therelevant sourcesfacts ofand watercircumstances, contaminants;including:

(1) the character and degree of injury to or interference with health, welfare, environment and property;

(2) the public interest, including the social and economic value of the sources of water contaminants;

(5) feasibility of a user or a subsequent user h treating the water before a subsequent use;

g o t hr (6) property rights and accustomed uses;

and g e i k (7) federal water quality requirements;

h r i s F.

shall assign responsibility for administering h , t, its [regulations][regulations ] rules to constituent agencies [so as] to e u g e b l e e h assure adequate coverage and prevent duplication of effort.

To en td 17d i = = o h this end, the commission may make such classification of waters w l n] db 18,d i a º e and sources of water contaminants as will facilitate the =r i = 19r t e w d m a ln o assignment of administrative responsibilities to constituent id am e: r 20 agencies.

Theb commissione shalld alsos hearº ando decidet disputesn a= t.229483.3SAAIC mJanuary m30, 212025 between(1:33pm) constituents agenciesk asm toe jurisdiction- concerning13 d- r e 22a [any]n matterse withind ther purposee ofl theu Water[ QualityA Act.d agencies.

InThe ccommission eshall salso khear 23and assigningdecide responsibilitiesdisputes tobetween constituent agencies,agencies theas eto ajurisdiction nconcerning b[any] 24matters commissionwithin shall give priority to the primarypurpose interests of the uWater [Quality constituentAct. agencies.

TheIn departmentassigning [ofresponsibilities environment]to shallconstituent .229483.3SAagencies, -the 13commission -shall providegive technicalpriority services, including certification of permits pursuant to the federalprimary act,interests and shall maintain a repository of the scientificconstituent dataagencies. required by the Water Quality Act;

The department [of environment ] shall provide technical services, including certification of permits pursuant to the federal act, and shall maintain a repository of the scientific data required by the Water Quality Act;

may grant an individual variance from [any regulation] a rule of the commission whenever it is found that h compliance with the [regulation][regulation ] rule will impose an g o t hr unreasonable burden upon any lawful business, occupation or g e i k activity.

The commission may only grant a variance conditioned h r i s upon a person effecting a particular abatement of water h , t, pollution within a reasonable period of time.

[Any] A variance e u g e b l e e h shall be granted for the period of time specified by the en td 17d i = = o h commission.

The commission shall adopt [regulations][regulations ] rules w l n] db 18,d i a º e specifying the procedure under which variances may be sought, =r i = 19r t e w d m a ln o which [regulations][regulations ] rules shall provide for the holding of a id am e: r 20 public hearing before [any] a variance may be granted;

ab e d s º o t mn = .229483.3SAAIC January 30, 2025 (1:33pm) s k m 21e I.- 14 - e a n e d r e l u [ A d public hearing before [any] a variance may be granted;

mayI. adopt [regulations] rules to require the d r e 22 filing with [it] the commission or a constituent agency of c e s k 23 proposed plans and specifications for the construction and e a n b 24 operation of new sewer systems, treatment works or sewerage u [ systems or extensions, modifications of or additions to new or .229483.3SA - 14 - existing sewer systems, treatment works or sewerage systems.

may adopt [regulations ] rules to require the filing with [it ] the commission or a constituent agency of proposed plans and specifications for the construction and operation of new sewer systems, treatment works or sewerage systems or extensions, modifications of or additions to new or existing sewer systems, treatment works or sewerage systems.

may adopt [regulations][regulations ] rules requiring notice to [it] the commission or a constituent agency of intent to introduce or allow the introduction of water contaminants into waters of the state;

h K.

shall specify in [regulations][regulations ] rules the g o t hr measures to be taken to prevent water pollution and to monitor g e i k water quality.

The commission may adopt [regulations][regulations ] rules h r i s for particular industries.

The commission shall adopt [regulations]h , t, [regulations ] rules for the dairy industry and the copper e u g e b l e e h industry.

The commission shall consider, in addition to the en td 17d i = = o h factors listed in Subsection E of this section, the best w l n] db 18,d i a º e available scientific information.

The [regulations] rules may =r i = 19r t e w d m a ln o include variations in requirements based on site-specific id a e r 20 factors, such as depth and distance to ground water and a t m m: 21 geological and hydrological conditions.

Theb constituente agency d rs eº 22o shallt establishn an= advisory.229483.3SAAIC committeeJanuary composed30, of2025 persons(1:33pm) with c e s k 23m knowledgee and- expertise15 particular- to the industry category and e a n be 24d otherr interestede stakeholdersl to advise the constituent agency u [ onA appropriated [regulations]factors, rulessuch toas bedepth proposedand fordistance adoptionto .229483.3SAground -water 15and -geological byand thehydrological commission.conditions.

