SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 1

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO THE ENVIRONMENT; PROVIDING FOR COUNTY AND MUNICIPAL RECYCLING PROGRAMS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2000; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

     Section 1. [NEW MATERIAL] COUNTIES AND MUNICIPALITIES--RECYCLING PROGRAMS.--All counties and municipalities shall develop recycling programs by December 31, 2009 and implement them by July 1, 2010 pursuant to the Solid Waste Act and the environmental improvement board's rules for certification. Certified county and municipality recycling programs shall be eligible for financing from the litter control and beautification fund pursuant to Section 67-16-14 NMSA 1978. The board's rules shall provide for flexibility in certification standards for compliance by counties or municipalities based on a county's or municipality's fiscal capacity and geographic location.

     Section 2. Section 67-16-14 NMSA 1978 (being Laws 1985, Chapter 23, Section 14, as amended) is amended to read:

     "67-16-14. LITTER CONTROL AND BEAUTIFICATION FUND--CREATED--BEAUTIFICATION FEE.--The "litter control and beautification fund" is created in the state treasury. The beautification fee of fifty cents ($.50) per registration year imposed pursuant to Section 66-6-6.2 NMSA 1978, collected from the registration fee of vehicles registered pursuant to Section 66-3-1 NMSA 1978 or the Motor Transportation Act, shall be deposited in the fund. All income earned on the fund shall be credited to the fund. Fifty percent of the fund is appropriated to the department for the purpose of carrying out the provisions of the Litter Control and Beautification Act, and fifty percent of the fund is appropriated to the department of environment to grant to counties and municipalities for their certified recycling programs based on prioritization standards adopted by the environmental improvement board. The money in the fund shall not revert at the end of any fiscal year."

     Section 3. Section 74-1-8 NMSA 1978 (being Laws 1971, Chapter 277, Section 11, as amended by Laws 2000, Chapter 86, Section 2 and also by Laws 2000, Chapter 96, Section 2) is amended to read:

     "74-1-8. BOARD--DUTIES.--

          A. The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate rules and standards in the following areas:

                (1) food protection;

                (2) water supply, including a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act and rules authorizing imposition of administrative penalties for enforcement;

                (3) liquid waste, including exclusive authority to establish on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems;

                (4) air quality management as provided in the Air Quality Control Act;

                (5) radiation control and establishment of license and registration and other related fees not to exceed fees charged by the United States nuclear regulatory commission for similar licenses as provided in the Radiation Protection Act;

                (6) noise control;

                (7) nuisance abatement;

                (8) vector control;

                (9) occupational health and safety as provided in the Occupational Health and Safety Act;

                (10) sanitation of public swimming pools and public baths;

                (11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health;

                (12) medical radiation, health and safety certification and standards for radiologic technologists as provided in the Medical Radiation Health and Safety Act;

                (13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act; and

                (14) solid waste [as provided in] and recycling programs pursuant to the Solid Waste Act.

          B. Nothing in Subsection A of this section imposes requirements for the approval of subdivision plats in addition to those required elsewhere by law. Nothing in Subsection A of this section preempts the authority of any political subdivision to approve subdivision plats.

          C. Administrative penalties collected pursuant to Paragraph (2) of Subsection A of this section shall be deposited in the water conservation fund.

          D. On-site liquid waste system fees shall be deposited in the liquid waste fund.

          [D.] E. Radiation license and registration and other related fees shall be deposited in the radiation protection fund."

     Section 4. Section 74-9-3 NMSA 1978 (being Laws 1990, Chapter 99, Section 3) is amended to read:

     "74-9-3. DEFINITIONS.--As used in the Solid Waste Act:

          A. "agricultural" means all methods of production and management of livestock, crops, vegetation and soil. This includes, but is not limited to, raising, harvesting and marketing. It also includes, but is not limited to, the activities of feeding, housing and maintaining animals such as cattle, dairy cows, sheep, goats, hogs, horses and poultry;

          B. "board" means the environmental improvement board;

          C. "commercial hauler" means any person transporting solid waste for hire by whatever means for the purpose of disposing of the solid waste in a solid waste facility, except that the term does not include an individual transporting solid waste generated on or from [his] the person's residential premises for the purpose of disposing of it in a solid waste facility;

          D. "construction and demolition debris" means materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing materials, pipe, gypsum wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project, and includes rocks, soil, tree remains, trees and other vegetative matter that normally results from land clearing or land development operations for a construction project, but if construction and demolition debris is mixed with any other types of solid waste, whether or not originating from the construction project, it loses its classification as construction and demolition debris;

          E. "densified-refuse-derived fuel" means a product resulting from the processing of mixed municipal solid waste in a manner that produces a fuel suitable for combustion in existing or new solid-fuel-fired boilers;

          F. "director" means the director of the environmental improvement division of the [health and environment] department of environment;

          G. "division" means the environmental improvement division of the [health and environment] department of environment;

          H. "municipality" means any incorporated city, town or village, whether incorporated under general act, special act or special charter, incorporated counties and H class counties;

          I. "person" means an individual or any entity, including federal, state and local governmental entities, however organized;

          J. "plan" or "state plan" means the solid waste management plan required to be developed under Section [4 of the Solid Waste Act] 74-9-4 NMSA 1978;

          K. "program" or "state program" means the comprehensive solid waste management program described in Section [12 of the Solid Waste Act] 74-9-12 NMSA 1978;

          L. "recyclable materials" means materials that would otherwise become solid waste if not recycled and that can be collected, separated or processed and placed in use in the form of raw materials, products or densified-refuse-derived fuels and includes paper, metal, glass and plastics;

