FORTY-NINTH LEGISLATURESB 1/a

FIRST SESSION, 2009

March 4, 2009

Madam President:

    Your FINANCE COMMITTEE, to whom has been referred

SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

                      SENATE BILL 1

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 2, line 14, strike "Fifty percent of the" and insert in lieu thereof "The".

    2. On page 2, strike lines 17 through 19 in their entirety and strike line 20 up to the period and insert in lieu thereof "and twenty-five percent of the fund shall be designated for grants for recycling programs to counties or municipalities based on their fiscal capacity, population and geographic location and size".

    3. On page 13, line 23, strike "and geographic location" and insert in lieu thereof ", population and geographic location and size".

    4. On page 14, line 2, after the period, insert "However, the distribution of funding to recycling programs in existence prior to the effective date of this 2009 act shall not be made except from amounts remaining after all applications for new recycling programs have been considered.".

    5. On page 14, between lines 2 and 3, insert the following new section:

    "Section 7. Section 74-13-17 NMSA 1978 (being Laws 2005, Chapter 171, Section 17) is amended to read:

    "74-13-17. GRANTS--ELIGIBILITY--APPLICATIONS.--

         A. A municipality, county, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority that meets eligibility requirements established by the board may apply for a grant for providing funds to public landfills to offset the cost of collecting or recycling of tires or submit a competitive bid for a loan or contract for development costs or operating costs to establish a recycling facility, purchase equipment, perform marketing, purchase products produced by a recycling facility, provide educational outreach, develop recycling infrastructure, abate illegal dumpsites or contract with vendors to promote recycling and to abate illegal dumpsites consistent with provisions of the Recycling and Illegal Dumping Act. The first priority for funding shall be abatement of illegal scrap tire dumpsites and the recycling of scrap tires.

         B. A grant, loan or contract for processing shall not be awarded pursuant to the Recycling and Illegal Dumping Act to a person who receives less than ninety-five percent of recyclable materials from sources in New Mexico.

         C. Nothing in this section prohibits a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action.

         D. At least [two-thirds] twenty-five percent of budgeted grant money in each fiscal year shall be allocated to tire abatement and tire recycling programs, and [one-third] seventy-five percent of budgeted grant money in each fiscal year shall be allocated to abatement of illegal dumping and recycling of other solid wastes."".

                               Respectfully submitted,

                               __________________________________

                               John Arthur Smith, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 7 For 0 Against

Yes:     7

No:      0

Excused: Adair, Campos, Leavell, Ortiz y Pino

Absent:  None

SB0001FC1                                                  .177195.1