SENATE BILL 426

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO THE ENVIRONMENT; ENACTING A NEW SECTION OF THE ENVIRONMENTAL IMPROVEMENT ACT; PROVIDING FOR ASSISTANCE TO SMALL WATER AND WASTEWATER SYSTEMS; CREATING A 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] SMALL WATER AND WASTEWATER SYSTEM MANAGEMENT ASSISTANCE FUND--CREATED--PURPOSE.--

          A. The "small water and wastewater system management assistance fund" is created in the state treasury. The department shall administer the fund. The fund is composed of appropriations, gifts, grants and transfers of money that may be made from the department's rural infrastructure program, the tribal infrastructure trust fund or the colonias infrastructure trust fund or money earned from investment of the fund and otherwise accruing to the fund. Balances remaining in the fund at the end of a fiscal year shall remain to the credit of the fund. Disbursements from the fund shall be drawn on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's authorized representative. Money in the fund is appropriated to the department to contract for services to assist small water and wastewater systems to pay for:

                (1) a certified water or wastewater operator to maintain and manage a small water or wastewater system;

                (2) the administrative management of a small water or wastewater system; or

                (3) a certified water or wastewater operator or administrator to train personnel for or otherwise improve and develop the capabilities of the small water or wastewater system.

          B. System operation, maintenance, construction and administrative activities funded by the water and wastewater system management assistance fund shall be performed by persons selected through competitive bid pursuant to guidelines provided by the department.

          C. No more than ten percent of the fund shall be used by the department on an annual basis to pay for the department costs associated with management and implementation of fund activities.

          D. As used in this section:

                (1) "administrative management" means activities such as rate structure development and other system business management, recordkeeping, customer service and customer invoicing and collections; and

                (2) "small water or wastewater system" means a public or tribal water supply or wastewater system that serves no more than five hundred people."

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