SENATE BILL 396

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO WATER; CREATING THE DRY COMMUNITY EMERGENCY FUND; AUTHORIZING THE SECRETARY OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT TO EXPEND MONEY FROM THE FUND TO RESPOND TO CERTAIN WATER EMERGENCIES; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] DRY COMMUNITY EMERGENCY FUND.--The "dry community emergency fund" is created in the state treasury. The homeland security and emergency management department shall administer the fund. The fund may be composed of appropriations and transfers of money to the fund. Balances remaining in the fund at the end of a fiscal year shall revert to the general 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 homeland security and emergency management or the secretary's authorized representative. Money in the fund is appropriated to the department for the sole purpose of assisting any area of the state suffering a loss of access to water due to an emergency that threatens the public health, safety or welfare where there is a real or potential negative impact on public health or water quality.

     SECTION 2. [NEW MATERIAL] EXPENDITURE OF THE DRY COMMUNITY EMERGENCY FUND.--In addition to any emergency money authorized for expenditure by the governor pursuant to the provisions of Sections 12-11-23 through 12-11-25 NMSA 1978, money from the dry community emergency fund may be expended at the direction of the secretary of homeland security and emergency management to assist any area of the state suffering a loss of access to water due to an emergency that threatens the public health, safety or welfare where there is a real or potential negative impact on public health or water quality.

     SECTION 3. [NEW MATERIAL] REPLENISHMENT OF THE DRY COMMUNITY EMERGENCY FUND.--If all money in the dry community emergency fund is depleted during the fiscal year, the governor may declare an emergency pursuant to Sections 12-11-23 through 12-11-25 NMSA 1978 and replenish the fund with up to two hundred thousand dollars ($200,000) from the surplus unappropriated money in the general fund, if any.

     SECTION 4. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the dry community emergency fund for expenditure in fiscal year 2016 to carry out the purposes of the dry community emergency fund. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.

- 3 -