sb730

SENATE BILL 730

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

INTRODUCED BY

H. Diane Snyder

AN ACT

RELATING TO GOVERNMENT ORGANIZATION; CREATING THE WATER RESOURCES DEPARTMENT AND THE NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT; TRANSFERRING FUNCTIONS, PERSONNEL, PROPERTY AND LEGAL OBLIGATIONS OF THE DEPARTMENT OF ENVIRONMENT, OFFICE OF THE STATE ENGINEER, ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT, DEPARTMENT OF GAME AND FISH, NATURAL RESOURCES TRUSTEE, INTERSTATE STREAM COMMISSION, ENVIRONMENTAL IMPROVEMENT BOARD, WATER QUALITY CONTROL COMMISSION, OIL CONSERVATION COMMISSION, MINING COMMISSION, COAL SURFACE MINING COMMISSION, NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION AND STATE GAME COMMISSION TO THE NEW DEPARTMENTS; CREATING A COMMITTEE TO DEVELOP AN IMPLEMENTATION PLAN FOR TRANSFER OF THE VARIOUS DUTIES, LEGAL OBLIGATIONS AND FUNCTIONS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 14 of this act may be cited as the "Water Resources Department Act".

Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the Water Resources Department Act is to establish a single, unified department to administer certain laws and exercise specific functions formerly administered by the department of environment; the environmental improvement board; the office of the state engineer; the interstate stream commission; the water quality control commission; the coal surface mining commission; the mining commission; and the energy, minerals and natural resources department pertaining to water and water resources.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Water Resources Department Act:

A. "department" means the water resources department; and

B. "secretary" means the secretary of water resources.

Section 4. [NEW MATERIAL] WATER RESOURCES DEPARTMENT ESTABLISHED.-- The "water resources department" is created in the executive branch. The department shall be a cabinet department and shall include the following organizational units:

A. the office of the secretary;

B. the office of inspector general;

C. the administrative services division;

D. the river and watershed management division;

E. the water conservation division;

F. the water quality protection division;

G. the water litigation division; and

H. the water rights and adjudication division.

Section 5. [NEW MATERIAL] SECRETARY--APPOINTMENT.--The chief executive and administrative officer of the department is the "secretary of water resources". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold the office at the pleasure of the governor and shall serve in the executive cabinet; provided, however, that the secretary appointed to serve as the secretary of environment and whose appointment has been confirmed by the senate may serve as the secretary of water resources at the pleasure of the governor and without further confirmation.

Section 6. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged.

B. To perform his duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary, the department or any division of the department, except where authority conferred upon any division is explicitly exempt from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Water Resources Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;

(2) delegate authority to subordinates as he deems necessary and appropriate, clearly delineating that delegated authority and the limitations thereto;

(3) organize the department into those organizational units he deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge his duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for which administration or execution he is responsible and to enforce those orders and instructions by either appropriate administrative action or actions in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the citizens of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department; and

(9) appoint, with the governor's consent, a "director" for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary.

C. The secretary may apply for and receive, with the governor's approval and in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. The secretary may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of a division in carrying out the functions and duties of the division shall be effective until approved by the secretary unless otherwise provided by statute. Unless otherwise provided by statute, no procedural rule affecting a person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act.

Section 7. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and he shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Subsection B of Section 6 of the Water Resources Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

Section 8. [NEW MATERIAL] DIRECTORS--QUALIFICATIONS.--

A. The secretary, with the approval of the governor, shall appoint "directors" of divisions established within the department. Division directors, with the approval of the secretary, may appoint "deputy directors" of divisions. The positions so appointed are exempt from the Personnel Act.

B. Following are minimum qualifications for division directors:

(1) for the director of the river and watershed management division, education in biology, forestry or ecology with at least ten years' relevant experience;

(2) for the director of the water conservation division, education in natural resources or water resource planning or administration with at least ten years' relevant experience;

(3) for the director of the water quality protection division, education in earth science or natural resource management with at least ten years' relevant experience;

(4) for the director of the water litigation division, license to practice law in New Mexico; and

(5) for the director of the water rights and adjudication division, a registered professional engineer with a background in civil engineering and at least ten years' relevant experience.

Section 9. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary may establish within the divisions such bureaus as he deems necessary to carry out the provisions of the Water Resources Department Act. He shall employ a "chief" to be the administrative head of each bureau. The chiefs and all subsidiary employees of the department shall be covered by the Personnel Act.

Section 10. [NEW MATERIAL] DIRECTORS' FUNCTIONAL GROUP.--The secretary and division directors, except the administrative services division director and the office of the inspector general, shall serve as the "directors' functional group" with respect to the powers and duties of the former interstate stream commission, water quality control commission, oil conservation commission, coal surface mining commission and mining commission.

Section 11. [NEW MATERIAL] LEGAL ADVICE.--Attorneys under contract with the department may act for the department in lawsuits filed against or on behalf of the department. The attorney general may, at the request of the department, file and defend lawsuits on behalf of the department.

