(A) The Board, after notice and public hearings in accordance with § 9-5-1-6 of the Joint Air Quality Control Board regulations, shall adopt such rules and regulations as it deems necessary for the implementation, administration, regulation, and enforcement of the provisions of this article, consistent with this article, the Joint Air Quality Control Board regulations set forth in §§ 9-5-1-1 et seq. and the New Mexico Air Quality Control Act, Sections 74-2-1 through 74-2-17 NMSA 1978.
(B) In developing regulations for the implementation and enforcement of this article, the Board shall give the weight it deems appropriate to all relevant facts and circumstances, including but not limited to:
(1) The make, model year, economic value and any special use of the motor vehicle;
(2) The cost of repair and maintenance of motor vehicle engines in respect to exhaust emissions control and reduction, and the cost of repair and maintenance of exhaust emissions control devices;
(3) The ambient concentrations of carbon monoxide in the county;
(4) The character and degree of injury to, or interference with health, welfare, visibility, and enjoyment of property caused by exhaust emissions;
(5) The public welfare, including social and economic costs of controlling and of failing to control air pollutants;
(6) The requirements of the federal Clean Air Act, as amended, and any regulations, guidelines, and policies promulgated pursuant to the federal act;
(7) The requirements of the New Mexico Air Quality Control Act;
(8) Consumer protection;
(9) Other exhaust contaminants that affect the efficiency of the carbon monoxide controls on motor vehicles.
(C) The Board shall provide by regulation for a schedule of biennial inspections of motor vehicles coordinated with the State of New Mexico's Motor Vehicle Division re-registration schedule and process.
(D) The Board shall provide by regulation for pass-fail criteria. The Board shall update the pass-fail criteria when and as it deems necessary to meet the purposes of this article.
(E) The Board shall provide by regulation that enforcement of this article is linked to the vehicle registration process of the New Mexico Motor Vehicle Division.
(F) The Board shall promulgate regulations regarding certification of authorized inspection stations, emission inspectors, and the inspections to be performed by authorized inspection stations, including but not limited to:
(1) Criteria for determining the eligibility of an person applying for authorization to perform inspections under this article, including but not limited to the adequacy of the facility, availability of the required testing equipment, and the competence of the personnel who will perform the tests for the inspection.
(2) The terms of each authorization.
(3) Establish procedures for the operation of an authorized inspection station.
(4) Provide for checking and setting criteria limits for the accuracy of testing equipment and procedures used by authorized inspection stations.
(G) The Board, after notice and opportunity for hearing equivalent to that provided under § 9-5-1-6 of the Joint Air Quality Control Board regulations, may deny, suspend, or revoke a person's approval as an authorized inspection station, or certified emission inspector, if the Board finds that a person or the person's authorized inspection station has done any of the following:
(1) Committed fraud or misrepresentation in connection with the inspection of a motor vehicle under this article or a regulation promulgated under this article.
(2) Violated this article or a regulation promulgated under this article.
(H) The Board shall provide by regulation for all exclusions, if any, from the operation of this article for any class of motor vehicle otherwise subject to this ordinance, but only upon notice and public hearing as set forth above, establishing a record of the Board's considerations of such exclusions including the Board's findings of fact in respect to the pertinent factors set forth in division (B) of this section.
(I) The Board shall promulgate regulations on model year 1980 and older to place a ceiling on the amount of money a person spends on any one vehicle in order for that vehicle to come into compliance with § 7-8-4(D)(1) of this article. The spending ceiling shall be based on the retail value of the vehicle as determined by current automobile valuation methods.
(J) The Board shall set criteria for the issuance of time extensions by the Director. Such criteria shall be based on the cost of repairs needed to bring the vehicle into compliance under § 7-8-4(D)(1).
('74 Code, § 9-1-5) (Ord. 47-1987; Am. Ord. 24-1989; Am. Ord. 36-1989)
Statutory reference:
Air Quality Control Act, see Sections 74-2-1 through 74-2-17 NMSA
Air Quality Control Act, see Sections 74-2-1 through 74-2-17 NMSA