HB 206 — ENVIRONMENTAL REVIEW ACT

(4) meet with a cooperating agency at a e e 17 cooperating agency's request;

e e n d 18 (5) determine the level of analysis that is =e =e l17 ] 19 required for a project;

ae le rn id 2018 (6) ensure that the analysis is conducted and t= e= al t] 19 evaluate the analysis based on the agency's expertise, ma ml 21 e d r ei 2220 experience and the best available science;

ct e ra ct 23 (7) after analysis, make a determination on em am n21 be 24d whether or how to issue a requested permit;permit or rule;

and ur [e 22 c e r c 23 (8) to the extent funds are available, fund .211778.2e -a 7n -b 24 the major activities or analyses that the lead agency requests u [ from cooperating agencies.

A potential lead agency shall .212769.2 - 7 - HENRC/HB 206 include funding requirements to carry out the Environmental Review Act in its budget requests.

(1) shall participate in the Environmental Review Act process at the earliest possible time, in accordance with thea cooperating agency's agreement with thea lead agency;

(3) shall, at the lead agency's request, provide staff support to enhance the lead agency's e e 17 interdisciplinary capability;

e e n d 18 (4) shall use its own funds to participate in =e =e l17 ] 19 the Environmental Review Act process, unless funding is ae le rn id 2018 provided by the applicant or the lead agency;

and t= e= al t] 19 (5) may, in response to a lead agency's ma ml 21 e d r ei 2220 request for assistance in preparing an environmental impact ct e ra ct 23 statement or reviewing an environmental assessment or em am n21 be 24d environmental impact statement, challengenegotiate the degree of ur [e 22 c e r c 23 involvement requested or decline to participate on the basis .211778.2e -a 8n -b 24 that other program commitments preclude involvement.

u [ G.

Lead and cooperating agencies shall comply with .212769.2 - 8 - HENRC/HB 206 the Cultural Properties Act regarding the confidentiality of historic, cultural and archaeological sites in carrying out their duties pursuant to the Environmental Review Act.

The environmental assessment shall be used as a source of information to guide permitting decisions or other approvals.approvals or agency decisions on the project.

At minimum, an environmental assessment shall e e 17 include:

e e n d 18 (1) the location of and a map of the project;

= = l ] 19 (2) a description of the project;

ea el 17r i 20 (3) a timelinetime line for completion;completion of the project;

et e na dt 18 (4) a description of the type of landscape or =m =m l21 ]e 19d ecosystem in the project area;

ar le 22 c e r ic 2023 (5) thepotential permitsmitigation required;for environmental e a n b 24 impacts, including closure and reclamation plans;

tu e[ a t (6) potentiala mitigationdescription forof environmentalsurface mand mground 21water; e d r e 22 impacts;

c.212769.2 e- r9 c- 23HENRC/HB 206 (7) aany descriptionhazardous ofwastes surfaceassociated andwith groundthe water;project;

e(8) a ndescription bof 24protected (8)fish, anyplant hazardousand wasteswildlife associatedspecies within the uarea; [ project;

.211778.2 - 9 - (9) aan descriptioninventory of protectedcultural fishproperty surveys and wildlifereviews speciescompleted in the area;

(10) a description of culturalpotential propertiespublic inhealth impacts of the area;project;

and (11) a description of potential publiccumulative health impacts of the project;project.

and (12) potential cumulative impacts of the project.

(1) determine that the project is likely to have a significant effect on the environment;environment and an environmental impact statement is necessary;

or e e 17 (2) issue a finding of no significant impact.

e e n d 18 D.

Unless a project is exempt pursuant to Section 8 = = l ] 19 of the Environmental Review Act, a public agency shall not ea el 17r i 20 approve a project that may have a significant effect on the et e na dt 18 environment without performing an environmental assessment.

If =m =m l21 ]e 19d a public agency determines that a project is likely to have a ar le 22 c e r ic 2023 significant effect on the environment, an environmental impact t e a tn b 24 statement is required before a project may be approved.

mu m[ 21 e d r e 22 E.

