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

RELATING TO HAZARDOUS MATERIALS; PROVIDING FOR AN ANNUAL DISTRIBUTION FROM THE FIRE PROTECTION FUND TO CREATE AND TRAIN REGIONAL HAZARDOUS MATERIALS TASK FORCES; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. A new section of the Fire Protection Fund Law, Section 59A-53-6.1 NMSA 1978, is enacted to read:

"59A-53-6.1. [NEW MATERIAL] HAZARDOUS MATERIALS TASK FORCE FUND--CREATION--DISTRIBUTION--REVERSION.--

A. The "hazardous materials task force fund" is created. The fund shall consist of transfers made to the fund pursuant to Subsection B of this section. Money in the fund is appropriated for use by the state fire marshal pursuant to the provisions of this section.

B. On or before July 1 of each year, a transfer shall be made from the fire protection fund to the hazardous materials task force fund in an amount equal to one and one-fourth percent of the balance in the fire protection fund as of the preceding May 1.

C. The hazardous materials task force fund shall be administered by the state fire marshal for distribution to counties and incorporated municipalities for the purpose of equipping and training local first responders to emergencies involving the transportation of hazardous materials and for the purpose of equipping and training regional hazardous materials task forces capable of responding outside the jurisdiction of municipalities. The following procedures govern distributions from the fund:

(1) municipalities or counties interested in receiving a distribution from the fund shall make application to the marshal;

(2) distributions shall be made only after a complete inspection by the marshal in order to ensure that all equipment, training and staffing meet the requirements established by the emergency management task force for a technician level team;

(3) distributions shall be made to a municipality or county only if the recipient agrees to provide regional hazardous materials first response to areas outside the recipient's boundaries;

(4) distributions shall be made to a municipality or county only after receiving input from the emergency management task force; and

(5) no distribution to a single county or municipality shall exceed thirty-five thousand dollars ($35,000) in any fiscal year.

D. In addition to distributions made to municipalities and counties pursuant to Subsection C of this section, the state fire marshal may expend up to seventy-five thousand dollars ($75,000) annually from the hazardous materials task force fund for the training and equipping of small community fire departments without hazardous materials first response capabilities.

E. Any unexpended or unencumbered balance remaining in the hazardous materials task force fund at the end of a fiscal year shall revert to the fire protection fund."

Section 2. Section 59A-53-15 NMSA 1978 (being Laws 1984, Chapter 127, Section 986, as amended) is amended to read:

"59A-53-15. APPROPRIATION FROM STATE TREASURY.--All money [which] that from time to time is deposited in the state treasury and credited to the fire protection fund is appropriated to the [corporation] commission for the use of the state fire marshal for the purposes set out in Chapter 59A, Article 53 NMSA 1978 and shall be distributed by the state treasurer and expended as provided in that article. Hereafter, all sums in excess of one hundred thousand dollars ($100,000) for pro rata distribution plus seventy-five percent of the approved state fire marshal budget for the succeeding fiscal year plus the amount certified to be distributed as provided in that article plus the amount to be transferred to the hazardous materials task force fund pursuant to Section 59A-53-6.1 NMSA 1978 shall be credited to the general fund on or before June 30 of each fiscal year."

Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.