SENATE BILL 193

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Dede Feldman

AN ACT

RELATING TO ENVIRONMENTAL IMPROVEMENT; ENACTING THE LOCAL RECYCLING AND WASTE COLLECTION ASSISTANCE ACT; PROVIDING FOR GRANTS FOR PROGRAMS, SERVICES AND ACTIVITIES FOR RECYCLING, DIVERSION AND HOUSEHOLD HAZARDOUS WASTE AND ELECTRONIC WASTE COLLECTION; CREATING THE LOCAL RECYCLING AND WASTE COLLECTION ASSISTANCE FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Local Recycling and Waste Collection Assistance Act".

     Section 2. DEFINITIONS.--As used in the Local Recycling and Waste Collection Assistance Act:

          A. "department" means the department of environment;

          B. "diversion" means an activity that results in diverting materials from landfills through reuse, source reduction, recycling or composting;

          C. "electronic waste" means electronic products discarded by consumers and includes televisions; computers and computer peripherals; audio and stereo equipment; videocassette recorders and digital video disc players; video cameras; telephones; cellular phones and other wireless devices; fax machines; copy machines; and video game consoles;

          D. "eligible recipient" means a municipality, county, Indian nation, tribe or pueblo, land grant community, cooperative association, solid waste authority, school or educational institution;

          E. "fund" means the local recycling and waste collection assistance fund;

          F. "household hazardous waste" means leftover household products that contain corrosive, toxic, ignitable, reactive or potentially hazardous ingredients and includes paints, cleaners, oils, batteries and pesticides; and

          G. "recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products.

     Section 3. GRANT PROGRAM--CRITERIA--PREFERENCES.--

          A. The department shall establish a local recycling and waste collection assistance grant program to make grants to eligible recipients for programs, services or activities for recycling, diversion or the collection of household hazardous waste or electronic waste. The department shall award grants from the fund based on criteria established by the department.

          B. In awarding grants to eligible recipients, the department shall give preference to an eligible recipient that:

                (1) previously has not established and has no existing programs, services or activities for recycling, diversion or for collection of household hazardous waste or electronic waste;

                (2) has large, observable quantities of household hazardous waste or electronic waste as evidenced by an inspection conducted by the department; or

                (3) demonstrates substantial local public support for programs, services or activities for recycling, diversion or the collection of household hazardous waste or electronic waste.

     Section 4. FUND CREATED.--The "local recycling and waste collection assistance fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year, and income from investment of the fund shall be credited to the fund. The department shall administer the fund, and money in the fund is appropriated to the department to make grants from the fund in accordance with Section 3 of the Local Recycling and Waste Collection Assistance Act. Expenditures from the fund shall be made on warrant of the secretary of finance and administration on vouchers signed by the secretary of environment.

     Section 5. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the local recycling and waste collection assistance fund for expenditure in fiscal year 2008 and subsequent fiscal years to carry out the provisions of the Local Recycling and Waste Collection Assistance Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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