The [regulations]constituent rulesagency shall beestablish developedan andadvisory adoptedcommittee incomposed accordanceof persons with aknowledge scheduleand approvedexpertise particular to the industry category and other interested stakeholders to advise the constituent agency on appropriate [regulations ] rules to be proposed for adoption by the commission.

The [regulations ] rules shall be developed and adopted in accordance with a schedule approved by the commission.

may adopt [regulations][regulations ] rules establishing pretreatment standards that prohibit or control the introduction into publicly owned sewerage systems of water contaminants that are not susceptible to treatment by the treatment works or that would interfere with the operation of the treatment works;

h M.

shall not require a permit respecting the use of g o t hr water in irrigated agriculture, except in the case of the g e i k employment of a specific practice in connection with [such][such ] the h r i s irrigation that documentation or actual case history has shown h , t, to be hazardous to public health or the environment or for the e u g e b l e e h use of produced water;

en td 17d i = = o h N.

shall not require a permit for applying less w l n] db 18,d i a º e than two hundred fifty gallons per day of private residential =r i = 19r t e w d m a ln o gray water originating from a residence for the resident's id am e: r 20 household gardening, composting or landscape irrigation if:

ab te md ms 21º (1)o at constructedn gray= water.229483.3SAAIC distributionJanuary d30, r2025 e(1:33pm) 22s systemk providesm fore overflow- into16 the- sewere systema orn on-sitee cd r e sl ku 23[ wastewaterA treatmentd andhousehold disposalgardening, system;composting or landscape irrigation if:

e(1) a nconstructed b 24 (2) a gray water storagedistribution tanksystem isprovides coveredfor tooverflow uinto [the restrictsewer accesssystem and to eliminate habitat for mosquitos or otheron-site .229483.3SAwastewater -treatment 16and -disposal vectors;system;

(2) a gray water storage tank is covered to restrict access and to eliminate habitat for mosquitos or other vectors;

(7) gray water is applied in a manner that h minimizes the potential for contact with people or domestic g o t hr pets;

g e i k (8) ponding is prohibited, application of gray h r i s water is managed to minimize standing water on the surface and h , t, to ensure that the hydraulic capacity of the soil is not e u g e b l e e h exceeded;

en td 17d i = = o h (9) gray water is not sprayed;

w l n] db 18,d i a º e (10) gray water is not discharged to a =r i = 19r t e w d m a ln o watercourse;

and id a e r 20 (11) gray water use within municipalities or a t m m: 21 counties complies with all applicable municipal or county d r e 22 ordinances enacted pursuant to Chapter 3, Article 53 NMSA 1978;

cb e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k 23m O.e - 17 - e a n e d r e l u [ A d (11) gray water use within municipalities or counties complies with all applicable municipal or county ordinances enacted pursuant to Chapter 3, Article 53 NMSA 1978;

shallO. coordinate application procedures and e a n b 24 funding cycles for loans and grants from the federal u [ government and from other sources, public or private, with .229483.3SA - 17 - the local government division of the department of finance and administration pursuant to the New Mexico Community Assistance Act;

shall coordinate application procedures and funding cycles for loans and grants from the federal government and from other sources, public or private, with the local government division of the department of finance and administration pursuant to the New Mexico Community Assistance Act;

shall adopt [regulations][regulations ] rules to be administered by the department [of environment]environment ] for the discharge, handling, transport, storage, recycling or treatment for the disposition of treated produced water, including disposition in road construction maintenance, roadway ice or dust control or other construction, or in the application of treated produced water to land, for activities unrelated to the h exploration, drilling, production, treatment or refinement of g o t hr oil or gas;

[and][and ] g e i k Q.

[may] shall adopt [regulations] rules to be h r i s administered by the department [of environment]environment ] for surface h , t, water discharges, including discharges of dredged or fill e u g e b l e e h materials.

In making the rules, the commission shall give en td 17d i = = o h weight the commission deems appropriate to relevant facts and w l n] db 18,d i a º e circumstances, including those identified in Subsection E of =r i = 19r t e w d m a ln o this section.

For discharges of dredged or fill material, the id a e r 20 rules shall prioritize avoidance and minimization of adverse a t m m: 21 impacts to wetlands, streams and other aquatic resources and d r e 22 may require compensatory mitigation for unavoidable adverse c e s k 23 impacts that remain after appropriate and practicable avoidance e a n b 24 and minimization measures have been achieved;

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 18 - e a n e d r e l u [ R.A d rules shall prioritize avoidance and minimization of adverse impacts to wetlands, streams and other aquatic resources and may require compensatory mitigation for unavoidable adverse impacts that remain after appropriate and practicable avoidance and minimization measures have been achieved;

shallR. adopt rules to be administered by the .229483.3SA - 18 - department for state-led response, investigation and remediation of water pollution and contamination in soil and soil vapor for the protection of human health and the environment;

shall adopt rules to be administered by the department for state-led response, investigation and remediation of water pollution and contamination in soil and soil vapor for the protection of human health and the environment;

shall adopt rules to be administered by the department to govern the transfer and use of treated SCONCºdomestic»SCONC wastewater for potable reuse.

