44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO THE ENVIRONMENT; AUTHORIZING THE DEPARTMENT OF ENVIRONMENT TO DEVELOP AND ADMINISTER A POLLUTION PREVENTION PROGRAM.

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] DEPARTMENT AUTHORIZED TO DEVELOP AND ADMINISTER A POLLUTION PREVENTION PROGRAM--SECRETARY TO ADOPT RULES--CONFIDENTIAL NATURE OF CERTAIN INFORMATION OBTAINED.--

A. The department may develop and administer a pollution prevention program. To implement this authority the department may enter into contracts with the federal government, develop proposed rules and take other actions appropriate and necessary to produce an efficient and effective program.

B. The secretary shall promulgate rules to carry out the purposes of a pollution prevention program developed pursuant to this section.

C. Records, reports or information obtained by the department pursuant to its administration of a pollution prevention program shall be generally available to the public. Records, reports or information or particular parts of the records, reports or information shall be held confidential if the person furnishing the records, reports or information requests that status and can demonstrate to the department that the records, reports or information or particular parts of the records, reports or information, if made public, would divulge confidential business records or methods or processes entitled to protection as trade secrets. The secretary shall promulgate a written determination of confidentiality. A record, report or information determined to be confidential may be disclosed to officers, employees or authorized representatives of the department concerned with carrying out the purposes and provisions of this section.

D. The secretary shall promulgate rules to implement the provisions of Subsection C of this section, and those rules shall specify business records entitled to protection as confidential.

E. An officer, employee or authorized representative of the department who knowingly or willfully publishes, divulges, discloses or makes known any information that is required to be determined confidential pursuant to this section is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978."