SENATE BILL 228

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Michael Padilla and Mimi Stewart

 

 

 

 

 

AN ACT

RELATING TO THE DEPARTMENT OF ENVIRONMENT; AUTHORIZING THE DEPARTMENT TO USE THE MONEY FROM CERTAIN FEES TO PAY THE COST OF OTHER OPERATIONAL EXPENSES; CHANGING THE BASIS OF CERTAIN FEES FROM A DOLLAR AMOUNT TO REASONABLE COSTS; PROVIDING THAT MONEY IN CERTAIN FUNDS ADMINISTERED BY THE DEPARTMENT MAY BE USED FOR OTHER OPERATIONAL EXPENSES; REPEALING CONFLICTING LAWS; MAKING APPROPRIATIONS.

 

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

     SECTION 1. Section 61-14E-10 NMSA 1978 (being Laws 1983, Chapter 317, Section 10, as amended) is amended to read:

     "61-14E-10. FUND ESTABLISHED--DISPOSITION--METHOD OF PAYMENT.--

          A. There is created in the state treasury the "radiologic technology fund".

          B. All fees received by the department pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the radiologic technology fund.

          C. Payments out of the radiologic technology fund shall be on vouchers issued and signed by the person designated by the department upon warrants drawn by the department of finance and administration and, except as provided in Subsection D of this section, shall be used by the department for the purpose of meeting necessary expenses incurred in the enforcement of the purposes of the Medical Imaging and Radiation Therapy Health and Safety Act, the duties imposed by that act and the promotion of education and standards for medical imaging technology and radiation therapy in this state. All money unexpended or unencumbered at the end of the fiscal year shall remain in the radiologic technology fund for use in accordance with the provisions of the Medical Imaging and Radiation Therapy Health and Safety Act, except as provided in Subsection D of this section.

          D. In addition to how money in the fund may be expended pursuant to Subsection C of this section, money in the fund may be used for other operational expenses of the department."

     SECTION 2. Section 61-33-5 NMSA 1978 (being Laws 1973, Chapter 394, Section 5, as amended) is amended to read:

     "61-33-5. APPLICATION REQUIREMENTS--FEES--FUND CREATED--ENDORSEMENT.--

          A. An applicant for certification as a certified operator shall:

                (1) make application on forms furnished by the department;

                (2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and

                (3) except as provided in Section 61-1-34 NMSA 1978, pay in advance to the department fees set by rule [not to exceed:

                     (a) for examination for certification in each classification  $100;

                     (b) for renewal of a certificate after a period set by rule   $40.00; and

                     (c) for issuance of a certificate by endorsement     $100]

to cover the reasonable costs of issuing the certificates and other operational expenses of the department.

          B. Fees collected pursuant to Subsection A of this section shall be deposited with the state treasurer in the "public water supply system operator and public wastewater facility operator fund", hereby created. Except as provided in Subsection C of this section, the fund shall be used solely for the purpose of administering and enforcing the Utility Operators Certification Act. The fund shall be administered by the department. Money in the fund shall be retained by the department for use, subject to appropriation by the legislature. Balances in the fund at the end of any fiscal year shall not revert to the general fund, but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund.

          C. In addition to how money in the fund may be expended pursuant to Subsection B of this section, money in the fund may be used for other operational expenses of the department.

          [C.] D. The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid license or certification in any state, territory or foreign jurisdiction having standards equal to or exceeding those of New Mexico.

          [D.] E. Fees shall not be increased more than once per calendar year. [The first increase of the fees shall not result in any fee greater than thirty dollars ($30.00). Any subsequent increase of the fees shall not be more than five percent of the existing fee.]"

     SECTION 3. Section 74-1-13 NMSA 1978 (being Laws 1993, Chapter 317, Section 2, as amended) is amended to read:

     "74-1-13. WATER CONSERVATION FEE--IMPOSITION--DEFINITIONS.--

          A. There is imposed on every person who operates a public water supply system a water conservation fee in an amount equal to three cents ($.03) per thousand gallons of water produced on which the fee imposed by this subsection has not been paid.

          B. The "water conservation fund" is created in the state treasury and shall be administered by the department. The fund shall consist of water conservation fees collected pursuant to this section. Balances in the fund at the end of any fiscal year shall not revert to the general fund but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund.

          C. Money in the water conservation fund is appropriated to the department for administration of a public water supply program [to]:

                (1) to test public water supplies for the contaminants required to be tested pursuant to the provisions of the federal Safe Drinking Water Act, as amended, and collect chemical compliance samples as required by those provisions of the federal act;

                (2) to perform vulnerability assessments that will be used to assess a public water supply's susceptibility to those contaminants; [and]

                (3) to implement new requirements of the Utility Operators Certification Act and provide training for all public water supply operators; and

                (4) for other operational expenses of the department.