The rules may specify a standard of performance, including log reduction for pathogen removal, critical control points, barriers and the greatest reduction in the concentration of water contaminants h and pathogens that the commission determines to be achievable u » r through application of the best available demonstrated control t h g e l i technology, processes, operating methods or other alternatives, h r i s including, where practicable, a standard permitting no risk to h , e h human health.

The rules governing the potable reuse of t u g e b l e e , gh wastewater may include the use of existing permitting systems n d d i = = o h or create new permitting e t 17 rules that include the means necessary tol assure] thatb potable,d wi la nº dr 18to assure that potable reuse projects are conducted in a manner thate isr directly = =t 19e w d m a ln o that is directly protective of human health." id am e: r 20 SECTION 3.

Sectionb 74-6-5r NMSAe 1978t (beingº Lawso 1973,t an t= m.229483.3SAAIC January 30, 2025 (1:33pm) s k m 21e Chapter- 326,19 Section- 4,e asa amended)n ise amendedd tor read:e l u [ A d SECTION 3.

dSection r74-6-5 eNMSA 221978 "74-6-5.(being Laws 1973, Chapter 326, Section 4, as amended) is amended to read:

PERMITS--CERTIFICATION--APPEALS"74-6-5. TO COMMISSION.-- c e s k 23 A.

ByPERMITS--CERTIFICATION--APPEALS [regulation]TO rule,COMMISSION.-- theA. commission may require e a n b 24 [persons] a person to obtain from a constituent agency u [ designated by the commission a permit or general permit .229483.3SA - 19 - coverage for the discharge of [any] a water contaminant or for the disposal or reuse of septage or sludge.

By [regulation] rule, the commission may require [persons] a person to obtain from a constituent agency designated by the commission a permit or general permit coverage for the discharge of [any] a water contaminant or for the disposal or reuse of septage or sludge.

The commission shall adopt [regulations][regulations ] rules establishing procedures for certifying federal water quality permits.

The commission shall by [regulation][regulation ] rule set h the dates upon which applications for permits shall be filed g o t hr and designate the time periods within which the constituent g e i k agency shall, after the filing of an administratively complete h r i s application for a permit, either grant the permit, grant the h , t, permit subject to conditions or deny the permit.

The e u g e b l e e h constituent agency has the burden of showing that each en td 17d i = = o h condition is reasonable and necessary to ensure compliance with w l n] db 18,d i a º e the Water Quality Act and applicable [regulations][regulations ] rules, =r i = 19r t e w d m a ln o considering site-specific conditions.

After [regulations][regulations i] ad e r 20 rules have been adopted for a particular industry, permits for a t m m: 21 facilities in that industry shall be subject to conditions d r e 22 contained in the [regulations] rules.

Additionalb conditionse ond cs eº so kt 23n a= final.229483.3SAAIC permitJanuary may30, be2025 imposed(1:33pm) ifs thek applicantm ise provided- with20 - e a n be 24d anr opportunitye tol review and provide comments in writing on the u [ draftA permitd conditionsrules andhave tobeen receiveadopted for a writtenparticular explanationindustry, ofpermits .229483.3SAfor -facilities 20in -that theindustry reasonsshall forbe thesubject to conditions fromcontained in the constituent[regulations agency.] rules.

Additional conditions on a final permit may be imposed if the applicant is provided with an opportunity to review and provide comments in writing on the draft permit conditions and to receive a written explanation of the reasons for the conditions from the constituent agency.

The constituent agency shall deny [any][any ] an application for a permit or request for general permit coverage or deny the certification of a federal water quality permit if:

(2) [any][any ] a provision of the Water Quality Act would be violated;

(3) the discharge would cause or contribute to h water contaminant levels in excess of [any][any ] a state or federal g o t hr standard.

