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

SPONSOR Lujan, B.

ORIGINAL DATE

LAST UPDATED

2-13-07

HB 779

SHORT TITLE OFFICE OF NUCLEAR WORKERS ADVOCACY SB

ANALYST Aubel

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$610.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

No Response

Office of Governor

SUMMARY

Synopsis of Bill

House Bill 779 appropriates $610.0 thousand from the general fund to the Office of the Governor

for the purpose of providing advocacy and technical assistance, and to act as a liaison, for

claimants seeking compensation pursuant to the Energy Employees Occupational Illness

Compensation Act (EEOICA).

FISCAL IMPLICATIONS

The appropriation of $610.0 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY08 shall revert to the

general fund.

HB 779 appropriates funding for providing advocacy and technical assistance from an office of

House Bill 779 – Page

2

nuclear worker’s advocacy administratively attached to the Office of the Governor, which would

require at least 1 FTE to administer the activities, with an estimated personal services and

benefits budget impact of $75.0 thousand. Although not specified in HB 779, the remaining

appropriation would most likely be utilized through contractual services provided to the

claimants to develop credible applications.

SIGNIFICANT ISSUES

The Energy Employees Occupational Illness Compensation Program delivers benefits to eligible

employees and former employees of the US Department of Energy (DOE), its contractors and

subcontractors, and others defined by the EEOICA. Assistance, compensation and payment of

medical expenses is available to DOE employees, its contractors and subcontractors, or their

survivors, who develop an illness due to exposure to toxic substances at certain DOE facilities,

pending a successful hearing of their cases. Uranium miners, millers, and ore transporters are

also eligible for benefits if they develop an illness as a result of toxic exposure and are deemed

eligible through the hearing process. A toxic substance is not limited to radiation but includes

things such as chemicals, solvents, acids and metals. Compensation and payment of medical

expenses would also be provided for radiation-induced cancer, providing requirements are met.

There are three DOE facilities in New Mexico: 1) Los Alamos National Laboratory 2) Sandia

National Laboratories, and 3) the Waste Isolation Pilot Plant. Any legitimate claimants from

these facilities to the Energy Employees Occupational Illness Compensation Program could be

assisted through funds allocated by HB 779.

The hearing process is subject to the federal requirements, which can be burdensome,

particularly to ill workers or surviving spouses. HB 779 would provide the resources to help

New Mexican citizens who worked in these DOE installations, or their surviving spouses, secure

the scientific evidence, navigate the legal complexities, and prepare the application properly to

receive a meaningful consideration in the process.

ADMINISTRATIVE IMPLICATIONS

At least 1 FTE would be required to coordinate the intake, assess the needs, and evaluate the

expertise required to assist the applicant, assuming legal and other expertise would be acquired

through contractual services.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 779 relates to the appropriation made to the Office of the Governor in HB2 for FY08.

TECHNICAL ISSUES

HB 779 has an emergency clause.

At least 1 FTE would need to be authorized, or another vacant position reclassified, to fulfill the

purpose of the office of nuclear advocacy.

House Bill 779 – Page

3

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Additional assistance for claimants to the Employees Occupational Illness Compensation

Program, other than that provided by federal resource centers at the state level, will not be

provided.

POSSIBLE QUESTIONS

1.

How will the “advocacy and technical" assistance be provided.

2.

What public outreach efforts would be needed.

3.

Approximately how many people would qualify for the services.

4.

What would be the administrative requirements to fulfill the program.

MA/mt