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

SPONSOR Trujillo

DATE TYPED 2/28/05

HB 1023

SHORT TITLE Environmental Sample Test Processing

SB

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$300.0

Recurring General Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Environment Department (NMED)

SUMMARY

Synopsis of Bill

House Bill 1023 appropriates $300 thousand from the general fund to the NMED in FY06 to

conduct sample testing of water, soil and air and to expand oversight activities of the United

States Department of Energy (DOE).

Significant Issues

The NMED believes funding through HB 1023 is crucial to their oversight responsibilities at

New Mexico’s national laboratories because the labs, while integral to New Mexico’s economy

and the nation’s security, are also major sources of environmental risk to the communities that

support them. Many of NMED’s oversight responsibilities with respect to the labs are non-

regulatory in nature, and subject to the vagaries of funding from the DOE.

The NMED reports the funding under the Agreement in Principle (the document that outlines the

scope of NMED’s oversight role and the funding that supports it) with DOE is not predictable

and has been decreasing, making program planning and execution very difficult. HB 1023 would

allow for further assessment of contaminant pathways from Los Alamos National Laboratory,

including studies of recently discovered springs along the Rio Grande in White Rock Canyon

and the presence of PCB’s and plutonium being transported from the lab to the Rio Grande via

House Bill 1023-- Page 2

surface water runoff. These water impacts are of great concern to future use of the City of Santa

Fe’s Buckman Wellfield.

PERFORMANCE IMPLICATIONS

The NMED’s Agreement in Principle Program has always been direct-funded by grants from

DOE, and no state performance measures have been developed. The appropriation contained in

HB1023 would require development of performance measures to track the types of environ-

mental assessments toward which the funding would be directed.

FISCAL IMPLICATIONS

The appropriation of $300 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY06 shall revert to the

general fund.

NMED would use the appropriation in HB1023 to procure analytical services for environmental

samples. NMED could target the assessments to those that are needed by local communities

since they would not be bound by the Agreement in Principle Program negotiated with the DOE.

ADMINISTRATIVE IMPLICATIONS

NMED already has the capability to administer the funds and the work.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

DOE would continue to direct and influence state-conducted monitoring.

AHO/yr