HOUSE BILL 218

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Rebecca Dow

AN ACT

RELATING TO LANDSCAPE BEAUTIFICATION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE LITTER CONTROL AND BEAUTIFICATION ACT; ABOLISHING THE DUSTY ROADRUNNER LITTER BAG; ABOLISHING THE LITTER CONTROL COUNCIL AND CREATING THE NEW MEXICO CLEAN AND BEAUTIFUL ADVISORY COMMITTEE.

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

     SECTION 1. Section 67-16-3 NMSA 1978 (being Laws 1985, Chapter 23, Section 3, as amended) is amended to read:

     "67-16-3. DEFINITIONS.--As used in the Litter Control and Beautification Act:

          A. "keep America beautiful system" means a comprehensive program to improve waste handling practices and the control of litter;

          B. "keep New Mexico beautiful, incorporated" is the statewide organization that is the official clearinghouse for beautification projects in the state;

          C. ["council" means the litter control council] "committee" means the New Mexico clean and beautiful advisory committee;

          D. "department" means the tourism department;

          E. "litter" means weeds, graffiti and all waste material, including disposable packages or containers, but not including the waste of the primary processes of mining, logging, sawmilling or farming;

          F. "person" means an individual, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary or representative or group of individuals or entities of any kind;

          G. "public place" means an area that is used or held out for use by the public, whether owned or operated by public or private interests; and

          H. "recycling" means the collection, separation or processing and return to the economic mainstream of raw materials or products that would otherwise become solid waste."

     SECTION 2. Section 67-16-4 NMSA 1978 (being Laws 1985, Chapter 23, Section 4, as amended) is repealed and a new Section 67-16-4 NMSA 1978 is enacted to read:

     "67-16-4. [NEW MATERIAL] NEW MEXICO CLEAN AND BEAUTIFUL ADVISORY COMMITTEE.--

          A. The "New Mexico clean and beautiful advisory committee" is created, consisting of seven members appointed by the tourism commission. The tourism commission shall appoint members to the committee who are knowledgeable in the areas of beautification, blight reduction, waste diversion and modification of human behavior patterns; provided that at least two members shall have experience in tourism, economic development, community beautification or recycling initiatives; and provided further that no member shall be an employee of the state.

          B. The committee shall select a person from its membership to serve as chair, and the committee shall meet at least quarterly to conduct its business.

          C. Notwithstanding the provisions of the Per Diem and Mileage Act, the members of the committee shall not receive any compensation, perquisite or allowance in connection with their duties."

     SECTION 3. Section 67-16-5 NMSA 1978 (being Laws 1985, Chapter 23, Section 5) is amended to read:

     "67-16-5. LITTER CONTROL COORDINATOR.--The department shall appoint a litter control coordinator to coordinate the activities of the [council within three months after the effective date of the Litter Control and Beautification Act] committee."

     SECTION 4. Section 67-16-7 NMSA 1978 (being Laws 1989, Chapter 10, Section 4) is amended to read:

     "67-16-7. MEASUREMENT AND EVALUATION.--The [department] committee shall document and report on an annual basis the effectiveness and impact of [council-sponsored] department-sponsored litter control and beautification programs through the following:

          A. evaluate and report on all governmental entities and keep New Mexico beautiful, incorporated projects and activities funded by the [council] department. The [photometric] community appearance index technique shall be a part of this report in communities where appropriate and available; and

          [B. evaluate and report on the placement and management of litter receptacles placed on state property as funded by the Litter Control and Beautification Act; and]

          [C.] B. investigate and report on the feasibility, appropriateness and cost of a statewide [photometric] community appearance index or other technique for the evaluation of highway litter."

     SECTION 5. Section 67-16-12 NMSA 1978 (being Laws 1985, Chapter 23, Section 12, as amended) is amended to read:

     "67-16-12. FURTHER DUTIES OF DEPARTMENT.--

          A. The department shall:

                (1) serve as the coordinating agency between various industry and business organizations seeking to aid in the anti-litter effort;

                (2) cooperate with all local governments to accomplish coordination of local anti-litter efforts;

                (3) encourage voluntary local anti-litter campaigns seeking to focus the attention of the public on programs to control and remove litter;

                (4) encourage voluntary recycling programs and aid in identifying programs and available markets for recycled materials;

                (5) apply for funds available from any other source for use in the administration of the Litter Control and Beautification Act;

                (6) adopt rules to enter into contracts for making either direct or matching grants with other state agencies, cities or counties or with an Indian nation, tribe or pueblo government for the purpose of promoting local keep America beautiful system programs; and

                (7) aid in the adoption and enforcement of model anti-litter statutes and ordinances and improve state and local litter control programs.

          B. The department shall also allocate funds appropriated to it from the litter control and beautification fund according to the following formula:

                (1) no more than fifteen percent of the fees received in a year for operating expenses directly related to the administration of the [council] committee, including:

                     (a) research, development and implementation of a statewide evaluation system;

                     (b) professional services provided to the state by representatives of keep America beautiful, incorporated; and

                     (c) the promotion of and encouragement of private recycling efforts for all recyclable items;

                (2) no more than twenty percent of the fees received in a year to purchase litter bags and receptacles and to conduct a public awareness and media campaign to include brochures, literature and educational materials, production of public service announcements and other expenses relating to public relations;

                (3) no more than fifty percent of the fees received in a year to local governments to establish and help continue local keep America beautiful system programs;

                (4) no more than sixty percent of the fees received in a year to local governments to establish a summer youth employment program to aid in litter control and beautification projects; and

                (5) no more than ten percent of fees received in a year to keep New Mexico beautiful, incorporated to further beautification and educational programs."

     SECTION 6. REPEAL.--Section 67-16-10 NMSA 1978 (being Laws 1985, Chapter 23, Section 10, as amended) is repealed.

     SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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