          M. "recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products;

          N. "solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities. "Solid waste" does not include:

                (1) drilling fluids, produced waters and other non-domestic wastes associated with the exploration, development or production, transportation, storage, treatment or refinement of crude oil, natural gas, carbon dioxide gas or geothermal energy;

                (2) fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels and wastes produced in conjunction with the combustion of fossil fuels that are necessarily associated with the production of energy and that traditionally have been and actually are mixed with and are disposed of or treated at the same time with fly ash, bottom ash, boiler slag or flue gas emission control wastes from coal combustion;

                (3) waste from the extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore, coal, copper, molybdenum and other ores and minerals;

                (4) agricultural waste, including, but not limited to, manures and crop residues returned to the soil as fertilizer or soil conditioner;

                (5) cement kiln dust waste;

                (6) sand and gravel;

                (7) solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1342 or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. Section 2011 et seq.;

                (8) densified-refuse-derived fuel; or

                (9) any material regulated by Subtitle C of the federal Resource Conservation and Recovery Act of 1976, substances regulated by the federal Toxic Substances Control Act or low-level radioactive waste;

          O. "solid waste district" means a geographical area designated by the board as a solid waste district under Section [11 of the Solid Waste Act] 74-9-11 NMSA 1978;

          P. "solid waste facility" means any public or private system, facility, location, improvements on the land, structures or other appurtenances or methods used for processing, transformation, recycling or disposal of solid waste, including landfill disposal facilities, transfer stations, resource recovery facilities, incinerators and other similar facilities not specified, but does not include equipment specifically approved by order of the director to render medical waste noninfectious or a facility [which] that is permitted pursuant to the provisions of the Hazardous Waste Act and does not apply to a facility fueled by a densified-refuse-derived fuel that accepts no other solid waste;

          Q. "source reduction" means any action that causes a net reduction in the generation, volume or toxicity of solid waste;

          R. "special waste" means solid waste that has unique handling, transportation or disposal requirements to assure protection of the environment and the public health and safety;

          S. "transformation" means incineration, pyrolysis, distillation, gasification or biological conversion other than composting; and

          T. "yard refuse" means vegetative matter resulting from landscaping, land maintenance and land clearing operations."

     Section 5. Section 74-9-6 NMSA 1978 (being Laws 1990, Chapter 99, Section 6) is amended to read:

     "74-9-6. PLAN--REQUIRED PROVISIONS.--The plan shall include at least the following elements:

          A. a waste characterization element that identifies the constituent materials, including but not limited to type, quantity and source, that compose solid waste generated or disposed of, or both, within the state;

          B. a source reduction element that identifies types, quantities and toxicities of solid waste to be reduced, mechanisms to stimulate and enhance reduction, including the impacts on generation of solid waste of packaging, rate structures for collection and disposal economic incentives, and a program implementation schedule to meet the goal stated in Subsection J of this section;

          C. a recycling element that requires counties and municipalities to develop recycling programs, identifies types and quantities of recyclable materials, evaluates and quantifies current levels of recycling efforts in New Mexico, and describes, evaluates and identifies the current and future market structure for recycling, including procurement preferences for recycled materials, and a program implementation schedule to meet the goal stated in Subsection J of this section;

          D. a composting element that identifies both the types and quantities of solid waste that are and those that could be composted, procurement preferences for composted products, a description of the methods and facilities needed to implement the composting element and a program implementation schedule to meet the goal stated in Subsection J of this section;

          E. a solid waste facility capacity element that identifies, for each solid waste district, current landfill disposal capacity and projects the quantity of landfill disposal space that will have to be permitted to maintain an average landfill disposal capacity that will be needed to manage the quantity of solid waste projected to be generated over the next ten years from sources both within and outside of the state, reduced by source reduction, recycling, composting and other programs;

          F. an education and public information element that identifies existing public information and education programs and describes how the state will increase awareness of and cooperation of the public in environmentally safe solid waste management;

          G. a funding element that includes a projected cost of implementation of the plan and recommendations for developing revenue sources for plan implementation to meet the goal stated in Subsection J of this section;

          H. a special waste and household hazardous waste element that identifies types and quantities of those categories of and recommends methods for waste handling, collecting, transporting and disposing of those wastes; identifies existing and future strategies for managing those wastes; and includes an implementation schedule to meet the goal stated in Subsection J of this section;

          I. a siting element that locates and provides a description of areas that could be used for development of adequate transformation or landfill disposal capacity concurrent and consistent with the development and implementation of the plan; and

          J. a goal to divert twenty-five percent of all solid waste from solid waste disposal facilities by July 1, 1995 and fifty percent of all solid waste by July 1, 2000, with a base rate of disposal calculated by multiplying the population of the state by four pounds per person per day for the period used as the base period."

     Section 6. Section 74-9-10 NMSA 1978 (being Laws 1990, Chapter 99, Section 10) is amended to read:

     "74-9-10. BOARD ADOPTION OF REGULATIONS FOR SOURCE REDUCTION AND CERTIFIED COUNTY AND MUNICIPAL RECYCLING PROGRAMS.--

          A. After its approval of the plan, the board shall adopt regulations to establish source reduction and recycling programs consistent with the source reduction and recycling element of the plan and designed to meet the schedule for goal achievement provided in Subsection J of Section [6 of the Solid Waste Act] 74-9-6 NMSA 1978.

          B. The board shall adopt rules for the certification of county and municipal recycling programs by the department, and every county and municipality shall develop a recycling program by December 31, 2009 and implement it by July 1, 2010. The board's rules shall provide for flexibility in certification standards for compliance by counties or municipalities based on a county's or municipality's fiscal capacity and geographic location. County or municipal recycling programs existing prior to the effective date of this 2009 act may apply to the department for certification of their programs for eligibility for funding from the litter control and beautification fund."

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