HOUSE BILL 29

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Cathrynn N. Brown

FOR THE RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE

AN ACT

RELATING TO PUBLIC SAFETY; PROVIDING FOR REMEDIATION OF THE DANGER POSED BY THE CARLSBAD BRINE WELL; CREATING THE CARLSBAD BRINE WELL REMEDIATION ADVISORY AUTHORITY; CREATING THE CARLSBAD BRINE WELL REMEDIATION FUND.

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

     SECTION 1. [NEW MATERIAL] CARLSBAD BRINE WELL REMEDIATION ADVISORY AUTHORITY--CREATED--MEMBERSHIP--ADMINISTRATION OF THE CARLSBAD BRINE WELL REMEDIATION.--

          A. The "Carlsbad brine well remediation advisory authority" is created. The membership of the board of directors of the authority shall consist of the following seven members:

                (1) the mayor of the city of Carlsbad, who shall serve as chair of the board, or the mayor's designee;

                (2) the chair of the Eddy county board of county commissioners or the chair's designee;

                (3) the secretary of energy, minerals and natural resources or the secretary's designee;

                (4) the secretary of environment or the secretary's designee;

                (5) the secretary of transportation or the secretary's designee;

                (6) the manager of the Carlsbad irrigation district or the manager's designee; and

                (7) the attorney general or the attorney general's designee.

          B. The advisory authority:

                (1) shall set policy for and advise the oil conservation division of the energy, minerals and natural resources department on the remediation of the Carlsbad brine well located at: Unit Letter M (SW/4 of the SW/4) in Section 17, Township 22 South, Range 27 East, NMPM; Eddy County, New Mexico; and

                (2) is granted all powers necessary and appropriate to provide advice to the division for a revenue source dedicated to the Carlsbad brine well remediation fund.

     SECTION 2. [NEW MATERIAL] CARLSBAD BRINE WELL REMEDIATION FUND--CREATED--PURPOSE--CONDITIONS.--

          A. There is created the "Carlsbad brine well remediation fund". The fund shall be used by the oil conservation division of the energy, minerals and natural resources department to the extent that revenues are available to remediate the Carlsbad brine well.

          B. Money in the fund may consist of federal grants, appropriations, donations, earnings from investment of the fund and other revenue that from time to time may accrue to the fund from other sources for remediation of the Carlsbad brine well.

          C. Money in the fund shall be subject to appropriation by the legislature and shall not revert at the end of any fiscal year.

     SECTION 3. [NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The Carlsbad brine well remediation advisory authority is terminated on July 1, 2029 pursuant to the Sunset Act. The advisory authority shall continue to operate according to the provisions of this act until July 1, 2030. Effective July 1, 2030, this act is repealed.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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