Section 12. [NEW MATERIAL] POWERS AND DUTIES OF DIVISIONS.--

A. The administrative services division shall provide clerical, recordkeeping, information technology and administrative support to the department in the areas of personnel, budget, procurement and contracting.

B. The office of inspector general shall be responsible for oversight, investigations and auditing of the activities of the department and shall report directly to the secretary.

C. The river and watershed management division is responsible for the functions of the following organizational units transferred from the former agencies:

(1) compact compliance of the office of the state engineer and the interstate stream commission;

(2) nonpoint source programs and total maximum daily load programs of the department of environment;

(3) supervision and interaction with irrigation and conservancy districts of the office of the state engineer and the interstate stream commission;

(4) responsibilities associated with acequias of the office of the state engineer and the interstate stream commission;

(5) ecology and biological programs of the department of environment, the office of the state engineer and the interstate stream commission; and

(6) state water planning of the office of the state engineer and the interstate stream commission.

D. The director of the water litigation division shall have the authority to defend and prosecute all claims in the name of and against the state of New Mexico, the department and any director within the department relating to the duties and responsibilities of the department. Legal actions undertaken by the division shall not be subject to approval or oversight by the attorney general.

E. The water quality protection division is responsible for the functions of the following organizational units transferred from the former department of environment:

(1) ground water protection and remediation bureau;

(2) surface water quality bureau;

(3) drinking water bureau;

(4) underground storage tank bureau; and

(5) water and wastewater construction bureau.

F. The water conservation division is responsible for the functions of the following organizational units transferred from the former agencies:

(1) drought management of the office of the state engineer and the energy, minerals and natural resources department;

(2) regional water planning of the office of the state engineer and the interstate stream commission;

(3) state water planning of the office of the state engineer and the interstate stream commission;

(4) subdivision review of the office of the state engineer; and

(5) water use and conservation of the office of the state engineer, the interstate stream commission and the department of environment.

G. The water rights and adjudication division is responsible for the functions transferred from the former office of the state engineer that are not otherwise assigned to another division pursuant to this section.

Section 13. [NEW MATERIAL] ADVISORY COMMITTEES.--

A. Advisory committees may be created. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act.

B. Members of advisory committees may be reimbursed for attendance at meetings pursuant to the Per Diem and Mileage Act.

Section 14. [NEW MATERIAL] COOPERATION WITH THE FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE AGENCY STATUS.--

A. The department is authorized to cooperate with the federal government in the administration of environmental programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement environmental programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.

B. The governor or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any environmental program when that designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any environmental program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.

Section 15. [NEW MATERIAL] SHORT TITLE.--Sections 15 through 29 of this act may be cited as the "Natural Resources and Environment Department Act".

Section 16. [NEW MATERIAL] PURPOSE.--The purpose of the Natural Resources and Environment Department Act is to establish a single, unified department to administer certain laws and exercise specific functions formerly administered by the department of environment; the environmental improvement board; the department of game and fish; the state game commission; the coal surface mining commission; the mining commission; the New Mexico youth conservation corps commission; and the energy, minerals and natural resources department pertaining to natural resources and the environment.

Section 17. [NEW MATERIAL] DEFINITIONS.--As used in the Natural Resources and Environment Department Act:

A. "department" means the natural resources and environment department; and

B. "secretary" means the secretary of natural resources and environment.

Section 18. [NEW MATERIAL] NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT ESTABLISHED.--The "natural resources and environment department" is created in the executive branch. The department shall be a cabinet department and shall include the following organizational units:

A. the office of the secretary;

B. the office of inspector general;

C. the administrative services division;

D. the energy conservation and management division;

E. the environmental protection division;

F. the forestry division;

G. the mining and minerals division;

H. the natural resources and environment litigation division;

I. the oil conservation division;

J. the state parks division; and

K. the wildlife division.

Section 19. [NEW MATERIAL] SECRETARY OF NATURAL RESOURCES AND ENVIRONMENT--APPOINTMENT.--The chief executive and administrative officer of the department is the "secretary of natural resources and environment". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold the office at the pleasure of the governor and shall serve in the executive cabinet; provided, however, that the secretary appointed to serve as the secretary of energy, minerals and natural resources and whose appointment has been confirmed by the senate may serve as the secretary of natural resources and environment at the pleasure of the governor and without further confirmation.

Section 20. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is his duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged.

