RELATING TO ALTERNATIVE FUEL; MOVING THE ALTERNATIVE FUEL CONVERSION PROGRAM FROM THE GENERAL SERVICES DEPARTMENT TO THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT.

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

Section 1. Section 9-17-7 NMSA 1978 (being Laws 1992, Chapter 58, Section 8, as amended) is recompiled as Section

9-5A-8 NMSA 1978 and is amended to read:

"9-5A-8. STATE ALTERNATIVE FUEL PROGRAM MANAGER-- CREATION--DUTIES.--A "state alternative fuel program manager" is created in the energy conservation and management division of the energy, minerals and natural resources department, and his duties shall include:

A. promoting, coordinating and monitoring the implementation of state clean alternative fuel transportation programs, including a mass transit demonstration project and other demonstration projects that place New Mexico on the leading edge of new clean fuel technologies;

B. coordinating and directing the provisions of the Alternative Fuel Conversion Act; and

C. mobilizing and coordinating necessary resources and expertise from government, education and the private sector to assist in clean alternative fuel transportation programs and projects."

Section 2. Section 13-1B-2 NMSA 1978 (being Laws 1992, Chapter 58, Section 2, as amended) is amended to read:

"13-1B-2. DEFINITIONS.--As used in the Alternative Fuel Conversion Act:

A. "alternative fuel" means natural gas, liquefied petroleum gas, electricity, hydrogen, a fuel mixture containing not less than eighty-five percent ethanol or methanol or a water-phased hydrocarbon fuel emulsion consisting of a hydrocarbon base and water in an amount not less than twenty percent by volume of the total water-phased fuel emulsion;

B. "conventional fuel" means gasoline or diesel fuel;

C. "department" means the energy, minerals and natural resources department;

D. "fund" means the alternative fuel conversion loan fund;

E. "political subdivision" means a county, municipality or school district;

F. "post-secondary institution" means two- and four-year public post-secondary institutions; and

G. "vehicle" means a passenger car, bus or light, medium or heavy duty truck."

Section 3. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On July 1, 1998:

A. all personnel, appropriations, money, records, property, equipment and supplies of the state alternative fuel program shall be transferred to the energy, minerals and natural resources department;

B. all contracts and other obligations of the general services department pertaining to the state alternative fuel program shall be binding and effective on the energy, minerals and natural resources department; and

C. all references in law to the state alternative fuel program in the general services department shall be deemed to be references to the state alternative fuel program of the energy, minerals and natural resources department.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1998.

HB 260

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