Unless exempt, the following projects are c.212769.2 e- r10 c- 23HENRC/HB 206 presumed to require an environmental assessment:

e a n b 24 (1) projects costing or anticipated to cost utwo [ one million dollars ($1,000,000)($2,000,000) or more;

.211778.2 - 10 - (2) lease sales of state land for energy development or mining;

(c) proximity of the proposed project to sensitive places, including historic and cultural properties, areas of cultural significance, wildlife corridors, riparian e e 17 areas and endangered species habitat;

and e e n d 18 (d) the likelihood of public controversy = = l ] 19 over the project.

ea el 17r F.i 20 SECTION 6.

Environmental[NEW assessmentsMATERIAL and environmental e e n d 18 impact statements shall be reviewed by the department of = = l ] 19ENVIRONMENTAL environmentIMPACT to ensure that environmental and public health a l r i 20 impacts are sufficiently considered, and the department of t e a t environmentSTATEMENT--REQUIREMENTS.-- may send an analysis back to the lead agency to m m 21 e d rA. e 22 make changes or additions.

An environmental impact statement shall include r e 22 c e r c 23 SECTIONa 6.detailed statement setting forth:

[NEW MATERIAL ] ENVIRONMENTAL IMPACT e a n b 24 STATEMENT--REQUIREMENTS.--(1) all significant effects on the environment u [ A.of the project;

An.212769.2 environmental- impact11 statement- shallHENRC/HB include206 .211778.2(2) -any 11significant -effect aon detailedthe statementenvironment settingthat forth:cannot be avoided if the project is implemented;

(1) all significant effects on the environment of the project;

(2) any significant effect on the environment that cannot be avoided if the project is implemented;

(6) avoidancean andanalysis mitigationof measuresthe proposedsocioeconomic toimplications minimizeof significantthe effectsproject, onincluding thelong- environment and ashort-term eeconomic ecosts 17and descriptionbenefits; of how those measures would be implemented;

e e n d 18 (7) theavoidance impacts of the project on cultural and =mitigation =measures lproposed ]to 19minimize historicsignificant resourceseffects ofon the stateenvironment orand Indian nations, tribes or a l r i 20 pueblos located within the state, including the impacts on t e a t cultural properties located within the project area identified m m 21 e d17 rdescription eof 22how bythose methodsmeasures suchwould asbe pedestrianimplemented; surveys, archival record searches c e r c 23 or consultation with Indian nations, tribes or pueblos;

e ae n bd 2418 (8) the impacts uponof the continuingproject useon orcultural uand [= existence= l ] 19 historic resources of orthe accessstate toor archeological,Indian historicnations, tribes or culturallya .211778.2l -r 12i -20 significantpueblos siteslocated orwithin culturalthe properties,state, including continuingthe impacts on t e a t cultural and historic properties and areas of cultural m m 21 e d significance tolocated Indianwithin nations,the tribesproject orarea pueblosidentified orby impactsr upone Indian22 nations,c tribese r c 23 methods such as pedestrian surveys, archival record searches or pueblose ina then stateb to24 engageconsultation inwith culturalIndian practices;nations, tribes or pueblos;

u [ (9) the impacts upon the continuing availabilityuse andor use.212769.2 - 12 - HENRC/HB 206 existence of forestor andaccess agriculturalto resources,archaeological, historic or culturally significant sites or cultural properties, including subsistencecontinuing agriculturecultural andsignificance otherto subsistenceIndian nations, tribes or pueblos or impacts upon the ability of Indian nations, tribes or pueblos in the state to engage in cultural practices;

(10) alternativesthe toimpacts upon the proposedcontinuing project,availability including:and use of forest and agricultural resources, including subsistence agriculture and other subsistence practices;

(11) alternatives to the proposed project, including:

(11)e e 17 (12) a brief statement indicating the reasons e e 17n d 18 for determining that certain effects of a project on the e= e= nl d] 1819 environment are not significant and consequently have not been =a = l ]r 19i 20 discussed in detail in the statement;

and at le ra it 20(13) (12) all public comments and agency responses tm em a21 te d to substantive public comments received during the public mr me 2122 c e d r ec 2223 comment period.

c e ra cn 23b 24 B.