(1) except as otherwise provided in the Natural Resources and Environment Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;

(2) delegate authority to subordinates as he deems necessary and appropriate, clearly delineating that delegated authority and the limitations thereto;

(4) within the limitations of available

appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge his duties;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the citizens of the state;

(8) prepare an annual budget of the department; and

Section 21. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and he shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Subsection B of Section 20 of the Natural Resources and Environment Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

Section 22. [NEW MATERIAL] DIRECTORS.--

B. Following are minimum qualifications for division directors:

(1) for the director of the energy conservation and management division, education in economics or business with at least ten years' relevant experience;

(2) for the director of the environmental protection division, education in environmental science or a related field with at least ten years' relevant experience;

(3) for the director of the forestry division, education in forestry with at least ten years' relevant experience;

(4) for the director of the mining and minerals division, education in geology or a related engineering field with at least ten years' relevant experience;

(5) for the director of the natural resources and environment litigation division, licensed to practice law in New Mexico;

(6) for the director of the oil conservation division, education in petroleum engineering with at least ten years' experience;

(7) for the director of the state parks division, education in recreation planning, management or a related field with at least ten years' relevant experience; and

(8) for the director of the wildlife division, education in biology or wildlife management with at least ten years' experience.

Section 23. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary may establish within the divisions such bureaus as he deems necessary to carry out the provisions of the Natural Resources and Environment Department Act. He shall employ a "chief" to be the administrative head of each bureau. The chiefs and all subsidiary employees of the department shall be covered by the Personnel Act.

Section 24. [NEW MATERIAL] DIRECTORS' FUNCTIONAL GROUP.--The secretary and division directors, except the administrative services division director and the office of the inspector general, shall serve as the "directors' functional group" with respect to the duties of the former environmental improvement board, the state game commission, the coal surface mining commission, the oil conservation commission and the mining commission.

Section 25. [NEW MATERIAL] DIVISIONS--DUTIES.--In addition to the duties assigned to each division of the natural resources and environment department by the secretary of natural resources and environment:

A. the administrative services division shall provide clerical, recordkeeping, information technology and administrative support to the department in the areas of personnel, budget, procurement and contracting;

B. the office of inspector general shall be responsible for oversight, investigations and auditing of the activities of the department and shall report directly to the secretary;

C. the energy conservation and management division shall plan, administer, review, provide technical assistance, maintain records and monitor state and federal energy conservation and alternative energy technology programs;

D. the environmental protection division is responsible for the functions of the following organizational units transferred from the former department of environment:

(1) air quality bureau;

(2) occupational health and safety bureau;

(3) solid waste and construction bureau;

(4) department of energy oversight bureau; and

(5) hazardous and radioactive materials bureau;

E. the forestry division shall enforce and administer all laws and regulations relating to forestry on lands within the state;

F. the mining and minerals division shall enforce and administer laws and regulations relating to mine safety, coal surface mine reclamation and abandoned mine lands reclamation;

G. The director of the natural resources and environment litigation division shall have the authority to defend and prosecute all claims in the name of and against the state of New Mexico, the department and any director within the department relating to the duties and responsibilities of the department. Legal actions undertaken by the division shall not be subject to approval or oversight by the attorney general;

H. the oil conservation division shall administer the laws and regulations relating to oil, gas and geothermal resources, except those laws specifically administered by another authority;

I. the state parks division shall develop, maintain, manage and supervise all state parks and state-owned or state-leased recreation areas; and

J. the wildlife division shall have the powers and duties of the former department of game and fish and the state game commission.

Section 26. [NEW MATERIAL] ADVISORY COMMITTEES.--

B. Members of advisory committees may be reimbursed for attendance at meetings pursuant to the Per Diem and Mileage Act.

Section 27. [NEW MATERIAL] COOPERATION WITH THE FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE AGENCY STATUS.--

Section 28. [NEW MATERIAL] STATE ALTERNATIVE FUEL PROGRAM MANAGER--CREATION--DUTIES.--The "state alternative fuel program manager" is created in the energy conservation and management division of the natural resources and environment department, and his duties shall include:

A. promoting, coordinating and monitoring the implementation of state clean alternative fuel transportation programs, including a mass transit demonstration project and other demonstration projects that place New Mexico on the leading edge of new clean fuel technologies;

B. coordinating and directing the provisions of the Alternative Fuel Conversion Act; and

C. mobilizing and coordinating necessary resources and expertise from government, education and the private sector to assist in clean alternative fuel transportation programs and projects.

Section 29. [NEW MATERIAL] SECRETARY AS NATURAL RESOURCES TRUSTEE.--The secretary shall serve as the natural resources trustee.

Section 30. Section 9-5B-1 NMSA 1978 (being Laws 1992, Chapter 91, Section 1) is amended to read:

"9-5B-1. SHORT TITLE.--[~~This act~~] Chapter 9, Article 5B NMSA 1978 may be cited as the "New Mexico Youth Conservation Corps Act"."

Section 31. Section 9-5B-3 NMSA 1978 (being Laws 1992, Chapter 91, Section 3) is amended to read:

"9-5B-3. DEFINITIONS.--As used in the New Mexico Youth Conservation Corps Act:

[~~A. "commission" means the New Mexico youth conservation corps commission;~~

B.] A. "corps" means the New Mexico youth conservation corps;

[C.] B. "corps member" means a person enrolled in the corps;

[D.] C. "department" means the [~~energy, minerals and~~] natural resources and environment department;

[E.] D. "nonprofit organization" means any organization that has been granted an exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c) of the United States Internal Revenue Code of 1986, as amended or renumbered;

[F.] E. "project" means an activity that can be completed in six months or less, results in a specific identifiable service or product that otherwise would not be accomplished with existing funds and does not duplicate the routine services or functions of the sponsor;

[G.] F. "resident" means [~~an individual~~] a person who has resided in New Mexico for at least six months before applying for employment with the corps; and

[H.] G. "sponsor" means [~~any~~] a local unit of government, state agency, federal agency, nonprofit organization or federally recognized Native American tribe."