Determination of the discharge's effect on ground g e i k water shall be measured at [any][any ] a place of withdrawal of water h r i s for present or reasonably foreseeable future use.

h , t, Determination of the discharge's effect on surface waters shall e u g e b l e e h be measured at the point of discharge;

[or][or e] tn 17d d i = = o h (4) the surface water discharge would cause or w l n] db 18,d i a º e contribute to water contaminant levels in excess of a =r i = 19r t e w d m a ln o downstream state or tribal water quality standard;

or id a e r 20 [(4)] (5) the applicant has, within the ten a t m m: 21 years immediately preceding the date of submission of the d r e 22 permit application or request for general permit coverage:

cb e d s kº 23o (a)t knowinglyn misrepresented= a.229483.3SAAIC materialJanuary 30, 2025 (1:33pm) s k m e - 21 - e a n be 24d factr ine anl applicationu for[ aA d [(4)] (5) the applicant has, within the ten years immediately preceding the date of submission of the permit application or request for general u [ permit coverage;coverage :

.229483.3SA(a) -knowingly 21misrepresented -a (b)material refusedfact orin failedan toapplication disclosefor [any]a informationpermit requiredor [under]request pursuantfor togeneral thepermit Watercoverage; Quality Act;

(b) refused or failed to disclose [any ] information required [under ] pursuant to the Water Quality Act;

(d) been convicted of a felony in [any][any ] court for [any][any ] a crime defined by state or federal law as being a restraint of trade, price-fixing, bribery or fraud;

(e) exhibited a history of willful disregard for environmental laws of [any][any ] a state or the United States;

or h (f) had an environmental permit revoked g o t hr or permanently suspended for cause under [any][any ] environmental g e i k laws of [any][any ] a state or the United States.

h r i s F.

The commission shall by [regulation][regulation ] rule h , t, develop procedures that ensure that the public, affected e u g e b l e e h governmental agencies, Indian nations, tribes and pueblos and en td 17d i = = o h any other state whose water may be affected shall receive w l n] db 18,d i a º e notice of each [application for issuance, renewal or =r i = 19r t e w d m a ln o modification of a] draft permit.

Public notice shall include id a e r 20 the following, except that for a general permit, Paragraphs (1) a t m m: 21 and (3) of this subsection shall not be required:

b e d rs º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 22 (1)- [fore issuancea orn modificatione ofd r e l u [ A d the following, except that for a permit:general permit, Paragraphs (1) and (3) of this subsection shall not be required:

c(1) e[for sissuance k 23 (a)] notice [by mail] to adjacent and nearby landowners using e a n b 24 postal or electronicmodification mail,of text messages or a combinationpermit: of u [ these methods;

.229483.3SA(a)] -notice 22[by -mail] (2) notice to potentiallyadjacent affected local, state and federalnearby [governments]landowners governmentusing agencies,postal landor grantelectronic organizations,mail, ditchtext associationsmessages andor Indiana nations,combination tribesof [or]these andmethods; pueblos using postal or electronic mail;

(2) notice to potentially affected local, state and federal [governments ] government agencies, land grant organizations, ditch associations and Indian nations, tribes [or] and pueblos using postal or electronic mail;

[and (c) a display advertisement in English and Spanish]Spanish ] (4) notice to the general public and others whom the commission deems appropriate using one or more reasonable and appropriate methods, such as electronic mail to h persons who have requested notification, social media posts, g o t hr radio announcements or advertisements in a newspaper of general g e i k circulation in the location of the discharge or proposed h r i s discharge;

[provided, however, that the advertisement shall not h , t, be displayed in the classified or legal advertisement sections] ande u g e tb 17l e e h and n d d i = = o h [(2) for issuance of renewals of permits:

w l n] db 18,d i a º e (a) notice by mail to the interested =r i = 19r t e w d m a ln o public, municipalities, counties, land grant organizations, id am e: r 20 ditch associations and Indian nations, tribes or pueblos;

andb ae td ms mº 21o (b)t an display= advertisement.229483.3SAAIC inJanuary English30, d2025 r(1:33pm) s k m e 22- and23 Spanish- ine a newspapern ofe generald circulationr ine thel cu e[ sA kd 23ditch locationassociations ofand theIndian discharge;nations, tribes or pueblos;

provided,and however,(b) that the e a ndisplay b 24 advertisement shallin notEnglish beand displayedSpanish in thea classifiednewspaper or legal u [ advertisement sections] .229483.3SA - 23 - (5) consideration of thegeneral languagescirculation spokenin by and the communicationlocation methods accessible to the intended recipients of the publicdischarge; notice.

provided, however, that the advertisement shall not be displayed in the classified or legal advertisement sections] (5) consideration of the languages spoken by and the communication methods accessible to the intended recipients of the public notice.

No ruling shall be made on [any application for]for ] a draft permit without opportunity for a public hearing at which all interested persons shall be given a reasonable chance to submit evidence, data, views or arguments orally or in writing and to examine witnesses testifying at the hearing.

[Any] A person submitting evidence, data, views or arguments shall be subject to h examination at the hearing.

g o t hr H.

