SENATE BILL 30

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Carlos R. Cisneros

FOR THE WATER AND NATURAL RESOURCES COMMITTEE

AN ACT

RELATING TO THE ENVIRONMENT; ENACTING A NEW SECTION OF THE ENVIRONMENTAL IMPROVEMENT ACT TO PROVIDE FOR ASSISTANCE TO INDIGENT PERSONS TO REPLACE SUBSTANDARD LIQUID WASTE DISPOSAL SYSTEMS; CREATING A FUND; MAKING AN APPROPRIATION.

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

     Section 1. A new section of the Environmental Improvement Act is enacted to read:

     "[NEW MATERIAL] LIQUID WASTE DISPOSAL SYSTEM ASSISTANCE FUND--CREATED--PURPOSE.--

          A. The "liquid waste disposal system assistance fund" is created in the state treasury. The department shall administer the fund. The fund is composed of appropriations, donations and transfers of money earned from investment of the fund and otherwise accruing to the fund. Balances remaining in the fund at the end of a fiscal year shall remain to the credit of the fund. Disbursements from the fund shall be drawn on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's authorized representative. Money in the fund is appropriated to the department for the sole purpose of assisting indigent individuals or households that qualify for funding to accomplish one of the following purposes where there is a real or potential negative impact to public health or water quality from on-site liquid waste disposal system effluent:

                (1) to pay for a liquid waste disposal system to replace a cesspool or other failed or improper on-site liquid waste disposal system;

                (2) to purchase, install or maintain an advanced treatment system as required by the Environmental Improvement Act or regulations issued pursuant to that act;

                (3) to pay for the decommissioning and removal of a cesspool or other failed or improper on-site liquid waste disposal system; or

                (4) to pay for all or a portion of the connection fees in order to connect an individual or household to a centralized wastewater collection and treatment system.

          B. Construction activities sponsored by the fund shall be performed by licensed contractors selected through competitive bid by the department and shall be managed by the department.

          C. No more than ten percent of the fund shall be used by the department on an annual basis to pay for the department costs associated with management and implementation of fund activities.

          D. As used in this section:

                (1) "advanced treatment system" means an on-site liquid wastewater treatment system that removes a greater amount of contaminants than is accomplished by a primary treatment system;

                (2) "connection fee" means the fee paid directly to a public water or wastewater system or other wastewater management organization and does not include other fees, such as legal fees, related to connecting an individual or household to a centralized wastewater collection and treatment system; and

                (3) "indigent individuals or households" means individuals or households whose annual incomes meet the criteria established by the department."

     Section 2. APPROPRIATION--Four million dollars ($4,000,000) is appropriated from the general fund to the liquid waste disposal system assistance fund for expenditure in fiscal year 2010 and subsequent fiscal years to provide for assistance to indigent persons to replace substandard liquid waste disposal systems. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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