0001| AN ACT | 0002| RELATING TO HAZARDOUS MATERIALS; ENACTING THE HAZARDOUS MATERIALS | 0003| TRANSPORTATION ACT TO ESTABLISH A HAZARDOUS MATERIALS TRANSPORTATION | 0004| PERMIT PROGRAM; AMENDING THE EMERGENCY MANAGEMENT ACT; PROVIDING A | 0005| PENALTY; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. SHORT TITLE.--Sections 1 through 8 of this act may be | 0009| cited as the "Hazardous Materials Transportation Act". | 0010| Section 2. DEFINITIONS.--As used in the Hazardous Materials | 0011| Transportation Act: | 0012| A. "department" means the taxation and revenue department; | 0013| B. "hazardous material" means: | 0014| (1) a material of a type or in a quantity that requires | 0015| the transport vehicle to be placarded as a carrier of hazardous material | 0016| in accordance with the Code of Federal Regulations, Title 49, Part 171.8 | 0017| or Part 172; or | 0018| (2) a hazardous substance or marine pollutant as | 0019| defined in the Code of Federal Regulations, Title 49, Section 171.8 when | 0020| transported in bulk packaging; | 0021| C. "person" means an individual or any other legal entity; | 0022| and | 0023| D. "public entity" means an agency, instrumentality or | 0024| political subdivision of a federal, state or Indian government. | 0025| Section 3. HAZARDOUS MATERIALS TRANSPORTATION PERMIT--DEPARTMENT | 0001| DUTIES--FEES.-- | 0002| A. Except as provided in Section 4 of the Hazardous | 0003| Materials Transportation Act, a person may not transport a hazardous | 0004| material on a state or federal highway without a permit from the | 0005| department. | 0006| B. The department shall establish regulations for the | 0007| issuance of hazardous materials transportation permits and shall issue | 0008| permits to applicants who meet the requirements of the regulations. | 0009| C. Hazardous materials transportation permits shall be | 0010| issued for a period not to exceed twelve months for a fee of two hundred | 0011| fifty dollars ($250), regardless of the number of vehicles or | 0012| combination of vehicles operated by the permit applicant, or the | 0013| department may issue a permit for a single shipment of hazardous | 0014| materials for a fee of seventy-five dollars ($75.00). | 0015| D. Public entities may acquire a hazardous materials | 0016| transportation permit exempt from the fee in Subsection C of this | 0017| section. | 0018| E. A copy of any hazardous materials transportation permit | 0019| issued pursuant to this section shall be carried in each vehicle | 0020| included under conditions of the permit. Hazardous materials | 0021| transportation permits shall be open for inspection by any peace | 0022| officer. | 0023| F. Fees collected pursuant to this section shall be | 0024| deposited in the general fund. | 0025| Section 4. EXEMPTIONS.--The following activities are exempt from | 0001| the Hazardous Materials Transportation Act: | 0002| A. the transportation of pesticides as defined in Subsection | 0003| N of Section 76-4-3 NMSA 1978 in quantities not required to be placarded | 0004| under the Code of Federal Regulations, Title 49, Part 172 when | 0005| transported by a commercial applicator as defined in Subsection W of | 0006| Section 76-4-3 NMSA 1978; | 0007| B. the transportation by a farmer or a rancher of a | 0008| hazardous material for use on a farm or a ranch; | 0009| C. the transportation of a hazardous waste designated as | 0010| "special waste" by the department and the secretary of environment; | 0011| D. the transportation of a fertilizer or agricultural | 0012| chemical by the retailer of the product to a farm or a ranch within a | 0013| seventy-five mile radius of the retailer for use only on the farm or the | 0014| ranch to which the material is transported; and | 0015| E. the transportation of drilling fluids, produced waters | 0016| and other wastes associated with the exploration, development or | 0017| production of crude oil, natural gas or geothermal energy. | 0018| Section 5. PERMIT SUSPENSION, REVOCATION OR DENIAL.