The commission may adopt [regulations][regulations ] rules for g e i k the operation and maintenance of the permitted facility, h r i s including requirements, as may be necessary or desirable, that h , t, relate to continuity of operation, personnel training and e u g e b l e e h financial responsibility, including financial responsibility en td 17d i = = o h for corrective action.

w l n] db 18,d i a º e I.

Permits shall be issued for fixed terms [not to =r i = 19r t e w d m a ln o exceed] of five years, except that surface water permits may be id am e: r 20 issued for fixed terms of up to ten years.

Forb newe discharges,d as tº mo mt 21n the= term.229483.3SAAIC ofJanuary the30, permit2025 shall(1:33pm) commences onk them datee the- discharge24 d- r e 22a begins,n bute ind nor evente shalll theu term[ ofA thed permitissued exceedfor cfixed eterms sof kup 23to seventen yearsyears. from the date the permit was issued.

eFor anew ndischarges, bthe 24term J.of the permit shall commence on the date the discharge begins, but in no event shall the term of the permit exceed seven years from the date the permit was issued.

ByJ. [regulation] rule, the commission may impose u [ reasonable conditions upon permits requiring permittees to:

.229483.3SABy -[regulation] 24rule, -the (1)commission install,may useimpose andreasonable maintainconditions [effluent]upon monitoringpermits devices;requiring permittees to:

(1) install, use and maintain [effluent ] monitoring devices;

(4) provide [any][any ] other information relating h to the discharge or direct or indirect release of water g o t hr contaminants;

and g e i k (5) notify a constituent agency of the h r i s introduction of new water contaminants from a new source and of h , t, a substantial change in volume or character of water e u g e b l e e h contaminants being introduced from sources in existence at the en td 17d i = = o h time of the issuance of the permit.

w l n] db 18,d i a º e K.

The commission shall provide by [regulation][regulation =] =r 19 a l rule a schedule of fees for permits [not exceeding the i a= e r 20 estimated cost of investigation and issuance, modification and a t me mw 21 renewal of permits] and approvals of general permit coverage d rm e 22 sufficient to pay the cost of developing and implementing the c e s k 23 permitting rules authorized pursuant to Section 74-6-4 NMSA e a n bo 24rule 1978,a includingschedule the review of applications,fees issuancefor and u [ enforcement of permits and[not rules,exceeding compliancethe assistance,d .229483.3SAm -: 25 - monitoring and inspection of facilities and discharges, data stewardship, records management and administrative and legal costs.

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 25 - e a n e d r e l u [ A d estimated cost of investigation and issuance, modification and renewal of permits] and approvals of general permit coverage sufficient to pay the cost of developing and implementing the permitting rules authorized pursuant to Section 74-6-4 NMSA 1978, including the review of applications, issuance and enforcement of permits and rules, compliance assistance, monitoring and inspection of facilities and discharges, data stewardship, records management and administrative and legal costs.

The issuance of a permit or approval of a general permit coverage does not relieve [any] a person from the responsibility of complying with the provisions of the Water Quality Act, any applicable [regulations][regulations ] rules or water quality standards of the commission or any applicable federal laws, regulations or standards.

h M.

A permit or general permit coverage may be g o t hr terminated or modified by the constituent agency that issued g e i k the permit or approved the general permit coverage prior to its h r i s date of expiration for any of the following causes:

h , t, (1) violation of [any][any ] a condition of the e u g e b l e e h permit;

en td 17d i = = o h (2) obtaining the permit or general permit w l n] db 18,d i a º e coverage by misrepresentation or failure to disclose fully all =r i = 19r t e w d m a ln o relevant facts;

id a e r 20 (3) violation of [any] the provisions of the a t m m: 21 Water Quality Act or any applicable [regulations] rules, d r e 22 standard of performance or water quality standards;

cb e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k 23m (4)e - 26 - e a n e d r e l u [ A d (3) violation of [any] applicablethe stateprovisions of the Water Quality Act or eany aapplicable n[regulations b] 24rules, federalstandard effluentof regulationsperformance or limitations;water quality standards;

or(4) uviolation [of (5)[any change] inapplicable [any]state aor conditionfederal thateffluent requiresregulations .229483.3SA - 26 - either a temporary or permanentlimitations; reduction or elimination of the permitted discharge.

or (5) change in [any ] a condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

h O.

A person who participated in a permitting action g o t hr before a constituent agency or a person affected by a g e i k certification of a federal permit and who is adversely affected h r i s by [such] the permitting action or certification may file a h , t, petition for review before the commission.

Unless a timely e u g e b l e e h petition for review is made, the decision of the constituent en td 17d i = = o h agency shall be final and not subject to judicial review.