Section 32. Section 9-5B-6 NMSA 1978 (being Laws 1992, Chapter 91, Section 6) is amended to read:

"9-5B-6. [~~COMMISSION~~] DEPARTMENT--POWERS AND DUTIES.--

A. The [~~commission~~] department may:

(1) accept gifts, devises, grants and donations from others to carry out the provisions of the New Mexico Youth Conservation Corps Act;

[~~(2) request assistance and staff support from the department;~~

~~(3)~~] (2) employ such personnel as necessary to carry out the provisions of the New Mexico Youth Conservation Corps Act;

[~~(4)~~] (3) delegate responsibility for the administration and implementation of conservation projects, corps members' employment and supervision, project coordination and other program matters;

[~~(5)~~] (4) establish work camps and long-term residential facilities to house corps members and their supervisors; and

[~~(6)~~] (5) contact potential sponsors and funding sources for support.

B. The [~~commission~~] department shall:

(1) adopt rules [~~and regulations~~] that are necessary for the proper administration of the New Mexico Youth Conservation Corps Act;

(2) administer and enforce the provisions of the New Mexico Youth Conservation Corps Act and rules [~~and regulations~~] adopted pursuant to [~~Paragraph (1) of this subsection~~] that act;

(3) develop and approve corps work projects, activities and contracts with project sponsors;

(4) establish standards, procedures and policies for selecting, hiring, providing compensation for and other personnel matters involving corps members and other personnel;

(5) foster partnerships and cooperation between the corps and New Mexico's secondary and post-secondary schools to assist corps members in obtaining education and job training; and

(6) hire a program manager, who shall be the administrative officer of the corps."

Section 33. Section 9-5B-7 NMSA 1978 (being Laws 1992, Chapter 91, Section 7) is amended to read:

"9-5B-7. APPLICATION FOR PROJECT APPROVAL--CONSIDERATIONS FOR APPROVAL.--

A. Sponsors shall apply to the [~~commission~~] department for project approval.

B. A sponsor's application shall include:

(1) a comprehensive work plan;

(2) a complete project cost estimate;

(3) the number of corps members required; and

(4) the estimated time necessary to complete the project.

C. The [~~commission~~] department shall examine the following in considering a project for approval or rejection:

(1) the opportunities the project provides in the development of skills, discipline and good work habits;

(2) the degree of difficulty in carrying out the project;

(3) the project's compliance with conservation and community service objectives, as set forth in Section [~~4 of the New Mexico Youth Conservation Corps Act~~]

9-5B-4 NMSA 1978;

(4) the sponsor's ability to contribute the necessary financial and human resources to the project; and

(5) the project's compatibility with concurrent corps projects, including the availability of the required corps work force.

D. A project shall not be approved if its implementation would result in the displacement of currently employed workers, including a partial displacement, such as reduction in hours or benefits. Participating sponsors shall not terminate, lay off or reduce the working hours of any employee in order to use a corps member to perform the employee's duties."

Section 34. Section 9-5B-8 NMSA 1978 (being Laws 1992, Chapter 91, Section 8) is amended to read:

"9-5B-8. ELIGIBILITY REQUIREMENTS--BENEFITS.--

A. Persons eligible for enrollment as corps members are persons who:

(1) are unemployed;

(2) are between the ages of fourteen and twenty-five years old;

(3) are New Mexico residents; and

(4) meet any additional eligibility standards for employment as deemed necessary by the [~~commission~~] department.

B. Corps members are not entitled to any employee benefits provided to state employees under the Personnel Act. Corps members shall be entitled to receive workers' compensation benefits provided by the [~~commission~~] department."

Section 35. Section 9-5B-10 NMSA 1978 (being Laws 1992, Chapter 91, Section 10) is amended to read:

"9-5B-10. FUND CREATED--DISPOSITION.--

A. The "New Mexico youth conservation corps fund" is created in the state treasury. All appropriations, gifts, devises, grants and donations received shall be deposited in the fund. Money in the fund is appropriated to the [~~commission~~] department for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act. Any interest accruing to the fund shall remain in the fund. Money in the fund shall not revert at the end of a fiscal year.

B. The fund shall be administered by the department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the [~~chairman of the commission~~] secretary of natural resources and environment or his designee for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act."

Section 36. Section 9-5B-11 NMSA 1978 (being Laws 1992, Chapter 91, Section 11) is amended to read:

"9-5B-11. REPORT BY [~~COMMISSION~~] DEPARTMENT.--At least forty-five days prior to each legislative session, the [~~commission~~] department shall submit a report concerning its activities, the projects implemented and any recommendations to the governor and the legislature."