TheEnvironmental leadimpact agencystatements shall makebe u [ reviewed by the environmentaldepartment eof aenvironment nto bensure 24that impact.212769.2 statement- publicly13 available- HENRC/HB 206 environmental and shallpublic takehealth impacts are sufficiently considered, and respondthe udepartment [of toenvironment commentsmay fromsend an analysis back to the publiclead onagency to make changes or additions within sixty days of receiving the project.environmental impact statement.

.211778.2C. - 13 - SECTION 7.

[NEWA MATERIALproject ]costing CONFLICTSor OFanticipated INTEREST.--A person shall not provide contractual services related to thecost preparationone ofhundred anmillion environmentaldollars assessment($100,000,000) or environmentalmore impactis statementpresumed withoutto certifyingrequire under penalty of perjury that the personpreparation does not have a current financial interest of anyan kindenvironmental inimpact thestatement. project, nor any interest which may cause the contractual services to be biased.

AD. contractor may be removed by the lead agency if the agency determines the contract is not being fulfilled or if the contractor is acting in bad faith.

SECTIONThe 8.lead agency shall make the environmental impact statement publicly available and shall take and respond to comments from the public on the project.

[NEWSECTION MATERIAL7. ] EXEMPTIONS.--The following projects are exempt from the provisions of the Environmental Review Act:

A.[NEW MATERIAL ] CONFLICTS OF INTEREST.--A person shall not provide contractual services related to the preparation of an environmental assessment or environmental impact statement without certifying under penalty of perjury that the person does not have a current financial interest of e e 17 any kind in the project, nor any interest which may cause the e e n d 18 contractual services to be biased.

A contractor may be removed = = l ] 19 by the lead agency if the agency determines the contract is not a l r i 20 being fulfilled or if the contractor is acting in bad faith.

t e a t SECTION 8.

[NEW MATERIAL ] EXEMPTIONS.--The following m m 21 e d r e 22 projects are exempt from the provisions of the Environmental c e r c 23 Review Act:

e a n b 24 A.

u [ B.

emergency activities to protect public health, .212769.2 - 14 - HENRC/HB 206 safety or the environment, including firefighting;firefighting and flood management;

purely ministerial actions, including e e 17 maintenance of existing facilities or construction of temporary e e n d 18 facilities;

= = l ] 19 D.

nondestructive data collection and scientific a l r i 20 study;

t e a t E.

post-fire rehabilitation activities not m m 21 e d r e 22 exceeding four thousand acres, including tree planting, fence c e r c 23 replacement, habitat restoration, heritage site restoration, e a n b 24 repair of roads and trails and the repair of damage to minor u [ facilities, including campgrounds, but not including post-fire .211778.2 - 14 - logging;

e e 17 H.

renewals,renewals assignments and conversionsassignments of existing permitspermits, e e n d 18 leases and easements that are in good standing and where = = l ] 19 substantially no change in use occurs;occurs and continuation of the a l r i 20 activity will not lead to significant environmental t e a t degradation;

them newm permit21 assignmente willd notI. go to an operator that is underfunded or with less experience;

approval of mineral lease adjustments and continuationr ofe the22 activityc wille notr leadc to23 environmentaltransfers, degradation;including assignments and subleases;

I.e a n b 24 J.

approval and issuance of mineralcutting leasepermits adjustmentsfor andu transfers,[ includingforest assignmentsproducts andassociated subleases;with small-scale restoration .212769.2 - 15 - HENRC/HB 206 activities or vegetation management activities, Christmas tree permits or small wood gathering;

J.

approval and issuance of cutting permits for forest products not to exceed three thousand dollars ($3,000) in value;

activities involving remediation of hazardous waste sites if undertaken in compliance with applicable laws;

e e 17 L.