The w l n] db 18,d i a º e petition shall:

=r i = 19r t e w d m a ln o (1) be made in writing to the commission id a e r 20 within thirty days from the date notice is given of the a t m m: 21 constituent agency's action;

b e d rs º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e 22- (2)27 include- e a statementn ofe thed issuesr toe bel cu e[ sA kd 23within raisedthirty anddays from the reliefdate sought;notice is given of the constituent agency's action;

and(2) einclude a nstatement bof 24the (3)issues be provided to allbe otherraised personsand u [ submitting evidence, data, views or arguments in the proceedingrelief .229483.3SAsought; - 27 - before the constituent agency.

and (3) be provided to all other persons submitting evidence, data, views or arguments in the proceeding before the constituent agency.

h Q.

The commission shall review the record compiled g o t hr before the constituent agency, including the transcript of g e i k [any] a public hearing held on the application or draft permit, h r i s and shall allow any party to submit arguments.

The commission h , t, may designate a hearing officer to review the record and the e u g e b l e e h arguments of the parties and recommend a decision to the en td 17d i = = o h commission.

The commission shall consider and weigh only the w l n] db 18,d i a º e evidence contained in the record before the constituent agency =r i = 19r t e w d m a ln o and the recommended decision of the hearing officer, if any, id a e r 20 and shall not be bound by the factual findings or legal a t m m: 21 conclusions of the constituent agency.

Basedb one thed reviews ofº do rt en 22= the.229483.3SAAIC evidence,January the30, arguments2025 of(1:33pm) thes partiesk andm recommendationse c- e28 s- ke 23a ofn thee hearingd officer,r thee commissionl shallu sustain,[ modifyA ord eand ashall nnot bbe 24bound reverseby the actionfactual findings or legal conclusions of the constituent agency.

TheBased commissionon uthe [review shallof enterthe ultimateevidence, findingsthe arguments of factthe parties and conclusionsrecommendations of lawthe .229483.3SAhearing -officer, 28the -commission andshall keepsustain, amodify recordor reverse the action of the review.constituent agency.

The commission shall enter ultimate findings of fact and conclusions of law and keep a record of the review.

The commission shall consider the additional evidence within h ninety days after receipt of the additional evidence and shall u » r notify the petitioner and the applicant or permittee, if other t h g e l i than the petitioner, of the date, time and place of the review.

h r i s S.

The commission shall notify the petitioner and h , e h all other participants in the review proceeding of the action t u g e b l e e , gh taken by the commission and the reasons for that action.

en td 17d i = = o h T.

ExemptionsSCONCºExemptions»SCONC SCONCºExcept as provided l ] b ,d i a º r in Subsection U of this section, exemptions»SCONC for surface watere permitsr shall= t e w ld m a n do 18water permits shall include:

=d =m 19: a l (1) normal farming and ranching activities as i a e r 20 determined by the commission or constituent agency;

ab r e t mº o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m 21e (2)- construction29 or- maintenancee ofa farmn ore d r e 22l u [ A d (1) normal farming SCONCº, silviculture»SCONC and ranching activities SCONCºas»SCONC SCONCºdetermined by the commission or constituent agency;»SCONC SCONCºsuch as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber and forest products or upland soil and water conservation practices;»SCONC (2) construction or maintenance of farm or stock ponds, acequias or irrigation ditches or the maintenance c e s k 23 of drainage ditches;

andSCONCºand»SCONC e a n b 24 (3) construction or maintenance of farm roads u [ in accordance with best management practices."practices .229483.3SASCONCº."»SCONC -SCONCº; 29 - SECTION 4.

Sectionand»SCONC 74-6-5.2SCONCº(4) NMSAa 1978discharge (beingcomposed Lawsentirely 1993,of Chapterreturn 100,flows Sectionfrom 4)irrigation.»SCONC isSCONCºU. amended to read:

"74-6-5.2.The exemptions provided in Subsection T of this section shall not apply if the discharge of dredged or h g fill material resulting from the activities contains any toxic o t hr pollutant as set forth in rule by the commission or if a new g e i k activity brings a surface water of the state into farm h r i s h production where the area of the surface water has not , t, e u g previously been used for farming."»SCONC e b l e e h SECTION 4.

WATERSection QUALITY74-6-5.2 MANAGEMENTNMSA FUND1978 CREATED.--There(being isLaws created1993, asn ad nonrevertingd fundi in= the= stateo treasuryh thel "water] qualityb management,d fund"Chapter to100, beSection administered4) byis theamended departmentto [ofread: environment].

i a º e r i = r "74-6-5.2.