Section 37. Section 16-2-2 NMSA 1978 (being Laws 1977, Chapter 254, Section 113, as amended) is amended to read:

"16-2-2. STATE PARK AND RECREATION ADVISORY COMMITTEE CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

A. The "advisory committee" to the state [~~park and recreation division of the energy, minerals and~~] parks division of the natural resources and environment department is created. It shall be composed of seven to eleven members appointed by the governor.

B. The advisory committee shall provide advice and make recommendations relating to the administration of the state [~~park and recreation~~] parks division. It shall advise on all matters of policy, regulations, the formulation of a comprehensive statewide recreation plan and such other matters as may be requested by the director of that division.

C. The advisory committee shall meet quarterly or at the call of the chairman.

D. Each member of the advisory committee shall annually elect a chairman and vice chairman from its membership. The director of the state [~~park and recreation~~] parks division [~~of the energy, minerals and~~ ~~natural resources department~~] shall serve as the executive secretary of the committee."

Section 38. Section 16-2-3 NMSA 1978 (being Laws 1977, Chapter 254, Section 12, as amended) is amended to read:

"16-2-3. MEANING OF DESIGNATIONS.--Wherever in the laws of New Mexico, whether or not the statutes have been compiled in NMSA 1978, reference is made to the "state park and recreation commission" [~~or to the "commission"~~], the term shall mean the state [~~park and recreation division of the energy, minerals and~~] parks division of the natural resources and environment department. As used in Chapter 16 NMSA 1978, "secretary" means the secretary of [~~energy, minerals and~~] natural resources and environment."

Section 39. Section 16-3-2 NMSA 1978 (being Laws 1973, Chapter 372, Section 2, as amended) is amended to read:

"16-3-2. DEFINITIONS.--As used in the State Trails System Act:

A. "local government" means any county, municipality or other political subdivision of the state and includes rural communities and unincorporated towns or villages in the state; and

B. "secretary" means the secretary of [~~energy, minerals and~~] natural resources and environment."

Section 40. Section 16-4-3 NMSA 1978 (being Laws 1977, Chapter 242, Section 3, as amended) is amended to read:

"16-4-3. DEFINITIONS.--As used in El Rio Chama Scenic and Pastoral Act:

A. "corridor" means those lands immediately adjacent to the riverbed essentially from rim to rim or four hundred feet back from the river banks of the Rio Chama, whichever is less;

B. "pastoral" means those free-flowing segments of the river [~~which~~] that are affected by the works of man but [~~which~~] that still possess natural and scenic value. Included are areas with developed or partially developed shorelines;

C. "river" means a flowing body of water or any segment, portion or tributary thereof within the corridor, including rivers, streams, creeks, branches or small lakes;

D. "scenic" means those sections of the river that are free of impoundments, with shorelines remaining largely undeveloped, but [~~which~~] that may be accessible in places by primitive roads; and

E. "secretary" means the secretary of [~~energy, minerals and~~] natural resources and environment."

Section 41. Section 17-1-5.1 NMSA 1978 (being Laws 1994, Chapter 129, Section 1) is amended to read:

"17-1-5.1. CONSERVATION SERVICES [~~DIVISION~~] BUREAU--DUTIES.--

A. The "conservation services [~~division~~] bureau" is created within the wildlife division of the natural resources and environment department [~~of game and fish~~].

B. The conservation services [~~division~~] bureau is responsible for:

(1) management, enhancement, research and conservation of public wildlife habitat;

(2) the lease, purchase, enhancement and management of state wildlife habitat;

(3) assisting landowners in improving wildlife habitats;

(4) development of educational programs related to conservation of wildlife and the environment, including the expanded dissemination of wildlife publications; and

(5) communication and consultation with federal and other state agencies, local governments and communities, private organizations and affected interests responsible for habitat, wilderness, recreation, water quality and environmental protection to ensure comprehensive conservation services for hunters, anglers and nonconsumptive wildlife users."

Section 42. Section 17-1-9 NMSA 1978 (being Laws 1955, Chapter 181, Section 3, as amended) is amended to read:

"17-1-9. POWERS AND DUTIES OF RESERVE CONSERVATION OFFICERS.--

A. Under the supervision of the [~~department of game and fish~~] wildlife division and subject to such restrictions as may be provided by the [~~state game commission~~] secretary of natural resources and environment, reserve conservation officers shall have authority to enforce laws and valid [~~regulations~~] rules of the [~~state game commission~~] division relating to game and fish and perform such duties with respect to wildlife management and conservation education as may be assigned to them from time to time by the [~~department of game and fish~~] division. When on duty, reserve conservation officers shall be covered by the [~~Workmen's~~] Workers' Compensation Act. Reserve conservation officers shall have only the rights of private citizens in the enforcement of laws other than those relating to game and fish.

