HOUSE BILL 859

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

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO ENVIRONMENTAL IMPROVEMENT; ENACTING THE CESSPOOL ELIMINATION ASSISTANCE ACT; PROVIDING FOR GRANTS TO LOW-INCOME HOUSEHOLDS FOR EXPENSES RELATED TO REPLACEMENT OF CESSPOOLS; CREATING THE CESSPOOL ELIMINATION ASSISTANCE FUND; MAKING AN APPROPRIATION.

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:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Cesspool Elimination Assistance Act"."

Section 2. A new section of the Environmental Improvement

Act is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Cesspool Elimination Assistance Act:

          A. "cesspool" means an excavation or non-watertight unit that receives untreated water-carried liquid waste and allows direct discharge to the soil;

          B. "department" means the department of environment;

          C. "indigent recipient" means an owner of an owner-occupied single-family dwelling, an owner-occupied single-family dwelling with a guest house or an owner-occupied duplex whose household income does not exceed two hundred fifty percent of the federal poverty level; and

          D. "fund" means the cesspool elimination assistance fund."

     Section 3. A new section of the Environmental Improvement Act is enacted to read:

     "[NEW MATERIAL] GRANT PROGRAM--CRITERIA.--

          A. The department shall establish a "cesspool elimination assistance grant program fund" to make grants to indigent recipients for:

                (1) the pumping, abandonment and replacement of cesspools located on the recipient's property;

                (2) permitting, site evaluation, design, purchase and installation costs of a new on-site liquid waste treatment and disposal system; and

                (3) up to two years of maintenance, operation and any required testing of the on-site liquid waste treatment and disposal system.

          B. The department shall promulgate rules necessary for the administration of the cesspool elimination assistance fund, including establishing priorities for the disbursement of money and the application and selection process."

     Section 4. A new section of the Environmental Improvement Act is enacted to read:

     "[NEW MATERIAL] CESSPOOL ELIMINATION ASSISTANCE FUND CREATED.--The "cesspool elimination assistance fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year, and income from investment of the fund shall be credited to the fund. The department shall administer the fund, and money in the fund is appropriated to the department to make grants from the fund in accordance with Section 4 of the Cesspool Elimination Assistance Act. Expenditures from the fund shall be made on warrant of the secretary of finance and administration on vouchers signed by the secretary of environment."

     Section 5. APPROPRIATION.--Four million dollars ($4,000,000) is appropriated from the general fund to the cesspool elimination assistance fund for expenditure in fiscal year 2008 and subsequent fiscal years to carry out the provisions of the Cesspool Elimination Assistance Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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