          D. The taxation and revenue department shall provide by [regulation] rule for the manner and form of collection of the water conservation fee. All water conservation fees collected by the taxation and revenue department, less the administrative fee withheld pursuant to Section 7-1-6.41 NMSA 1978, shall be deposited in the water conservation fund.

          E. The fee imposed by this section shall be administered in accordance with the provisions of the Tax Administration Act and shall be paid to the taxation and revenue department by each person who operates a public water supply system in the manner required by the department on or before the twenty-fifth day of the month following the month in which the water is produced.

          F. Each operator of a public water supply system shall register and comply with the provisions of Section 7-1-12 NMSA 1978 and furnish such information as may be required by the taxation and revenue department.

          G. The department shall compile a list of the contaminants that require testing pursuant to Paragraph (1) of Subsection C of this section. The list shall be compiled no less than once every twelve months and include the contaminants that will be tested in the subsequent twelve months. The department shall establish by rule procedures to compile the list and to determine which contaminants that require testing will be tested in the subsequent twelve months. The determination of which contaminants will be tested shall include consideration of the availability of funds in the water conservation fund, the needs of the public water supplies being tested for additional contaminants and public health and safety.

          H. As used in this section:

                (1) "person" means any individual or legal entity and also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or an agency, department or instrumentality thereof; and

                (2) "public water supply system" means a system that provides piped water to the public for human consumption and that has at least fifteen service connections or regularly services an average of at least twenty-five individuals at least sixty days per year."

     SECTION 4. Section 74-1-15.2 NMSA 1978 (being Laws 2020, Chapter 32, Section 1) is amended to read:

     "74-1-15.2. ENVIRONMENTAL HEALTH FUND--CREATED.--

          A. The "environmental health fund" is created in the state treasury. The fund consists of fees collected from the [regulation] rule of on-site liquid waste systems and water recreation facilities pursuant to the Environmental Improvement Act, food establishments pursuant to the Food Service Sanitation Act and hemp pursuant to the Hemp Manufacturing Act. Except as provided in Subsection B of this section, money in the fund is subject to appropriation by the legislature to the department for the administration of [regulations] rules pertaining to liquid waste, water recreation facilities, food service sanitation and hemp. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary of environment's designee. Any unexpended or unencumbered balance in the environmental health fund remaining at the end of any fiscal year shall not revert to the general fund.

          B. In addition to how money in the environmental health fund may be expended pursuant to Subsection A of this section, money in the fund may be used for other operational expenses of the department.

          [B.] C. Up to two hundred thousand dollars ($200,000) from unexpended and unencumbered money in the environmental health fund may be transferred to the liquid waste disposal system assistance fund on an annual basis."

     SECTION 5. Section 74-1-16 NMSA 1978 (being Laws 2003, Chapter 335, Section 1, as amended) is amended to read:

     "74-1-16. WATER RECREATION FACILITIES--FEE IMPOSITION.--

          A. The board may assess an annual fee [not to exceed one hundred fifty dollars ($150)] on the owner or operator of a public swimming pool, public spa or other public water recreation facility to defray the cost of administering and enforcing rules adopted in accordance with the Environmental Improvement Act pertaining to public water recreation facilities. The fee shall be based on the size of the public water recreation facility. Fees collected pursuant to this section shall be deposited in the environmental health fund.

          B. In addition to how money in the environmental health fund may be expended pursuant to Subsection A of this section, money in the fund may be used for other operational expenses of the department."

     SECTION 6. Section 74-2-7 NMSA 1978 (being Laws 1972, Chapter 51, Section 4, as amended) is amended to read:

     "74-2-7. PERMITS--PERMIT APPEALS TO THE ENVIRONMENTAL IMPROVEMENT BOARD OR THE LOCAL BOARD--PERMIT FEES.--

          A. By [regulation] rule, the environmental improvement board or the local board shall require:

                (1) a person intending to construct or modify any source, except as otherwise specifically provided by [regulation] rule, to obtain a construction permit from the department or the local agency prior to such construction or modification; and

                (2) a person intending to operate any source for which an operating permit is required by the 1990 amendments to the federal act, except as otherwise specifically provided by rule or regulation, to obtain an operating permit from the department or the local agency.

          B. [Regulations] Rules adopted by the environmental improvement board or the local board shall include at least the following provisions:

                (1) requirements for the submission of relevant information, including information the department or the local agency deems necessary to determine that [regulations] rules and standards under the Air Quality Control Act or the federal act will not be violated;

                (2) specification of the deadlines for processing permit applications; provided that the deadline for a final decision by the department or the local agency on a construction permit application may not exceed:

                     (a) ninety days after the application is determined to be administratively complete, if the application is not subject to requirements for prevention of significant deterioration, unless the secretary or the director grants an extension not to exceed ninety days for good cause, including the need to have public hearings; or

                     (b) one hundred eighty da