eL. e n d 18 M.

construction of bicycle and pedestrian lanes and = = l ] 19 paths adjacent to existing highways and within existing rights a l r i 20 of way;

tM. e a t N.

mN. m 21 e d r e 22 O.

cO. e r c 23 P.

approval of leases, easementseasements, or funds for e a n b 24 single family homesites that encompass five acres or lesspermits offor uresidential [home contiguousbuilding; land and associated improvements, including .211778.2 - 15 - construction of homes, outbuildings, access roads and utility lines;

providedP. that the homesites and associated improvements do not adversely affect tribal cultural resources or cultural properties and are in compliance with applicable federal and tribal laws;

Q.

R.Q.

approval of unitization agreements, communitization agreements, drainage agreements, underground storage agreements, development contracts or geothermal unit or participating area agreements;agreements e e 17 when the agreement or contract contains provisions to address e e n d 18 inadvertent discovery of human remains or associated or = = l ] 19 unassociated funerary objects;

a l r i 20 R.

vegetation management activities, including t e a t seeding, planting, invasive plant removal, installation of m m 21 e d erosion control devices, such as mats, straw or chips, or r e 22 c e r c 23 mechanical treatments, such as crushing, piling, thinning, e a n b 24 pruning, cutting, chipping, mulching, mowing or prescribed u [ fire, when the activity is necessary for the management of .212769.2 - 16 - HENRC/HB 206 vegetation;

vegetationprojects managementanalyzed activities,through including seeding, planting, invasive plant removal, installation of erosion control devices, such as mats, straw or chips, or mechanical treatments, such as crushing, piling, thinning, e e 17 pruning, cutting, chipping, mulching, mowing or prescribed e e n d 18 fire, when the activityNational isEnvironmental necessaryPolicy forAct the management of =1969 =and lits ]implementing 19regulations; vegetation on public lands;

a l r i 20 T.

projects analyzedon throughlands theowned Nationalby tan eIndian anation, ttribe Environmentalor Policypueblo Actor ofheld 1969in andtrust itsby implementingthe mUnited mStates; 21 e d r e 22 regulations;

provided that state public agencies shall review a c e r c 23 federal agency's final action under the National Environmental e a n b 24 Policy Act and may require additional information and u [ evaluation of a project before approving any permits, licenses .211778.2 - 16 - or authorizations required under state law;

projectsrecreational onaccess landspermits. owned by an Indian nation, tribe or pueblo or held in trust by the United States.

(1) authorizeselect for agency approval the alternative to a project that, to the maximum extent practicable and in compliance with the agency's statutory mission and duties, avoids or minimizes adverse environmental effects;

or (2) incorporate appropriate avoidance or e e 17 mitigation of impacts into the conditions of the permit, e e n d 18 license or other authorization for the project issued pursuant = = l ] 19 to law.

ea el 17r i 20 B.

A public agency may deny a lease, permit, licenset or e ea nt dlicense, 18certificate or other entitlement or authorization when anm environmentalm impact21 statemente =d =an lenvironmental ]impact 19statement concludes that the project r e 22 c e r c 23 will cause irreparable harm to the a l r i 20 environment.

t e a tn SECTIONb 10.24 C.

[NEWNothing MATERIALin ]this NOTICE--PUBLICsection COMMENT.--shall malter, mchange, 21u e[ drestrict ror ediminish 22the A.rights, powers or duties of the .212769.2 - 17 - HENRC/HB 206 commissioner of public lands in the administration, management, care or control of state trust lands as provided for by the Enabling Act for New Mexico or other applicable statutes.

IfSECTION a10. public agency determines that an c e r c 23 environmental assessment or an environmental impact statement e a n b 24 is required for a project, reasonable efforts shall be made to u [ reach the parties most likely to be interested in the project.