B. For the purpose of calculating the amount of reserve conservation officer's disability or death benefits pursuant to the [~~Workmen's~~] Workers' Compensation Act, the officer's average weekly wages shall be deemed to be the base wage of a wildlife management officer II as classified by the personnel board."

Section 43. Section 17-1-14 NMSA 1978 (being Laws 1921, Chapter 35, Section 7, as amended) is amended to read:

"17-1-14. GENERAL POWERS AND DUTIES OF [~~STATE GAME COMMISSION~~] DIVISION--GAME PROTECTION FUND.--

A. The [~~state game commission~~] wildlife division of the natural resources and environment department shall have general control over the collection and disbursement of all money collected or received under the state laws for the protection and propagation of game and fish, which money shall be paid over to the state treasurer to the credit of the game protection fund, and the fund, including all earned income therefrom, shall not be transferred to another fund. Chapter 17 NMSA 1978 shall be guaranty to the person who pays for hunting and fishing licenses and permits that the money in that fund shall not be used for any purpose other than as provided in Chapter 17 NMSA 1978. The [~~state game commission~~] division, with the approval of the secretary of natural resources and environment, shall [~~have authority~~]:

(1) [to] establish and [~~through the director of the department of game and fish, to~~] operate fish hatcheries for the purpose of stocking public waters of the state and to furnish fish fry and fingerlings to stock private waters, receipts from such sources to go into the game protection fund;

(2) [to] declare closed seasons in any specified locality and on any species of game or fish threatened with undue depletion from any cause;

(3) [to] establish game refuges for the purpose of providing safe sanctuaries in which game may breed and replenish adjacent hunting ranges, it being the purpose of this provision to establish small refuges rather than large preserves, or to close large areas to hunting;

(4) [to] purchase lands for game refuges where suitable public lands do not exist, [to] purchase lands for fish hatcheries and [to] purchase lands to be maintained perpetually as public hunting grounds, particularly lands suitable for waterfowl hunting, all such lands to be paid for from the game protection fund;

(5) [to] receive by gift or bequest, in the name and on behalf of the state, lands suitable for game refuges, hunting grounds, fish hatcheries or for any other purpose necessary to carry out the provisions of Chapter 17 NMSA 1978;

(6) [to] apply for and accept any state, federal or private funds, grants or donations from any source for game and fish programs and projects;

(7) [to] designate certain areas as rest grounds for migratory birds, in which hunting shall be forbidden at all times or at such times as the [~~state game commission~~] division shall provide, it being the purpose of this provision not to interfere unduly with the hunting of waterfowl but to provide havens in which they can rest and feed without molestation;

(8) [to] close any public stream or lake or portion thereof to fishing when such action is necessary to protect a recently stocked water, to protect spawning waters or to prevent undue depletion of the fish;

(9) [to] propagate, capture, purchase, transport or sell any species of game or fish needed for restocking any lands or streams of the state;

(10) after reasonable notice and hearing [to] before the directors' functional group of the natural resources and environment department, suspend or revoke any license or permit issued pursuant to the provisions of Chapter 17 NMSA 1978 and withhold license privileges for a definite period not to exceed three years from any person procuring a license through misrepresentation, violating any provisions of Chapter 17 NMSA 1978 or hunting without a proper license;

(11) [to] adopt [~~regulations~~] rules establishing procedures that provide reasonable notice and a hearing before the [~~state game commission~~] directors' functional group for the suspension, revocation or withholding of license privileges of any person charged with violating the provisions of Chapter 17 NMSA 1978, subject to such judicial review as may be provided by law;

(12) [to] conduct studies of programs for the management of endangered and nongame species of wildlife; and

(13) [to] establish licenses, permits and certificates not otherwise provided for in Section 17-3-13 NMSA 1978 and [to] charge and collect just and reasonable fees for them; provided the fees shall not exceed the costs of administration associated with the licenses, permits or certificates.

[B. The director of the department of game and fish shall exercise all the powers and duties conferred upon the state game and fish warden by all previous statutes now in force not in conflict with Chapter 17 NMSA 1978.

~~C. The state game commission shall have authority to~~]

B. The division may prohibit all hunting in periods of extreme forest fire danger at such times and places as may be necessary to reduce the danger of destructive forest fires.

[D.] C. The hunting, pursuing, capturing, killing or wounding of any game animals, birds or fish in or upon any game refuge, rest ground or closed water or closed area or during any closed season established or proclaimed by the [~~state game commission~~] division in accordance with the authority conferred in Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be punishable as prescribed in Chapter 17 NMSA 1978."

Section 44. Section 17-1-18 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 3, as amended) is amended to read:

"17-1-18. BONDING AUTHORITY.--Whenever the [~~state game commission, by vote of a majority of its full membership entered in its minutes~~] natural resources and environment department determines [~~by resolution~~] that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects or other similar capital outlay projects, the [~~commission~~] department may issue and sell bonds of the state [~~of New Mexico~~] as provided in the Game and Fish Bond Act, provided that the total amount of [~~such~~] bonds issued under the authority of [~~this~~] the Game and Fish Bond Act shall not exceed two million dollars ($2,000,000). The purposes stated by the [~~commission~~] department and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds. The [~~commission~~] department shall report annually to the legislature any bonds issued pursuant to [~~this~~] the Game and Fish Bond Act and the purpose for which issued."

