HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 858

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO FUNDS; PROVIDING FOR ADDITIONAL PURPOSES FOR THE LIQUID WASTE FUND; RESTRICTING DISBURSEMENTS FROM THE FUND; PROVIDING FOR ANNUAL AUDITING OF THE LIQUID WASTE FUND; MAKING AN APPROPRIATION.

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

     Section 1. Section 74-1-15 NMSA 1978 (being Laws 2000, Chapter 96, Section 3) is amended to read:

     "74-1-15. LIQUID WASTE FUND CREATED.--

          A. The "liquid waste fund" is created in the state treasury. On-site liquid waste system fees shall be deposited in the fund. Money in the fund is appropriated to the department for [administration of liquid waste regulations] the following purposes:

                (1) twenty-five percent of the fund in a fiscal year for a liquid waste certification program conducted by the surface water quality bureau of the water and waste management division of the department;

                (2) no more than thirteen percent of the fund in a fiscal year may be expended by the department for a public awareness education program;

                (3) no more than twelve percent of the fund in a fiscal year may be expended by the department for central office administrative expenditures for oversight and management of liquid waste rules and technical assistance to district offices and field offices; and

                (4) any money remaining in the fund in a fiscal year may be expended by the department for liquid waste program district office and field office personnel.

          B. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or [his] the secretary's designee. Any unexpended or unencumbered balance or income earned from the money in the liquid waste fund remaining at the end of any fiscal year shall not revert to the general fund.

          C. Annually, the legislative finance committee shall examine and audit the liquid waste fund and the administration of the liquid waste program. The committee shall provide a report of its audit and any budget recommendations to the next session of the legislature. The audit shall be a public record. The department shall also provide the legislative finance committee with an annual proposed budget for the liquid waste fund by November 1 of each fiscal year."

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