.211778.2[NEW -MATERIAL 17] -NOTICE--PUBLIC AtCOMMENT.-- aA. minimum, notice that an environmental assessment, environmental impact statement or finding of no significant impact is being undertaken or has been finalized shall be:

If a public agency determines that an environmental assessment or an environmental impact statement is required for a project, reasonable efforts shall be made to reach the parties most likely to be interested in the project.

B.

At a minimum, notice that environmental assessment is being undertaken or has been finalized, as well as the final document, shall be posted electronically on the lead and cooperating agencies' websites.

C.

At a minimum, notice that an environmental impact statement is being undertaken or has been finalized, as well as the final document, shall be:

e e 17 (a) the ownersgoverning body of record,all ase showne byn thed most18 recentmunicipalities propertyand taxcounties schedule,in ofwhich allthe propertiesproject withinproperty proximityis of= the= projectl property;] 19 located;

and a l r i 20 (b) the governing body of allany municipalitiescounty, andt countiese ina whicht municipality or Indian nation, tribe or pueblo when the projectm propertym 21 e d boundary of the territory of the county, municipality or Indian r e 22 c e r c 23 nation, tribe or pueblo is located;within a fifteen-mile radius of the e a n b 24 project property;

andu (c)[ the(2) governingpublished bodyonce ofin anythe county,newspaper municipalitywith orthe Indian.212769.2 nation,- tribe18 or- puebloHENRC/HB when206 thelargest boundarycirculation ofin theeach territorycounty ofin which the county,project municipalityproperty oris Indianlocated nation,and tribeonce orin pueblothe islargest withinnewspaper ain ten-mile radius of the projectstate. property;

(2)The publishednotice onceshall appear in thea newspapersection withof the enewspaper ethat 17will largestgive circulationthe inpublic eacheffective countynotice inof which the proposed project eand eshall nbe dprinted 18in propertyboth isEnglish located and onceSpanish inand theposted largeston newspaper in the =newspaper's =website, lif ]one 19exists; state.

The(3) noticeposted shall appear in eitherat theleast classifiedfour orpublicly aaccessible land rconspicuous iplaces 20 legal advertisements section of the newspaper and inat one otherlocal tpost eoffice; a t place in the newspaper calculated to give the general public m m 21 e d r e 22 the most effective notice and shall be printed in both English c e r c 23 and Spanish and posted on the newspaper's website;

e a n b 24 (3) posted in at least four publicly u [ accessible and conspicuous places, including at the entrance of .211778.2 - 18 - the project property and at one local post office;

B.D.

A member of the general public may request a copy of ana final environmental assessment or environmental impact statement from a public agency.

Within five business days of receiving the request, a public agency shall either provide the requestor with a copy of the final environmental e e 17 assessment or environmental impact statement or direct the e e n d 18 requestor to a publicly available copy.

C.= = l ] 19 E.

At a minimum, the public shall be allowed:allowed thirty a l r i 20 days to review an environmental impact statement and submit t e a t comments to the lead agency before a final decision on the m m 21 e d project is made.

(1)r fifteene days22 toc reviewe anr environmentalc assessment23 andF. submit comments to the lead agency before the agency makes any determination about the environmental assessment;

andPublic ecomments that are substantive in nature, e 17a (2)n thirtyb days24 toincluding reviewthose anthat environmentalprovide enew einformation, nprovide du 18[ impactalternative statementscientific andinformation submitor commentsillustrate toconcerns not .212769.2 - 19 - HENRC/HB 206 previously considered by the lead agency beforeshall =be =responded lto ]by 19the alead finalagency decisionin on the projectfinal isenvironmental made.impact statement.

A response by the lead agency shall include an explanation of why the substantive comment did not merit a lchange rin ioutcome 20or D.an explanation of how the outcome was changed due to the substantive comment.

PublicWhen commentsan thatagency arereceives substantivemultiple incomments nature,raising t e a tsubstantially includingsimilar thoseconcern, that provide new information, provide m m 21 e d r e 22 alternative scientific information or illustrate concerns not c e r c 23 previously considered by the lead agency shallmay beelect responded to erespond aonce nto b 24 by the leadissue agencyraised, inrather eitherthan therepeating finding of no significant u [ impact or the finalsame environmentalresponse impactmultiple statement.times.

