Business Development

Small Business Regulatory Advisory Commission (SBRAC)

A vibrant and growing small business sector is critical to creating jobs in a dynamic economy but small businesses can bear a disproportionate share of regulatory costs and burdens within the regulatory culture of state agencies. The “small business regulatory advisory commission” (SBRAC) was created in 2005 via HB869 () to make state agencies more responsive to small businesses’ capacity without compromising the statutory mission to the agencies. State agencies should seek to achieve statuary goals as effectively and efficiently as possible without imposing unnecessary burdens on small businesses.

State agencies should submit any rule changes which affects small businesses to the SBRAC. The SBRAC will review the proposed rule change and offer a recommendation of support or non-support back to the state agency.

The commission consists of nine members who are current, former small business owners, five appointed by the governor and two each appointed by the speaker of the house of representatives and the president pro tempore of the senate. Members shall serve two-year terms.

The commission may:

  • Provide state agencies with input regarding proposed rules that may adversely affect small business.
  • Consider requests from small business owners to review rules adopted by an agency;
  • Review rules promulgated by an agency to determine whether a rule places an unnecessary burden on small business and make recommendations to the agency to mitigate the adverse effects; and
  • Provide an annual evaluation report to the governor and the legislature including recommendations and evaluations of agencies regarding regulatory fairness for small businesses.

The commission does not have the authority to:

  1. Interfere with, modify, prevent or delay an agency or administrative enforcement action;
  2. Intervene in legal actions; or
  3. Subpoena witnesses to testify or to produce documents, but it may request witnesses to voluntarily testify or produce documents.

Members:

  • Matthew Spriggs
  • Mary Jean Christensen
  • Charlie DeGroot
  • Maria Estela de Los Rios
  • Beverly Fikse
  • Richard Lucero
  • James Zanios
  • Michael Beckett
  • Michael Lingnau

    To submit a proposed rule change to the SBRAC, contact Johanna Nelson, [email protected],  or 505.827.0264.

Recent SBRAC Results

FY18

DEPARTMENT DATE REGULATORY ITEM COMMITTEE DECISION
NMED 10/31/17 Amend rulemaking procedures found at 20.1.1 NMAC No adverse implications for small businesses; SUPPORT
NMED 11/3/17 Amend 20.62.2 NMAC-Ground and Surface Water Protection rules No adverse implications for small businesses; SUPPORT
NMEMNRD 12/19/17 Proposed changes in relation to the Geothermal Resources Development permitting process. No adverse implications for small businesses; SUPPORT
NMAD 7/11/17 Repeal and replace 21.15.1 NMAC to increase the fees for organic certification. No adverse implications for small businesses; SUPPORT

FY17

DEPARTMENT DATE REGULATORY ITEM COMMITTEE DECISION
NMED 3/20/17 Amend 20.277,78,82 NMAC to incorporate a number of new or revised federal air quality rules promulgated under 40 C.F.R Parts 60,61 and 63 for which NM has been delegated enforcement authority by the federal EPA. No adverse implications for small businesses; SUPPORT
NMED 3/20/17

Adopt a State Plan under the Clean Air Act to implement new federal emission guidelines for existing municipal solid waste landfills.

No adverse implications for small businesses; SUPPORT
NMED 3/20/17

Petition to the Water Quality Control Commission for regulatory amendments to portions of 20.7.5.14 NMAC.

No adverse implications for small businesses; SUPPORT
NMED 1/20/17 Proposed amendments to the Radiation Protection Regulations-20.3.3-20.3.5 NMAC, 20.3.7 NMAC, 20.3.12 NMAC and 20.3.15 NMAC No adverse implications for small businesses; SUPPORT