SENATE BILL 487
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
David Ulibarri
AN ACT
RELATING TO THE ENVIRONMENT; IMPOSING THE ABANDONED URANIUM MINE RECLAMATION FEE; PROVIDING A PROGRAM TO SURVEY AND RECLAIM ABANDONED URANIUM MINES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] ABANDONED URANIUM MINE RECLAMATION FUND--RECLAMATION OF ABANDONED MINES.--
A. The "abandoned uranium mine reclamation fund" is created in the state treasury. The fund shall consist of distributions of the abandoned uranium mine reclamation fee and any transfers, appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the mining and minerals division of the energy, minerals and natural resources department for the purposes of carrying out the provisions of Subsection B of this section. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources.
B. Pursuant to rules adopted by the energy, minerals and natural resources department and subject to the availability of money in the abandoned uranium mine reclamation fund, the director of the mining and minerals division of the department shall implement a program to survey abandoned uranium mines located on state and federal lands, to plan for the reclamation of abandoned uranium mines that have not been reclaimed or that have been improperly reclaimed and to reclaim the abandoned mines.
C. No later than December 15 of each year, the director of the mining and minerals division of the energy, minerals and natural resources department shall prepare a report detailing activities conducted during the previous fiscal year pursuant to Subsection B of this section. The report shall be submitted to the secretary of energy, minerals and natural resources, the governor and the legislature.
Section 2. Section 7-1-6.20 NMSA 1978 (being Laws 1985, Chapter 65, Section 6, as amended) is amended to read:
"7-1-6.20. IDENTIFICATION OF MONEY IN EXTRACTION TAXES SUSPENSE FUND--DISTRIBUTION.--
A. Except as provided in Subsection B of this section, after the necessary disbursements have been made from the extraction taxes suspense fund, the money remaining in the suspense fund as of the last day of the month shall be identified by tax source and distributed or transferred in accordance with the provisions of Sections 7-1-6.21 through
7-1-6.23 and 7-1-6.59 NMSA 1978. After the necessary distributions and transfers, any balance, except for remittances unidentified as to source or disposition, shall be transferred to the general fund.
B. Payments on assessments issued by the department pursuant to the Oil and Gas Conservation Tax Act, the Oil and Gas Emergency School Tax Act, the Oil and Gas Ad Valorem Production Tax Act and the Oil and Gas Severance Tax Act shall be held in the extraction taxes suspense fund until the secretary determines that there is no substantial risk of protest or other litigation, whereupon after the necessary disbursements have been made from the extraction taxes suspense fund, the money remaining in the suspense fund as of the last day of the month attributed to these payments shall be identified by tax source and distributed or transferred in accordance with the provisions of Sections 7-1-6.21 through
7-1-6.23 NMSA 1978. After the necessary distributions and transfers, any balance, except for remittance unidentified as to source or disposition, shall be transferred to the general fund."
Section 3. A new section of the Tax Administration Act, Section 7-1-6.59 NMSA 1978, is enacted to read:
"7-1-6.59. [NEW MATERIAL] DISTRIBUTION--ABANDONED URANIUM MINE RECLAMATION FUND.--A distribution pursuant to Section
7-1-6.20 NMSA 1978 of the net receipts attributable to the abandoned uranium mine reclamation fee shall be made to the abandoned uranium mine reclamation fund."
Section 4. A new section of the Resources Excise Tax Act, Section 7-25-6.1 NMSA 1978, is enacted to read:
"7-25-6.1. [NEW MATERIAL] IMPOSITION OF ABANDONED URANIUM MINE RECLAMATION FEE.--
A. For the privilege of severing uranium, the "abandoned uranium mine reclamation fee" is imposed on:
(1) any severer of uranium in New Mexico; and
(2) any person in New Mexico engaged in severing uranium that is owned by another person and for which the abandoned uranium mine reclamation fee is not paid pursuant to Paragraph (1) of this subsection.
B. The abandoned uranium mine reclamation fee is measured by the quantity of U3O8 contained in and recoverable from severed and saved uranium-bearing ore, measured in a standard manner established by rule of the department. The fee is twenty-five cents ($.25) per pound of severed and saved U3O8 contained in severed uranium-bearing ore."
Section 5. DELAYED REPEAL.--Section 7-25-6.1 NMSA 1978, as enacted by Section 4 of this 2008 act, is repealed effective July 1, 2014.
Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.
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