AG. response .211778.2 - 19 - by the lead agency shall include an explanation of why the substantive comment did not merit a change in outcome or an explanation of how the outcome was changed due to the substantive comment.

E.

By JulyDecember 1,31, 2020,2019, the environmental e e 17 improvement board, in consultation with the department of e e n d 18 environment, the energy, minerals and natural resources = = l ] 19 department, the state land office, the department of game and a l r i 20 fish, the department of health, the department of t e a t transportation, the historic preservation division of the m m 21 e d cultural affairs department and e e 17 the office of the governor, r e 22 c e r c 23 shall adopt rules to implement the eEnvironmental Review Act e a n db 1824 Environmentalthat Reviewis Act.to become effective January 1, 2020.

=u =[ l ] 19 B.

a.212769.2 l- r20 i- 20HENRC/HB 206 (1) requirements for the preparation of a t e a t record of decision for use in appeal proceedings, including, at m m 21 e d r e 22 a minimum, that a public agency's record of decision consists c e r c 23 of:

e a n b 24 (a) the environmental assessment and the u [ associated finding of no significant impact or environmental .211778.2 - 20 - impact statement, as applicable;

(b) all public comments and agency responses to comments on the environmental assessment and the environmental impact statement;

(2)provided that e e 17 information provided to an agency concerning the location of e e n d 18 archaeological resources, a feecultural structureproperty or an area of = = l ] 19 cultural significance to an Indian nation, tribe or pueblo, the a l r i 20 preservation of which is in the interest of the state of New t e a t Mexico or the Indian nation, tribe or pueblo, shall remain m m 21 e d confidential and may only be imposeddisclosed uponto applicants;the public with the r e 22 c e r c 23 written consent of the Indian nation, tribe or pueblo;

providede thata then feesb shall24 be(2) noa morefee thanstructure theto actualbe costsimposed ofupon implementingu the[ Environmentalapplicants; Review Act.

provided that the fees shall be no more than the .212769.2 - 21 - HENRC/HB 206 actual costs of implementing the Environmental Review Act.

e e 17 (3) procedures for creating categorical e e n d 18 exemptions from the Environmental Review Act, as well as for = = l ] 19 ending categorical exemptions;

provided that the rules shall a l r i 20 require a categorical exemption determination to be reasonable, t e a t based on the best available science and to not be arbitrary, m m 21 e d r e 22 capricious or an abuse of discretion;

c e r c 23 (4) procedures for implementing the notice and e a n b 24 comment requirements of the Environmental Review Act, including u [ procedures to ensure that documents are easily accessible to .211778.2 - 21 - the public, the public is able to submit comments on documents in a variety of ways including via the internet, and that members of the public who submit comments are updated on the e e 17 project's progress;

and e e n d 18 (5) time limits in which public agencies shall = = l ] 19 comply with the provisions of the Environmental Review Act.

a l r i 20 SECTION 12.

[NEW MATERIAL ] ENVIRONMENTAL ASSESSMENT-- t e a t ENVIRONMENTAL IMPACT STATEMENT--TIME LIMITS.-- m m 21 e d A.

r e 22 c e r c 23 (1) six months to complete an environmental e a n b 24 assessment and adopt a finding of no significant impact;

and u [ (2) one year to complete and certify an .212769.2 - 22 - HENRC/HB 206 environmental impact statement and compile a record of decision.

The environmental improvement board may adopt rules that establish different time limits specifiedor inestablish thisprocedures sectionfor requesting an extension of time for preparing environmental assessments, environmental impact statements or findings of no significant impact for different types or classes of projects, but all time limits shall applybe onlymeasured whenfrom the publicdate agencyon which an application requesting approval of the project is received and accepted as administratively complete by the applicant.public agency.

eThe erules 17adopted C.pursuant to this subsection may provide for a reasonable extension of time in the event that compelling circumstances justify additional time and the project applicant consents to the extension.

