RELATING TO THE ENVIRONMENT; AUTHORIZING A POLLUTION PREVENTION PROGRAM; PROVIDING FOR CERTAIN BUSINESS SENSITIVE INFORMATION TO BE CONFIDENTIAL AND NOT SUBJECT TO THE PUBLIC RECORDS ACT; PROVIDING FOR A PENALTY.

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:

"GREEN ZIA PROGRAM--BUSINESS SENSITIVE INFORMATION CONFIDENTIAL.--

A. The department may develop and administer a pollution prevention program to be known as the "green zia program". The department may enter into contracts with the federal government, promulgate rules and take other actions appropriate and necessary to produce an efficient and effective program.

B. Information provided to the department in accordance with the green zia program may be subject to confidentiality if the person furnishing the information demonstrates to the department that the information would divulge confidential methods or processes entitled to protection as trade secrets. If the department determines that the information is subject to confidentiality, the secretary shall promulgate a determination of confidentiality with an order of confidentiality. Confidential information may be disclosed to employees or authorized representatives of the department, but they shall not disclose the information to any other person.

C. A person who violates an order of confidentiality by disclosing confidential information pursuant to this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one

thousand dollars ($1,000) per violation or by imprisonment

for a definite term of one year or both."