WATER QUALITY MANAGEMENT FUND CREATED.--There t e w d m a n o is created as a nonreverting fund in the state treasury the d m :

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 30 - e a n e d r e l u [ A d "water quality management fund" to be administered by the department [of environment ].

Money in the fund is appropriated to the department [of environment]environment ] for the purpose of administering the [regulations][regulations ] rules adopted by the commission pursuant to [Section][Section ] Sections 74-6-4 and 74-6-5 NMSA 1978.

Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration e t 17 pursuant to vouchers signed by the secretary of environment." w l n d 18 SECTION 5.

Section 74-6-10 NMSA 1978 (being Laws 1967, = = 19 a l Chapter 190, Section 9, as amended) is amended to read:

i a e r 20 "74-6-10.

PENALTIES ENFORCEMENT--COMPLIANCE ORDERS-- ah t m m 21 PENALTIES--ASSURANCE OF DISCONTINUANCE.-- dg ro et 22hr A.

Whenever, on the basis of any information, a cg e si k 23 constituent agency determines that a person violated or is eh ar ni bs 24 violating a requirement, regulation or water quality standard uh [, t, adopted pursuant to the Water Quality Act or a condition of a .229483.3SAe -u 30g -e b l e e h permit issued pursuant to that act, the constituent agency may:

n d d i = = o h (1) issue a compliance order requiring l ] b ,d i a º e compliance immediately or within a specified time period or r i = r t e w d m a n o issue a compliance order assessing a civil penalty, or both;

or (2)d commencem a: civil action in district court for appropriate relief, including injunctive relief.

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 31 - e a n e d r e l u [ A d (2) commence a civil action in district court for appropriate relief, including injunctive relief.

or e t 17 (2) ten thousand dollars ($10,000) per day for w l n d 18 each violation of a provision of the Water Quality Act other = = 19 a l than the provisions in Section 74-6-5 NMSA 1978 or of a i a e r 20 regulation or water quality standard adopted pursuant to the ah t m m 21 Water Quality Act.

dg ro et 22hr D.

In assessing a penalty authorized by this cg e si k 23 section, the constituent agency shall take into account the eh ar ni bs 24 seriousness of the violation, any good faith efforts to comply uh [, t, with the applicable requirements and other relevant factors.

.229483.3SAe -u 31g -e b l e e h E.

For purposes of this section, a single n d d i = = o h operational event that leads to simultaneous violations of more l ] b ,d i a º e than one standard shall be treated as a single violation.

r i = r t e w d m a n o F.

If a person fails to take corrective actions withind them time: specified in a compliance order, the constituent agency may:

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 32 - e a n e d r e l u [ A d within the time specified in a compliance order, the constituent agency may:

The commission e t 17 shall conduct a public hearing within ninety days after receipt w l n d 18 of a request.

= = 19 a l H.

The commission may appoint an independent i a e r 20 hearing officer to preside over [any][any ] a public hearing held ah t m m 21 pursuant to Subsection [F][F ] G of this section.

The hearing dg ro et 22hr officer shall:

cg e si k 23 (1) make and preserve a complete record of the eh ar ni bs 24 proceedings;

and uh [, t, (2) forward to the commission a report that .229483.3SAe -u 32g -e b l e e h includes recommendations if recommendations are requested by n d d i = = o h the commission.

l ] b ,d i a º e I.

The commission shall consider the findings of ther independenti hearing= officer,r andt basede onw thed evidencem presenteda atn theo hearing, the commissionindependent shallhearing makeofficer, aand finalbased decisionon regarding the complianceevidence order.d m :

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 33 - e a n e d r e l u [ A d presented at the hearing, the commission shall make a final decision regarding the compliance order.

In connection with any proceeding [under][under ] provided for in this section, the commission may:

Unless otherwise required by law,law , penalties collected pursuant to this section for surface waters shall be deposited in the [general][general ] water quality management fund.

Unless otherwise required by law, penalties collected pursuant e t 17 to this section for ground waters, other than the provisions in w l n d 18 Section 74-6-5 NMSA 1978, shall be deposited in the neglected = = 19 a l and contaminated sites fund.

i a e r 20 L.

As an additional means of enforcing the Water ah t m m 21 Quality Act or any regulation or standard of the commission, dg ro et 22hr the commission may accept an assurance of discontinuance of any cg e si k 23 act or practice deemed in violation of the Water Quality Act, eh ar ni bs 24 or any regulation or standard adopted pursuant to that act, uh [, t, from any person engaging in, or who has engaged in, such act or .229483.3SAe -u 33g -e b l e e h practice, signed and acknowledged by the [chairman][chairman ] chair of n d d i = = o h the commission and the party affected.