--The | 0019| department may suspend or revoke a hazardous materials transportation | 0020| permit or order the suspension of the transportation of hazardous | 0021| material under a permit if a permittee violates conditions of a | 0022| hazardous materials transportation permit. The department shall not | 0023| issue a permit to an applicant who has violated the conditions of a | 0024| hazardous materials transportation permit issued by this state, another | 0025| state or the federal government or to any applicant who has violated | 0001| Section 3 of the Hazardous Materials Transportation Act. A person is | 0002| entitled to a hearing if the person's application for a permit has been | 0003| denied or if the person's permit has been suspended or revoked. | 0004| Section 6. BASE STATE AGREEMENTS.--The department may enter into | 0005| agreements with other states, the federal government, Canada, Mexico or | 0006| other participating organizations to provide for reciprocal permitting | 0007| of persons transporting hazardous materials and for the efficient | 0008| administration of the Hazardous Materials Transportation Act. | 0009| Section 7. PREEMPTION.--All existing hazardous materials | 0010| transportation registration or permitting programs administered by | 0011| political subdivisions of the state are void and preempted by the | 0012| Hazardous Materials Transportation Act. | 0013| Section 8. CIVIL PENALTY.--Any person who violates Section 3 of | 0014| the Hazardous Materials Transportation Act shall be subject to a civil | 0015| penalty not to exceed two thousand dollars ($2,000) for each offense. | 0016| All actions to recover the penalties provided for in this section may be | 0017| brought by the department before a district court. The department may | 0018| bring an action in the district court seeking injunctive relief to | 0019| enforce provisions of the Hazardous Materials Transportation Act. All | 0020| penalties recovered in any such action shall be paid into the general | 0021| fund. | 0022| Section 9. Section 74-4B-4 NMSA 1978 (being Laws 1983, Chapter | 0023| 80, Section 4, as amended) is amended to read: | 0024| "74-4B-4. STATE RESPONSIBILITY FOR MANAGEMENT OF ACCIDENTS--IMMU- | 0025| NITY FROM LIABILITY--COOPERATIVE AGREEMENTS--PRIVATE PROPERTY.-- | 0001| A. The secretary shall have final authority to administer | 0002| the provisions of the Emergency Management Act. | 0003| B. As between state and local governments, the state govern- | 0004| ment has the primary responsibility for the management of an accident, | 0005| and the local government in whose jurisdiction the accident occurs shall | 0006| assist the state in its management of the accident. | 0007| C. Nothing in the Emergency Management Act shall be con- | 0008| strued as a waiver or alteration of the immunity from liability granted | 0009| under the Tort Claims Act or as a waiver of any other immunity or privi- | 0010| lege under law. | 0011| D. The state, through the secretary or his designee, may | 0012| enter into cooperative agreements with county and municipal governments | 0013| for the management of accidents based on the severity of the accident | 0014| and the resources of the local government. The plan shall set forth the | 0015| criteria for | 0016| determining when an accident may be managed by the local government in | 0017| whose jurisdiction the accident occurred. | 0018| E. The secretary shall support emergency response | 0019| capabilities by assisting local and state responders in the acquisition | 0020| of equipment, training and hazardous materials information. | 0021| F. The state, through the secretary or his designee, may | 0022| enter into cooperative agreements with the federal government, Indian | 0023| tribes and pueblos and bordering states for assistance in the management | 0024| of accidents. | 0025| G. Whenever an accident appears imminent or has occurred | 0001| employees or authorized persons of responsible state agencies as defined | 0002| in Section 74-4B-5 NMSA 1978 are authorized to enter upon any premises | 0003| for the purpose of determining whether it is necessary for emergency | 0004| management procedures to be implemented. The state on-scene coordinator | 0005| or a responsible state agency may take full control and custody of the | 0006| premises for the purpose of managing the accident." | 0007| Section 10. REPEAL.--Section 7-15A-11 NMSA 1978 (being Laws 1988, | 0008| Chapter 14, Section 2, as amended) is repealed. | 0009| Section 11. EFFECTIVE DATE.--The effective date of the provisions | 0010| of this act is July 1, 1996. | 0011| | 0012| HB | 0013| 486 | 0014| Page  |