The environmental improvement board may adopt e e n d 18 rules that establish different time limits for preparing = = l ] 19 environmental assessments, environmental impact statements or a l r i 20 findings of no significant impact for different types or t e a t classes of projects, but all time limits shall be measured from m m 21 e d r e 22 the date on which an application requesting approval of the c e r c 23 project is received and accepted as administratively complete e a n b 24 by the public agency.

The rules adopted pursuant to this u [ subsection may provide for a reasonable extension of time in .211778.2 - 22 - the event that compelling circumstances justify additional time and the project applicant consents to the extension.

[NEW MATERIAL ] ENFORCEMENT--COMMENCEMENT OF ACTION OR PROCEEDING--JUDICIAL REVIEW.-- e e 17 A.

A person having an interest that is or may be e e n d 18 adversely affected by a project may commence a civil action on = = l ] 19 that person's own behalf to compel compliance with the a l r i 20 Environmental Review Act.

t e a t (1) the public agency with primary m m 21 e d responsibility for preparing an environmental assessment or r e 22 c e r c 23 environmental impact statement under the Environmental Review e a n b 24 Act;

or u [ (2) a public agency alleged to have failed to .212769.2 - 23 - HENRC/HB 206 perform any nondiscretionary act or duty required by the Environmental Review Act.

An action shallto notcompel becompliance commencedwith pursuantthe toEnvironmental eReview eAct 17pursuant to Subsection A of this section shall not be commenced prior to sixty days after the e e n d 18 plaintiff has given written notice to the appropriate public = = l ] 19 agency, the attorney general and the project applicant of the a l r i 20 plaintiff's intent to commence an action;

provided that when t e a t the violation constitutes an immediate threat to the health or m m 21 e d r e 22 safety of the plaintiff or would immediately and irreparably c e r c 23 impair a legal interest of the plaintiff, an action pursuant to e a n b 24 this section may be brought immediately after providing written u [ notice to the proper parties.

An action against a public .211778.2 - 23 - agency for failure to comply with the procedures of the Environmental Review Act shall be brought in the first judicial district court of Santa Fe county.

e e 17 C.

Except as otherwise provided in Subsections A and B of this section, a person who is adversely affected by a project subjecte toe then Environmentald Review18 Actthat andis whosubject participatedto inreview aunder permittingthe actionEnvironmental orReview appealAct of= a= certificationl before] any19 publicmay agency,appeal includingan byagency's submittingfinal commentsdecision toon thea agency,project may appeal to the court ofa appealsl forr furtheri relief.20 of appeals.

t e a t D.

Appeals pursuant to Subsection C of this section m m 21 e d shall be upon the public agency's record of decision and shall r e 22 c e r c 23 be taken to the court of appeals no more than thirty days after e a n b 24 the public agency certifiesfinalizes an environmental impact statement, u [ environmental assessment or finding of no significant impact as .212769.2 - 24 - HENRC/HB 206 complete or the public agency's final permitting, funding, leasing, certification or licensing e e 17 decision, whichever is later.

e e n d 18 (1) shall set aside the public agency's action = = l ] 19 if it is found to be:

a l r i 20 (a) arbitrary, capricious or an abuse of t e a t discretion;

m m 21 e d r e 22 (b) not supported by substantial c e r c 23 evidence in the record;

or e a n b 24 (c) otherwise not in accordance with u [ law;

and .211778.2 - 24 - (2) after a hearing and a showing of good cause, may grant a stay of the action being appealed pending the outcome of the appeal.

A court in issuing a final order in an action brought pursuant to this section, may award costs of e e 17 litigation, including attorney fees and expert witness fees and e e n d 18 other reasonable fees and expenses, to a prevailing plaintiff = = l ] 19 or appellant other than a public agency, whenever the court a l r i 20 determines such an award is appropriate.

t e a t SECTION 14.

