1. A. Records, including the names and addresses of permit applicants or permittees, applications, permits, inspections and effluent data, including data relating to discharges and ambient water quality, obtained by the commission or department pursuant to the New Mexico Pollutant Discharge Elimination System Act shall be available to the public.
2. B. Records obtained by the commission or department that are submitted in relation to applications shall include information required on application forms provided by the commission or department, information submitted on the forms themselves and any attachments used to supply information required by the forms. All such records shall be available to the public.
3. C. For other records, the commission or department shall not disclose the record if a person submitting the record asserts at the time of submission that the record or part of the record, if made public, would divulge confidential business information or trade secrets as defined in the Uniform Trade Secrets Act [57-3A-1 to 57-3A-7 NMSA 1978].

4. D. Confidential business information or trade secrets may be disclosed:

   1. (1) to officers, employees or authorized representatives of the commission or department;
   2. (2) to officers, employees or authorized representatives of the United States; or
   3. (3) when relevant, in a proceeding pursuant to the New Mexico Pollutant Discharge Elimination System Act or the federal act.
5. E. An officer, employee or authorized representative of the commission or department who willfully discloses information that the commission or department has determined is entitled to protection as confidential business information or a trade secret shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both.

6. F. In submitting records, a person providing the records shall:

   1. (1) designate the records the person believes are entitled to protection pursuant to this section by stamping the records as "confidential business information"; and
   2. (2) submit the designated records separately from other records submitted pursuant to the New Mexico Pollutant Discharge Elimination System Act.

History: Laws 2025, ch. 112, § 20.

ANNOTATIONS

Effective dates. — Pursuant to N.M. Const., art. IV, § 23, Laws 2025, ch. 112 did not pass with the required two-thirds vote of each house. Therefore, the effective date of Laws 2025, ch. 112 was June 20, 2025.