0001| AN ACT | 0002| RELATING TO THE PETROLEUM PRODUCTS LOADING FEE; INCREASING THE PETROLEUM | 0003| PRODUCTS LOADING FEE; PROVIDING FOR CHANGES IN THE PETROLEUM PRODUCTS | 0004| LOADING FEE UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTIONS OF THE NMSA | 0005| 1978. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 7-1-6.25 NMSA 1978 (being Laws 1988, Chapter | 0009| 70, Section 9, as amended) is amended to read: | 0010| "7-1-6.25. DISTRIBUTION OF PETROLEUM PRODUCTS LOADING FEE--CORRECTIVE ACTION FUND--LOCAL GOVERNMENTS ROAD FUND.--A distribution | 0011| pursuant to Section 7-1-6.1 NMSA 1978 of the net receipts attributable | 0012| to the petroleum products loading fee shall be made to each of the | 0013| following funds in the following amounts: | 0014| A. to the local governments road fund an amount equal to the | 0015| net receipts attributable to a fee of forty dollars ($40.00) per load; | 0016| and | 0017| B. to the corrective action fund the balance, if any, of the | 0018| net receipts." | 0019| Section 2. Section 7-13A-3 NMSA 1978 (being Laws 1990, Chapter | 0020| 124, Section 16) is amended to read: | 0021| "7-13A-3. IMPOSITION AND RATE OF FEE--DENOMINATION AS "PETROLEUM | 0022| PRODUCTS LOADING FEE".-- | 0023| A. For the privilege of loading gasoline or special fuel | 0024| from a rack at a refinery or pipeline terminal in this state into a | 0025| cargo tank, there is imposed a fee on the distributor at a rate provided | 0001| in Subsection C of this section on each gallon of gasoline or special | 0002| fuel loaded in New Mexico on which the petroleum products loading fee | 0003| has not been previously paid. | 0004| B. For the privilege of importing gasoline or special fuel | 0005| into this state for resale or consumption in this state there is imposed | 0006| a fee determined as provided in Subsection C of this section on each | 0007| load of gasoline or special fuel imported into New Mexico for resale or | 0008| consumption on which the petroleum products loading fee has not been | 0009| previously paid. For the purposes of this section, "load" means eight | 0010| thousand gallons of gasoline or special fuel. To determine how many | 0011| loads a person is to report under the provisions of this section, the | 0012| person shall divide by eight thousand the total gallons of gasoline | 0013| reported for the purposes of Section 7-13-3 NMSA 1978 as adjusted under | 0014| the provisions of Section 7-13-4 NMSA 1978 and the total gallons of | 0015| special fuels received in New Mexico less any gallons exempted under | 0016| Section 7-13A-4 NMSA 1978. Loads shall be calculated to the nearest | 0017| one-hundredth of a load. | 0018| C. The fee imposed by this section is and may be referred to | 0019| as the "petroleum products loading fee" and shall be one hundred fifty | 0020| dollars ($150) per load or whichever of the following applies: | 0021| (1) in the event the secretary of environment | 0022| certifies that the unobligated balance of the corrective action fund at | 0023| the end of the prior fiscal year equals or exceeds eighteen million | 0024| dollars ($18,000,000) the fee shall be set at forty dollars ($40.00) per | 0025| load; | 0001| (2) in the event the secretary of environment | 0002| certifies that the unobligated balance of the corrective action fund at | 0003| the end of the prior fiscal year exceeds twelve million dollars | 0004| ($12,000,000) but is less than eighteen million dollars ($18,000,000) | 0005| the fee shall be set at eighty dollars ($80.00) per load; | 0006| (3) in the event the secretary of environment | 0007| certifies that the unobligated balance of the corrective action fund at | 0008| the end of the prior fiscal year exceeds six million dollars | 0009| ($6,000,000) but is less than twelve million dollars ($12,000,000) the | 0010| fee shall be set at one hundred twenty dollars ($120) per load; and | 0011| (4) in the event the secretary of environment | 0012| certifies that the unobligated balance of the corrective action fund at | 0013| the end of the prior fiscal year is less than six million dollars | 0014| ($6,000,000) the fee shall be set at one hundred fifty dollars ($150) | 0015| per load. | 0016| D. The amount of the petroleum products loading fee set | 0017| pursuant to Paragraph (1), (2), (3) or (4) of Subsection C of this | 0018| section shall be imposed on the first day of the month following | 0019| expiration of ninety days after the end of the fiscal year for which the | 0020| certification was made. | 0021| E. As used in this section, "unobligated balance of the | 0022| corrective action fund" means corrective action fund equity less all | 0023| known or anticipated liabilities against the fund." | 0024| Section 3. EFFECTIVE DATE.--The effective date of the provisions | 0025| of this act is July 1, 1996. | 0001| | 0002| HB | 0003| 487 | 0004| Page  |