[NEW MATERIAL ] LIMITATIONS.--Nothing in the m m 21 e d Environmental Review Act shall supersede requirements or r e 22 c e r c 23 standards of any other applicable federal or state law.

e a n b 24 SECTION 15.

TEMPORARYAPPROPRIATIONS.-- PROVISION--PROJECTu APPROVAL[ PRIOR TO ADOPTION OF RULES--LOCAL ENVIRONMENTAL REVIEW.-- A.

AfterFive thehundred effectivethousand datedollars of($500,000) theis Environmental.212769.2 Review- Act25 and- untilHENRC/HB the206 environmentalappropriated improvementfrom boardthe adoptsstate elands emaintenance 17fund regulations necessary to carry out the provisionsstate ofland theoffice efor eexpenditure nin dfiscal 18year Environmental2020 Reviewfor Act,the countystate orland municipaloffice environmentalto =hire =and lsupport ]two 19full-time-equivalent reviewpositions laws or ordinances shall apply to projectscarry withinout athe aoffice's lduties rpursuant ito 20the county'sEnvironmental orReview municipality'sAct. jurisdiction.

t e a t B.

If a county or municipality does not have m m 21 e d r e 22 environmental review laws or ordinances, an environmental c e r c 23 assessment or environmental impact statement shall not be e a n b 24 required for a project until the environmental improvement u [ board adopts regulations implementing the Environmental Review .211778.2 - 25 - Act.

SECTION 16.

APPROPRIATIONS.-- A.

Two hundred fifty thousand dollars ($250,000) is appropriated from the state lands maintenance fund to the state land office for expenditure in fiscal year 2020 for the state land office to hire and support two full-time-equivalent positions to carry out the office's duties pursuant to the Environmental Review Act.

Any unexpended or unencumbered balance remaining at the end of e e 17 fiscal year 2020 shall revert to the general fund.

e e n d 18 C.

Two hundred fifty thousand dollars ($250,000) is = = l ] 19 appropriated from the general fund to the energy, minerals and a l r i 20 natural resources department for expenditure in fiscal year t e a t 2020 for the department to hire and support two full-time- m m 21 e d r e 22 equivalent positions to carry out the department's duties c e r c 23 pursuant to the Environmental Review Act.

Any unexpended or e a n b 24 unencumbered balance remaining at the end of fiscal year 2020 u [ shall revert to the general fund.

.211778.2 - 26 - D.

Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of the state engineer for expenditure in fiscal year 2020 for the office to hire and support two full-time-equivalent positions to carry out the office's duties pursuant to the Environmental Review Act.

SECTIONC. 17.

EFFECTIVEFive DATE.--Thehundred effectivethousand datedollars of($500,000) is appropriated from the provisionsgeneral offund thisto actthe isenergy, Julyminerals 1,and 2019.e e 17 natural resources department for expenditure in fiscal year e e n d 18 2020 for the department to hire and support two full-time- = = l ] 19 equivalent positions to carry out the department's duties a l r i 20 pursuant to the Environmental Review Act.

-Any 27unexpended -or 12t 14 16 e ea 17t eunencumbered ebalance nremaining dat 18the =end =of lfiscal ]year 192020 a l r i 20 t e a t m m 21 e d rshall erevert 22to cthe egeneral rfund. c 23 e a n b 24 u [ .211778.2

r e 22 c e r c 23 D.

Two hundred fifty thousand dollars ($250,000) is e a n b 24 appropriated from the general fund to the office of the state u [ engineer for expenditure in fiscal year 2020 for the office to .212769.2 - 26 - HENRC/HB 206 hire and support two full-time-equivalent positions to carry out the office's duties pursuant to the Environmental Review Act.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.

SECTION 16.

EFFECTIVE DATE.-- A.

The effective date of the provisions of Sections 11 and 15 of this act is July 1, 2019.

B.

The effective date of the provisions of Sections 1 through 10 and 12 through 14 of this act is January 1, 2020.

- 27 - 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212769.2