Legislation Detail
SB 228 USE OF ENVIRONMENT FEES & FUNDING
Actions: [4] SCC/SCONC/SFC-SCC-germane-SCONC [6] DP-SFC
Scheduled: Not Scheduled
Senate Bill 228 (SB 228): This legislative act is related to the Department of Environment. This act authorizes the department to use money for certain fees to be used for other operational expenses. Repealing conflicting laws and making an appropriation.Legislation Overview:
Section 1: Fund Established –Disposition –Method of Payment: • There is a fund called the Radiologic Technology fund, which is located within the State Treasury. • Payments out of the Radiologic Technology fund shall be on vouchers. Money from this fund may be expended pursuant to Subsection C of this section. Money can be used for other operation expenses of the department. Section 2: Application Requirements – Fees – Fund Created – Endorsement: • An applicant must submit an application for certification as a certified operator. An applicant also must provide evidence of qualification. • Fees collected shall be deposited into the State Treasury in the “public water supply system operator and public wastewater facility operating fund”. Fees can only be increased once a year. Section 3: Water Conservation Fee – Imposition: • The Water Conservation Fund is created in the State Treasury and will be administered by the department. • Money in the water conservation fund is administered by the department for administration of a public water supply program. Funds shall be used to test public water supply for contaminates. • The Taxation and Revenue department shall provide rules for the manner and form of collection of the water conservation fee. Section 4: Environment Health Fund – Created: • The fund consists of fees to collected from the rule of on-site liquid waste systems and water recreation facilities pursuant to the Environmental Improvement Act. • Disbursements of the fund shall be warrant drawn by the Secretary of Finance or the Secretary of Environment’s designee. Up to two hundred thousand dollars ($200,000) from unexpended and unencumbered funds can be transferred to the liquid waste disposal system assistance fund. Section 5: Water Recreation Facilities – Fee: • The board shall access an annual fee on the owner or operator of a public swimming pool and other public facilities. The fee will be based on the size of the public water recreation facility. Section 6: Permits – Permit Appeals to the Environmental Improvement Board or the Local Board -Permit Fees: • This section explains who receives a permit, details requirements, specification, deadlines for processing permits and fees. • 90 days after the application is determined to be administratively complete, if an extension is needed the secretary of the director must grant an extension. Section 7: State Air Quality Permit Fund: • This fund is created in the State Treasury and administered by the department. Monies deposited into this fund shall be used for paying the reasonable cost of monitoring all aspects of the Air Quality Control in the State of New Mexico. Section 8: Radiation Protection Fund: • Radiation license, registration and other related fees shall be deposited in the fund. Disbursements from the fund shall be approved by the Secretary of Finance and administration pursuant to vouchers signed by the Secretary of Environment or the designee. • Any unexpended or unencumbered balance in the radiation protection fund, shall not revert back to the general fund. Section 9: Hazardous Waste Fund: • All funds shall be used to meet any and all necessary expensed in the administration and operation of the hazardous waste program. • Funds shall be used for the operational expenses of the department. Section 10: Storage Tank Fund: • All balances in this fund are appropriated to the department for the sole purpose of meeting necessary expenses in the administration and operation of the storage tank program. • Balances remaining in the storage tank fund at the end of a fiscal year shall not revert to the general fund. Section 11: Emergency Fund: • Funds will be used for cleanup of hazardous substance incidents, disposal of hazardous substances and repairs to or replacement of State property. Monies in the fund can be used for operational expenses. • Any penalties collected by the department shall be credited to this fund. Section 12: Rules: • The department shall adopt and promulgate rules necessary to implement the provisions of the Voluntary Remediation Act. • The rules shall provide for the amount of the nonrefundable application fee and a schedule for cost of the department’s oversight of the voluntary remediation and other operational costs. Section 13: Application and Fee: • This section states the eligibility rules to quality for the voluntary remediation agreement. • Participants must pay all costs of the department’s oversight of the voluntary remediation. • The department has the authority to reject an application. Section 14: Voluntary Remediation Fund: • This fund will be administered by the department. All fees and oversight payments collected pursuant to the rules adopted by the Secretary of Environment pursuant to the provision of the Voluntary Remediation Act shall be deposited into this fund. • Monies in this fund may be used for other operational expenses of the department. Section 15: Permits – Certification – Appeals to Commission: • The Commissioner may require persons to obtain from a constituent agency designated by the commission a permit for the discharge of any water contaminant or for the disposal or reuse of septage or sludge. • The constituent agency can deny a permit if the effluent would not meet applicable state or federal effluent rules or any provision of the Water Quality Act would be violated or the discharge would cause or contribute to water contamination. Permits shall be issued for fixed terms not to exceed five (5) years. • Participation in a permitting action before a constituent agency or a person affected by certification of a federal permit and who is adversely affected by such permitting action or certification may file a petition for review before the commission. • All appeals should be made in writing within 30 days from the date notice is given of the constituent agency’s action. This section states all necessary requirement to request an appeal. Section 16: Water Quality Management Fund: • All fees collected pursuant to the rules adopted by the commission under Subsection K of Section 74-6-5 NMSA 1978 shall be deposited into the fund. • Disbursements from the fund shall be made upon warrants drawn by the Secretary of Finance and administration pursuant to vouchers signed by the Secretary of Environment. Section 17: Bond Adoption of Initial Rules: • The board shall adopt rules to implement, administer and enforce a program for the cost-effective and environmentally safe siting, construction, operation, maintenance, closure and post-closure care of solid waste facilities, including financial responsibilities for solid waste facility owners and operators. • The board shall define solid waste that are considered special waste, establish specific requirements for the detoxification and disposal of special waste. • The board shall establish classification of solid waste facilities. Also, establish performance standards for the construction and operation of solid waste facility. Section 18: Rules – Authority and Content: • The board should adapt rules to implement the provisions of the Recycling and Illegal Dumping Act. • The rules should include: requirements and procedures for the issuance of permits, standards and requirements for tire recycling, record-keeping requirements, financial assurance criteria for tire recycling, fire rules for storage of scrap tires, criterial and procedure for making disbursements. • Requirements and procedures for contracting with counties, municipalities, Indian Nations, pueblos and tribes, land grant communities and cooperative association for the abatement of illegal dump sites and recycling. Section 19: Recycling an Illegal Dumping Sites Fund: • Fees and penalties collected pursuant to the Recycling and Illegal Dumping Act shall be deposited into this fund. • Money in this fund is appropriated to the department for abatement of illegal dumpsites. Section 20: Rural Infrastructure Revolving Loan Fund: • Money appropriated to this fund or to the department to carry out the provision of the Rural Infrastructure Act may be used to make loans and grants to local authorities, locally or jointly, for water supply, wastewater or solid waste facilities. • Funds not expended at the end of the fiscal year for which appropriated shall not revert to the general fund. • Ten percent (10%) of any appropriation to the fund or to the department to carry out the provisions of the Rural Infrastructure Act shall be set aside for emergency grants and loans pursuant to Section 75-1-5 NMSA 1978. • Receipts from the repayment of loans, shall be deposited into the fund by the department. • The department may use funds for administrative expenses and for other operational expenses. • Money in the account should remain in the account at the end of the fiscal year. Section 21: Repeal – Laws 1991, Chapter 185, Section 2 is repealed.