45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THE DEPARTMENT OF ENVIRONMENT TO STUDY AND MAKE RECOMMENDATIONS FOR PROPOSED LEGISLATION ON ENVIRONMENTAL COVENANTS.

WHEREAS, New Mexico law does not require all environmental cleanups of polluted property to result in return of the property to unrestricted use; and

WHEREAS, the responsible parties and the department of environment frequently agree that it may be appropriate for certain properties to be returned to some other use, such as industrial or recreational; and

WHEREAS, a determination by the department of environment that the property be returned to some other use is often based on the continuing risk to humans and the environment; and

WHEREAS, land use restrictions that require the owner to control access or use in perpetuity are unenforceable under state law; and

WHEREAS, if the department of environment has the legal authority to allow a property to be returned to a more restrictive land use, considerable money can be saved by both the owners of the property and the department of environment; and

WHEREAS, the authority to enforce environmental covenants will allow the department of environment to permit risk-based cleanup levels in appropriate cases; and

WHEREAS, many states are jointly developing a model covenant bill that gives environmental agencies authority to enforce land use restrictions related the environmental cleanup levels; and

WHEREAS, the department of environment is currently cooperating with other states to formulate a model covenant bill;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of environment be requested to study the issue of regulatory authority to enforce land use restrictions and report its findings and make recommendations for legislation to the appropriate committee by November 2002; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of environment.