0001| HOUSE BILL 475 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JAMES ROGER MADALENA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO FEDERAL LANDS; AMENDING A SECTION OF THE NMSA 1978; | 0012| DECLARING AN EMERGENCY. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 74-6B-7 NMSA 1978 (being Laws 1990, | 0016| Chapter 124, Section 7, as amended) is amended to read: | 0017| "74-6B-7. CORRECTIVE ACTION FUND CREATED--AUTHORIZATION | 0018| FOR EXPENDITURES.-- | 0019| A. There is created the "corrective action fund". | 0020| This fund is intended to provide for financial assurance | 0021| coverage required by federal law and shall be used by the | 0022| department to the extent that revenues are available to take | 0023| corrective action in response to a release, to pay for the | 0024| costs of a minimum site assessment in excess of ten thousand | 0025| dollars ($10,000), to pay the state's share of federal | 0001| leaking underground storage tank trust fund cleanup costs as | 0002| required by the federal Resource Conservation and Recovery Act | 0003| and to make payments to or on behalf of owners and operators in | 0004| accordance with Section 74-6B-13 NMSA 1978. The owner or | 0005| operator of a site shall not use the corrective action fund as | 0006| evidence of financial assurance to satisfy claims of third | 0007| parties. | 0008| B. The board, after recommendations from the | 0009| underground storage tank committee, shall adopt regulations for | 0010| establishing priorities for corrective action at sites | 0011| contaminated by underground storage tanks. The priorities for | 0012| corrective action shall be based on public health, safety and | 0013| welfare and environmental concerns. In adopting regulations | 0014| pursuant to this subsection, the board shall follow the | 0015| procedures of Section 74-4-5 NMSA 1978. The provisions of that | 0016| section relating to all other matters in connection with the | 0017| adoption of regulations shall apply. The department shall | 0018| establish priority lists of sites in accordance with the | 0019| regulations adopted by the board. | 0020| C. The department shall make expenditures from the | 0021| corrective action fund in accordance with regulations adopted | 0022| by the board or the secretary for corrective action at sites | 0023| contaminated by underground storage tanks; provided that the | 0024| secretary shall adopt regulations by October 1, 1995 that | 0025| require payments made pursuant to the Ground Water Protection | 0001| Act to be based on a competitive bid procedure based on | 0002| technical merit and cost-effectiveness. Payments may be made | 0003| only for corrective action conducted by firms qualified by the | 0004| department to perform such work pursuant to regulations adopted | 0005| by the board. No expenditures from the corrective action fund | 0006| shall be paid to or on behalf of tank owners or operators for | 0007| corrective action, other than a minimum site assessment or | 0008| sampling, where the corrective action was conducted by firms or | 0009| entities that are subsidiaries, parents or otherwise affiliate | 0010| firms or entities of the owner or operators. These | 0011| expenditures shall be made by the department to perform | 0012| corrective action, to pay for the costs of a minimum site | 0013| assessment in excess of ten thousand dollars ($10,000) and to | 0014| make payments to or on behalf of owners and operators in | 0015| accordance with Section 74-6B-13 NMSA 1978. The department | 0016| shall take corrective action at sites in the order of priority | 0017| appearing on the priority lists, except when an emergency | 0018| threat to public health, safety and welfare or to the | 0019| environment exists. When available revenues are limited and | 0020| the fund can no longer be approved as a financial | 0021| responsibility mechanism, priorities for expenditures from the | 0022| corrective action fund shall also be based on financial need as | 0023| determined by regulations adopted by the department no later | 0024| than October 1, 1995. | 0025| D. No expenditure from the corrective action fund | 0001| shall be authorized for corrective action at sites owned or | 0002| operated by the United States or any agency or instrumentality | 0003| thereof, but an expenditure may be made from the fund to | 0004| benefit an Indian nation, tribe or pueblo in New Mexico. | 0005| E. Nothing in this section authorizes payments for | 0006| the repair or replacement of any underground storage tank or | 0007| equipment. | 0008| F. Nothing in this section authorizes payments or | 0009| commitments for payments in excess of the funds available. | 0010| G. Within sixty days after receipt of notification | 0011| that the corrective action fund has become incapable of paying | 0012| for assured corrective actions, the owner or operator shall | 0013| obtain alternative financial assurance acceptable to the | 0014| department." | 0015| Section 2. EMERGENCY.--It is necessary for the public | 0016| peace, health and safety that this act take effect immediately. | 0017|  State of New Mexico | 0018| House of Representatives | 0019| | 0020| FORTY-THIRD LEGISLATURE | 0021| FIRST SESSION, 1997 | 0022| | 0023| | 0024| February 7, 1997 | 0025| | 0001| | 0002| Mr. Speaker: | 0003| | 0004| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to | 0005| whom has been referred | 0006| | 0007| HOUSE BILL 475 | 0008| | 0009| has had it under consideration and reports same with | 0010| recommendation that it DO PASS, and thence referred to the | 0011| APPROPRIATIONS AND FINANCE COMMITTEE. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| James Roger Madalena, Chairman | 0020| | 0021| | 0022| Adopted Not Adopted | 0023| | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| Date | 0002| | 0003| The roll call vote was 8 For 0 Against | 0004| Yes: 8 | 0005| No: 0 | 0006| Excused: Garcia, Getty, Ryan, Stewart | 0007| Absent: None | 0008| | 0009| | 0010| G:\BILLTEXT\BILLW_97\H0475 |