NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

(Parenthesis ( ) Indicate Revenue Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

New Mexico Environment Department (NMED)

SUMMARY

     Synopsis of Senate Finance Committee Amendment

The Senate Finance Committee amendment strikes the Senate Public Affairs Committee amendment and excepts all medical, dental and veterinary x-ray equipment from fees pursuant to the Radiation Protection Act.

Synopsis of SPAC Amendment

The Senate Public Affairs Committee amends the bill to provide that fees for radiation control and establishment of license, registration and other related fees shall not exceed fees charged by the United States Nuclear Regulatory Commission for similar licenses. The amendment also adds a section to provide that radiation control license, registration and related fees pursuant to the Environmental Improvement Act are no more than the average charged by states contiguous to New Mexico for similar types of x-ray registrants and services provided by New Mexico. Finally, the amendment provides that medical, dental, veterinary and rural health clinic x-ray equipment (except for equipment at hospitals with more than one piece of x-ray equipment) is exempt from the fees.

Synopsis of Bill

Senate Bill 163 creates the Radiation Protection Fund into which all radiation licensing, registration and other related fees shall be deposited. The Environmental Improvement Board would have sole authority to set such fees and to promulgate rules regarding the use, management, storage and disposal of radioactive material.

Significant Issues

Senate Bill 163 creates a new nonreverting fund, the Radiation Protection Fund.

FISCAL IMPLICATIONS

According to New Mexico Environment Department (NMED) analysis, Senate Bill 163 would cause all radiation fees to be deposited in the Radiation Protection Fund and make general fund dollars available for the management of the Radiation Control Program. The fee-based revenue stream cannot be estimated until the Environmental Improvement Board sets the fees.

ADMINISTRATIVE IMPLICATIONS

NMED will be required to receive, post and track fees and expenditures in compliance with generally accepted accounting procedures. NMED estimates that two new FTE would be created to conduct inspections and provide technical assistance for the regulated community.

BOC/sb/njw