45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HAZARDOUS MATERIALS TRANSPORTATION; PROVIDING FOR DISTRIBUTION OF HAZARDOUS MATERIALS TRANSPORTATION PERMIT FEES; CREATING THE EMERGENCY RESPONSE FUND; MAKING AN APPROPRIATION.

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

Section 1. Section 74-4F-3 NMSA 1978 (being Laws 1996, Chapter 37, Section 3) is amended to read:

"74-4F-3. HAZARDOUS MATERIALS TRANSPORTATION PERMIT--DEPARTMENT DUTIES--FEES.--

A. Except as provided in Section [4 of the Hazardous Materials Transportation Act] 74-4F-4 NMSA 1978, a person may not transport a hazardous material on a state or federal highway without a permit from the department.

B. The department shall establish regulations for the issuance of hazardous materials transportation permits and shall issue permits to applicants who meet the requirements of the regulations.

C. Hazardous materials transportation permits shall be issued for a period not to exceed twelve months for a fee of two hundred fifty dollars ($250), regardless of the number of vehicles or combination of vehicles operated by the permit applicant, or the department may issue a permit for a single shipment of hazardous materials for a fee of seventy-five dollars ($75.00).

D. Public entities may acquire a hazardous materials transportation permit exempt from the fee in Subsection C of this section.

E. A copy of any hazardous materials transportation permit issued pursuant to this section shall be carried in each vehicle included under conditions of the permit. Hazardous materials transportation permits shall be open for inspection by any peace officer.

F. Fees collected pursuant to this section shall be deposited in the [general fund] motor vehicle suspense fund and distributed at the end of each month. The net receipts collected pursuant to the provisions of this section shall be distributed to the emergency response fund."

Section 2. A new section of the Emergency Management Act is enacted to read:

"[NEW MATERIAL] EMERGENCY RESPONSE FUND CREATED.--

A. The "emergency response fund" is created in the state treasury.

B. The department of public safety shall administer the emergency response fund for the purpose of equipping and training local first responders to emergencies involving transportation of hazardous materials and for the purpose of equipping and training regional hazardous material task forces capable of responding outside the jurisdiction of municipalities. The following procedures govern distributions from the fund:

(1) municipalities or counties interested in receiving a distribution from the fund shall make application to the department of public safety;

(2) distributions shall be made only after a complete inspection by the department of public safety in order to ensure that all equipment, training and staffing meet the requirements established by the task force for a technician level team;

(3) distributions shall be made to a municipality or county only if the recipient agrees to provide regional hazardous materials first response to areas outside the recipient's boundaries;

(4) distributions shall be made to a municipality or county only afer receiving input from the task force; and

(5) no distribution to a single county or municipality shall exceed thirty-five thousand dollars ($35,000) in any fiscal year.

C. In addition to distributions made to municipalities and counties pursuant to Subsection B of this section, the department of public safety may expend up to seventy-five thousand dollars ($75,000) annually from the emergency response fund for the training and equipping of small community fire departments without hazardous materials first response capabilities.

D. Money in the emergency response fund is appropriated to the department of public safety for the purpose of carrying out the provisions of Subsection B of this section. Money in the fund shall revert to the general fund at the end of a fiscal year. Disbursements from the fund shall be made by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety or his authorized representative.

E. No portion of the emergency response fund shall be used for activities that are inconsistent with the federal Hazardous Materials Transportation Act."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.