Section 45. Section 17-1-19 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 4, as amended) is amended to read:

"17-1-19. BONDS--FORM--TERMS.--Bonds issued under the Game and Fish Bond Act shall be payable in consecutive order over a period of not more than twenty years from the date of issue. They shall be issued in denominations determined by the [~~state game commission~~] natural resources and environment department and shall be sold at a net effective interest rate not exceeding the maximum net effective interest rate permitted by the Public Securities Act, as hereafter amended and supplemented. The form of the bonds shall be determined by the [~~state game commission~~] department, and, except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, the state treasurer and the [~~chairman of the state game commission~~] secretary of natural resources and environment shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act. The form and terms of the bonds shall be approved by the state board of finance before issuance of the bonds."

Section 46. Section 17-1-20 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 5, as amended) is amended to read:

"17-1-20. SALE OF BONDS.--Bonds issued under the Game and Fish Bond Act shall be sold at public or private sale as determined by the [~~state game commission~~] state board of finance. If sold at public sale, the [~~chairman of the commission~~] board shall give notice of the time, place and terms of the sale by publication in a newspaper of general circulation published in Santa Fe, New Mexico, not less than twenty days nor more than sixty days prior to the sale date."

Section 47. Section 17-1-22.1 NMSA 1978 (being Laws 1983, Chapter 143, Section 2) is amended to read:

"17-1-22.1. GAME AND FISH CAPITAL OUTLAY FUND--CREATED--TRANSFER OF MONEY--STATE BOARD OF FINANCE APPROVAL.--

A. There is created in the state treasury the "game and fish capital outlay fund".

B. Upon request of the [~~state game commission~~] wildlife division of the natural resources and environment department, approved by the state board of finance, the state treasurer shall transfer to the game and fish capital outlay fund all money in the game and fish bond retirement fund except the amount necessary to meet all principal and interest payments on [~~state game commission~~] game and fish bonds due in the ensuing twelve months.

C. Money in the game and fish capital outlay fund may be expended by the [~~department of game and fish~~] division to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvements and other similar capital projects.

D. Projects to be funded pursuant to Subsection C of this section shall be approved by the [~~state game commission~~] secretary of natural resources and environment and the state board of finance prior to any money being encumbered for the project.

E. At any time that the game and fish bond retirement fund is insufficient to pay the principal and interest on all bonds [~~which~~] that have been issued and are outstanding, the unencumbered balance in the game and fish capital outlay fund shall be transferred to the game and fish bond retirement fund."

Section 48. Section 17-1-23 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 8) is amended to read:

"17-1-23. CONSTRUCTION.--The Game and Fish Bond Act is full authority for authorization and issuance by the [~~state game commission~~] natural resources and environment department of bonds authorized by the state board of finance, and the [~~commission~~] department may do anything necessary to carry out the powers granted by the Game and Fish Bond Act."

Section 49. Section 17-1-25 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 10) is amended to read:

"17-1-25. REFUNDING.--Any bonds issued under the Game and Fish Bond Act may be refunded under the terms of resolutions adopted by the [~~state game commission~~] natural resources and environment department, subject to any contractual limitations involved with any outstanding bonds, claims or other obligations. The proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded, or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the Game and Fish Bond Act for issuance of the original bonds."

Section 50. Section 17-1-27 NMSA 1978 (being Laws 1921, Chapter 35, Section 10) is amended to read:

"17-1-27. RULES--NOTICE AND HEARING.--Whenever three percent of the duly qualified electors of any county affected by a rule [~~or regulation~~] promulgated by the [~~commission~~] wildlife division of the natural resources and environment department, concerning hunting or fishing within [~~said~~] that county, [~~shall~~] petition the [~~commission~~] directors' functional group of the department in writing requesting a hearing, the [~~commission~~] directors' functional group shall grant a public hearing, the time, place and purpose of which shall be set forth by advertising in one or more newspapers of general circulation within the state not less than ten [~~(10)~~] days before the date of [~~such~~] the hearing, and shall, on the date of hearing, give full opportunity for all persons to be heard on the point in controversy; but nothing in this section shall be construed as suspending or invalidating any such rule [~~or regulation~~], unless it is suspended or revoked by the [~~commission~~] directors' functional group."

Section 51. Section 17-2-38 NMSA 1978 (being Laws 1974, Chapter 83, Section 2, as amended) is amended to read:

"17-2-38. DEFINITIONS.--As used in the Wildlife Conservation Act:

A. "commission" or "functional group" means the [~~state game commission~~] directors' functional group of the natural resources and environment department;

B. "director" means the director of the [~~department of game and fish~~] division;

C. "division" means the wildlife division of the natural resources and environment department;

[C.] D. "ecosystem" means a system of living organisms and their environment;

[D.] E. "endangered species" means any species of fish or wildlife whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:

(1) the present or threatened destruction, modification or curtailment of its habitat;

(2) overutilization for scientific, commercial or sporting purposes;

(3) the effect of disease or predation;

(4) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or

(5) any combination of the foregoing factors.

