Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Tripp

ORIGINAL DATE

LAST UPDATED

1-26-07

1-30-07 HJM 6/aHENRC

SHORT TITLE Combat Illegal Dumping in New Mexico

SB

ANALYST Aubel

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total

Cost

Recurring

or Non-

Rec

Fund

Affected

Total

$100.0*

Non-Rec General

Fund

Indeterminate*

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

* See Fiscal Impact

Companion to HB 180

SOURCES OF INFORMATION

LFC Files

Responses Received From

Energy, Minerals and Natural Resources Department (EMNRD)

New Mexico Association of Counties (NMAC)

New Mexico Environment Department (NMED)

Office of the State Engineer (OSE)

SUMMARY

Synopsis of HENRC Amendment

The House Energy and Natural Resources Committee amendment to House Joint Memorial 6

adds “community land grants that are political subdivisions of the state" to the list of

representatives to participate in the “coalition for a clean New Mexico" for combating illegal

dumping.

Synopsis of Original Bill

House Joint Memorial 6 requests the New Mexico Environment Department, the United States

Department of the Interior Bureau of Land Management, and the New Mexico Association of

Counties form a “coalition for a clean New Mexico" composed of representatives of various

House Joint Memorial 6/aHENRC – Page

2

organizations to develop a strategy, make recommendations on policy direction, standards, and

planning to combat illegal dumping in New Mexico, and present a strategic plan to the

appropriate legislative committee by January 1, 2008.

FISCAL IMPLICATIONS

HJM 6 does not appropriate funding for the collation. However, a companion bill, HB 180,

appropriates $100.0 thousand to NMED for operating expenditures in FY08 to organize what is

termed in that bill as a “task force." The appropriation of $100.0 thousand to NMED contained in

that bill is a non-recurring expense to the general fund. Any unexpended or unencumbered

balance remaining at the end of FY08 would revert to the general fund.

EMNRD pointed out that HB 180 funds the agency organizing the task force (NMED) but that

each entity participating in the task force will incur costs that are not funded. The cost for

additional agencies involved in the coalition would depend on the number of participating

entities funded from state funds and the extent of their participation.

In addition, a substantively different budget impact would likely be experienced by the agencies

involved in implementing the coalition recommendations and that such amounts would be

recurring as an ongoing illegal dumping program starting in FY09. These recurring funds would

depend on the scope of the program and the number of agencies involved.

Except for NMED, no responding agency identified specific dollar impacts for either the

coalition portion in FY08 or the ongoing program portion beginning in FY09.

SIGNIFICANT ISSUES

NMED stated that illegal dumping is a serious and chronic problem in New Mexico and that it

has aggressively sought to educate municipal and county governments, Native American tribes,

and other state agencies regarding abatement of illegal dump sites at illegal dumping summits for

the last five years. NMED believes that the creation of a coalition on illegal dumping is the next

step that is needed to continue, support and enhance these state-wide efforts.

The NMAC pointed out that forming a statewide coalition could allow local, state and federal

entities to utilize shared resources and leverage possible additional funding.

PERFORMANCE IMPLICATIONS

NMED stated that would be no negative performance implications. EMNRD reports that such a

coalition may indirectly benefit the Oil Conservation Division, because its duties include

prevention of illegal dumping of oilfield wastes.

ADMINISTRATIVE IMPLICATIONS

Without funding, it is likely that agencies other than NMED would have only minimal

participation. Without laying the groundwork for implementing the task force recommendations

as part of the original appropriation, the task force product may have minimal impact on

reducing illegal dumping.

House Joint Memorial 6/aHENRC – Page

3

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

A companion bill, House Bill 180, provides an appropriation to NMED to form a “task force" on

illegal dumping.

TECHNICAL ISSUES

EMNRD noted that HJM 6 requests a “coalition" of various entities to study illegal dumping and

prepare a strategic plan, while HB 180 appears to be the appropriation for this coalition and

names NMED as its leader. However, because HJM 6 uses the term “coalition" and HB180 uses

the term “task force," this relation is unclear. There is no language in HB 180 tying the

appropriation to the successful passage of HJM 6. EMNRD suggested if HB 180 was intended

to fund the coalition discussed in HJM 6, using the same term in both HJM 6 and HB 180 would

help clarify the intention. EMNRD also noted that if HJM 6 were adopted, but not HB 180,

NMED would not have the resources to carry out the requested activities.

EMNRD pointed out that “illegal dumping" is not clearly defined in either HJM 6 or HB 180,

and that such guidance to the task force or coalition is therefore lacking.

OSA indicated that, by itself, the purpose of this memorial is likely to be unfulfilled as the

legislature does not designate any person or agency as being responsible for carrying out the

legislative request.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

EMNRD maintained that it is unclear what happens if HJM 6 is not adopted and HB 180

becomes law. HB 180 will then be funding a “task force" on illegal dumping, but NMED will

have no guidance on who is to be included in the task force or what the task force is supposed to

do. If neither the HJM 6 nor HB 180 passes, the individual agencies charged with preventing

illegal dumping will continue to work without the assistance of a “coalition."

MA/sb:csd