[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Gubbels

 

DATE TYPED:

1/30/02

 

HB

341

 

SHORT TITLE:

Management of Used Oil

 

SB

 

 

 

ANALYST:

Valenzuela

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

 

 

0.1

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates/Relates to Appropriation in The General Appropriation Act                                         

                                                                                                                                                           

 

SOURCES OF INFORMATION

 

Legislative Finance Committee files

Department of Environment

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 341 amends the Hazardous Waste Act by including a definition of “used oil”, and by authorizing the Environmental Improvement Board (EIB) to adopt regulations concerning the management of used oil.

 

     Significant Issues

 

The Department of Environment is the State of New Mexico agency that oversees the handling and disposal of hazardous waste in accordance with New Mexico’s Hazardous Waste Act. The U.S. Environmental Protection Agency (EPA) has delegated to the department the authority to regulate the industry pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended.

 

Under existing law, used oil itself is not considered a hazardous waste. The problem is that used oil is often contaminated with hazardous waste solvents. The U.S. EPA regulations required states to have adopted state regulations equal to the federal rules. In 2001 legislative session, the Legislature passed House Bill 701 that would have accomplished the goal, but this bill was never compiled into the state statutes because a subsequent bill amended the same statute, thus nullifying HB 701.

 

House Bill 341 seeks to accomplish the same goal of last year’s legislation.

 

FISCAL IMPLICATIONS

 

Enactment of House Bill 341 would have a minor administrative and fiscal impact on the department and the Environmental Improvement Board, who would have to promulgate rules. These impacts, however, could be absorbed with the current budget and staff levels.

 

MFV/njw

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