0001| | 0002| SENATE BILL 348 | 0003| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0004| INTRODUCED BY | 0005| SHANNON ROBINSON | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE ENVIRONMENT; ESTABLISHING AN OFFICE OF | 0013| CHILDREN'S ENVIRONMENTAL PROTECTION; CREATING A TEMPORARY TASK | 0014| FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO | 0015| CHILDREN; PROVIDING POWERS AND DUTIES; MAKING AN | 0016| APPROPRIATION; DECLARING AN EMERGENCY. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. [|NEW MATERIAL|] FINDINGS.--The legislature | 0020| finds that a growing body of scientific knowledge demonstrates | 0021| that children suffer disproportionately from environmental | 0022| health risks and safety risks. These risks arise in part | 0023| because children's neurological, immunological, digestive and | 0024| other bodily systems are still developing. The legislature | 0025| finds that it is important to address these risks and to | - 1 - 0001| assure New Mexico families that the state is concerned about | 0002| protecting their children's environment. | 0003| Section 2. A new section of the Department of | 0004| Environment Act is enacted to read: | 0005| "[|NEW MATERIAL|] OFFICE OF CHILDREN'S ENVIRONMENTAL | 0006| PROTECTION--DUTIES.--The "office of children's environmental | 0007| protection" is created as a division within the department of | 0008| environment. The office shall: | 0009| A. identify and assess environmental health risks | 0010| and safety risks that may disproportionately affect children; | 0011| B. develop policies, programs, activities and | 0012| standards that address disproportionate risks to children that | 0013| result from environmental health risks or safety risks; | 0014| C. disseminate information about and policies and | 0015| programs to address environmental health risks and safety | 0016| risks to schools and other agencies and entities with programs | 0017| or facilities for children; | 0018| D. work with the superintendent of public | 0019| instruction and the state board of education to carry out a | 0020| program to measure electric and magnetic fields in public | 0021| schools and private schools and daycare centers that receive | 0022| federal or state funds to establish guidelines for reducing | 0023| electric and magnetic field levels as outlined in the electric | 0024| and magnetic field checklist for school buildings and grounds | 0025| construction, a study funded by the United States department | - 2 - 0001| of energy; | 0002| | 0003| E. work with the superintendent of public | 0004| instruction and the state board of education to carry out a | 0005| survey of other known health hazards in public schools and in | 0006| private schools and daycare centers that receive federal or | 0007| state funds; | 0008| F. require each state agency to review its | 0009| policies, programs, activities and standards, in accordance | 0010| with guidelines set by the office, to ensure that none involve | 0011| disproportionate health risks or safety risks to children; | 0012| G. coordinate the efforts of all state agencies | 0013| dealing with children's environmental health risks and safety | 0014| risks; and | 0015| H. establish liaisons with appropriate federal, | 0016| local, tribal, private and nonprofit offices and agencies | 0017| addressing children's environmental health risks and safety | 0018| risks." | 0019| Section 3. TEMPORARY PROVISION--TASK FORCE ON | 0020| ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN-- | 0021| MEMBERSHIP--DUTIES.-- | 0022| A. The "task force on environmental health risks | 0023| and safety risks to children" is created for the period from | 0024| the effective date of this act until December 1, 1999. The | 0025| task force shall consist of the lieutenant governor; the | - 3 - 0001| secretary of environment; the secretary of health; the | 0002| secretary of children, youth and families; the superintendent | 0003| of regulation and licensing; the superintendent of public | 0004| instruction; the secretary of energy, minerals and natural | 0005| resources; the attorney general or his designee and six | 0006| persons appointed to serve as children's ombudsmen. One | 0007| children's ombudsman shall be appointed by the governor, one | 0008| by the New Mexico supreme court, one by the speaker of the | 0009| house of representatives, one by the minority leader of the | 0010| house of representatives, one by the president pro tempore of | 0011| the senate and one by the minority leader of the senate. | 0012| B. The lieutenant governor shall serve as chairman | 0013| of the task force and shall convene the task force within ten | 0014| days of the effective date of this act. | 0015| C. The task force shall have the power to subpoena | 0016| an individual, commission, council, agency, department or any | 0017| other entity to appear in person or to produce documents under | 0018| their control for the purpose of obtaining information | 0019| relevant to its mission. | 0020| D. The task force shall make recommendations to | 0021| the secretary of environment on organizing and operating the | 0022| office of children's environmental protection in the most | 0023| appropriate and effective way to carry out its mission. The | 0024| task force shall ensure that the office of children's | 0025| environmental protection is established immediately and can | - 4 - 0001| begin as soon as possible to initiate the program to measure | 0002| electric and magnetic fields in the public schools. | 0003| Section 4. APPROPRIATION.--One million dollars | 0004| ($1,000,000) is appropriated from the general fund to the | 0005| department of environment for expenditure in fiscal years 1998 | 0006| and 1999 to establish and operate the office of children's | 0007| environmental protection and carry out the provisions of this | 0008| act. Any unexpended or unencumbered balance remaining at the | 0009| end of fiscal year 1999 shall revert to the general fund. | 0010| Section 5. EMERGENCY.--It is necessary for the public | 0011| peace, health and safety that this act take effect | 0012| immediately. | 0013|  |