Any such assurance l ] b ,d i a º e shall specify a time limit during which the discontinuance is r i = r t e w d m a n o to be accomplished." SECTIONd 6.m :

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 34 - e a n e d r e l u [ A d SECTION 6.

The Water Quality Act does not apply to [any][any ] an activity or condition subject to the authority of the environmental improvement board pursuant to the Hazardous Waste Act, the Ground Water Protection Act or the Solid Waste Act except to abate water pollution or to control the disposal or e t 17 use of septage and sludge.

w l n d 18 C.

The Water Quality Act does not authorize the = = 19 a l commission to adopt [any regulation]regulation ] a rule with respect to i a e r 20 [any] a condition or quality of water if the water pollution ah t m m 21 and its effects are confined entirely within the boundaries of dg ro et 22hr property within which the water pollution occurs when the water cg e si k 23 does not combine with other waters.

eh ar ni bs 24 D.

The Water Quality Act does not grant to the uh [, t, commission any jurisdiction or authority affecting the relation .229483.3SAe -u 34g -e b l e e h between employers and employees with respect to or arising out n d d i = = o h of [any] a condition [of water] or quality of water.

l ] b ,d i a º e E.

The Water Quality Act does not supersede or r i = r t e w d m a n o limit the applicability of [any][any ] a law relating to industrial health,d safetym or: sanitation.

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 35 - e a n e d r e l u [ A d health, safety or sanitation.

Except as required by federal law or for surface water discharges permitted pursuant to the Water Quality Act, in the adoption of [regulations][regulations ] rules and water quality standards and in an action for enforcement of the Water Quality Act and [regulations][regulations ] rules adopted pursuant to that act, reasonable degradation of water quality resulting from beneficial use shall be allowed.

Except for the discharge of a water contaminant to a surface water, the Water Quality Act does not apply to e t 17 [any] an activity or condition subject to the authority of the w l n d 18 oil conservation commission pursuant to provisions of the Oil = = 19 a l and Gas Act [Section 70-2-12 NMSA 1978]1978 ] and other laws i a e r 20 conferring power on the oil conservation commission to prevent ah t m m 21 or abate water pollution.

dg ro et 22hr H.

When changes in dissolved oxygen, temperature, cg e si k 23 dissolved solids, sediment or turbidity in a water of the state eh ar ni bs 24 is attributable to natural causes or to the reasonable uh [, t, operation of irrigation and flood control facilities that are .229483.3SAe -u 35g -e b l e e h not subject to federal or state water pollution control n d d i = = o h permitting, numerical standards for temperature, dissolved l ] b ,d i a º e solids content, dissolved oxygen, sediment or turbidity adopted r i = r t e w d m a n o under the Water Quality Act do not apply.

"Reasonable operation",d asm used: in this subsection, shall be defined by [regulation] rule of the commission." SECTION 7.

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 36 - e a n e d r e l u [ A d operation", as used in this subsection, shall be defined by [regulation ] rule of the commission." SECTION 7.

"[NEW MATERIAL]MATERIAL ] NEGLECTED AND CONTAMINATED SITES FUND-- CREATED.-- A.

Unless otherwise required by law, money received or recovered by the state by or on behalf of the e t 17 department arising from claims for enforcement actions, w l n d 18 response actions or response costs relating to the = = 19 a l contamination liability, including any fees, penalties, i a e r 20 settlement funds, recovered litigation costs and any interest ah t m m 21 derived therefrom, shall be deposited in the fund.

dg ro et 22hr B.

Money cg e si k 23 in the fund is appropriated to the department for state-led eh ar ni bs 24 response, investigation and remediation of water pollution and uh [, t, contamination in soil and soil vapor.

.229483.3SAe -u 36g -e b l e e h C.

Money in the fund shall be disbursed on warrants n d d i = = o h signed by the secretary of finance and administration pursuant l ] b ,d i a º e to vouchers signed by the secretary of environment or the r i = r t e w d m a n o secretary's designee." SECTIONd 8.m :

b e d s º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e - 37 - e a n e d r e l u [ A d SECTION 8.

e t 17 SECTION 9.

SEVERABILITY.--If any part or application of w l n d 18 this 2025 act is held invalid, the remainder or its application = = 19 a l to other situations or persons shall not be affected.

i a e r 20 SECTION 10.

EMERGENCY.--It is necessary for the public ah t m m 21 peace, health and safety that this act take effect immediately.

du » r e- 2238 - 37t -h cg e l i h r i s kh 23, e ah t u g e b l e e , gh n d d i = = o h l ] b 24,d ui [a .229483.3SAº r e r = t e w d m a n o d m :

b r e t º o t n = .229483.3SAAIC January 30, 2025 (1:33pm) s k m e e a n e d r e l u [ A d