The term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the Endangered Species Act of 1973 as endangered species, provided that the [~~commission~~] division adopts those lists in whole or in part. The term shall not include any species covered by the provisions of 16 U.S.C. 1331 through 1340 (1971) and shall not include any species of the class insecta determined by the director to constitute a pest whose protection under the Wildlife Conservation Act would present an overwhelming and overriding risk to man;

[E.] F. "investigation" means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978 undertaken whenever the director suspects that a species may be threatened or endangered and which consists of a formal review of existing data and studies and may include additional field research to determine whether a species is threatened or endangered;

[F.] G. "land or aquatic habitat interests" means interests in real property or water rights consisting of fee simple title, easements in perpetuity, time certain easements, long-term leases and short-term leases;

[G.] H. "management" means the collection and application of biological information for the purposes of establishing and maintaining a congruous relationship between individuals within species and populations of wildlife and the carrying capacity of their habitat. The term includes the entire range of activities that constitutes a full scientific resource program [of], including [~~but not limited to~~] research, census, law enforcement, propagation, acquisition or maintenance of land or aquatic habitat interests appropriate for recovery of the species; improvement and maintenance, education and related activities; [or] and protection and regulated taking;

[H.] I. "recovery plan" means a designated program or methodology reasonably expected to lead to restoration and maintenance of a species and its habitat;

[I.] J. "peer review panel" means an advisory panel of scientists, each of whom possesses expertise relevant to the proposed investigation and at least one of whom is a wildlife biologist, convened to review the scientific methodology for collection and analysis of data by a researcher based on commonly accepted scientific peer review;

[J.] K. "species" means any species or subspecies;

[K.] L. "substantial public interest" means a nonfrivolous claim indicated by a broad-based expression of public concern;

[L.] M. "take" or "taking" means to harass, hunt, capture or kill any wildlife or attempt to do so;

[M.] N. "threatened species" means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range in New Mexico; the term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the Endangered Species Act of 1973 as threatened species, provided that the [~~commission~~] functional group adopts the list in whole or in part; and

[N.] O. "wildlife" means any nondomestic mammal, bird, reptile, amphibian, fish, mollusk or crustacean or any part, egg or offspring or the dead body or parts thereof."

Section 52. Section 17-2A-3 NMSA 1978 (being Laws 1996, Chapter 89, Section 5, as amended) is amended to read:

"17-2A-3. HUNTING GUIDES AND OUTFITTERS.--

A. Effective April 1, 1997, it is unlawful to be a hunting guide or outfitter in New Mexico without being registered, except for a private landowner or his authorized agent who outfits or guides pursuant to a landowner permit issued by the [~~department of game and fish~~] wildlife division of the natural resources and environment department for the landowner's property or for the landowner's shared private and public unit.

[B. The state game commission shall adopt regulations by September 1, 1997 to govern the granting of non-interim registration, permits and certificates to hunting guides and outfitters and to regulate the operations and professional conduct of registered hunting guides and outfitters. Regulations shall be adopted in accordance with the following procedures and standards:

(1) the commission shall establish dates and locations for a public hearing and provide reasonable prior public notice of a hearing. A public hearing shall be held at a place within any quadrant of the state affected by the proposed regulation when the commission determines there is substantial public interest in holding a hearing in that quadrant;

~~(2) a hearing shall be held within six months of the date a proposed regulation is issued;~~

~~(3) notice of a hearing shall:~~

~~(a) include the date, time and location of the hearing;~~

~~(b) include a statement of the recommended action;~~

~~(c) include an indication of the location and availability of the public file on the regulation;~~

~~(d) indicate where and by what date written and oral comments and testimony may be received; and~~

~~(e) specify that the public record shall remain open for comments for thirty days after the date of the final hearing; and~~

~~(4) the commission shall make its decision and take action based upon relevant and reliable evidence.~~

C.] B. No person shall be allowed to work as a registered hunting guide or outfitter in New Mexico:

(1) without being registered by the [~~state game commission~~] division;

(2) if the person has had a guide or outfitter license, registration, permit or certificate revoked in another state;

(3) if the person has had a guide or outfitter license, registration, permit or certificate suspended in another state and it has not been reinstated; or

(4) if the person has been convicted of a felony.

[D.] C. The [~~state game commission~~] division shall develop a point system for the suspension or revocation of a guide or outfitter registration. The point system shall be similar to the point system that governs individual hunting and fishing license privileges.

[E.] D. To be granted a registration to be a guide, an applicant shall, in addition to any other reasonable criteria adopted by the [~~state game commission~~] division, and except as provided for persons granted an interim registration:

(1) be at least eighteen years of age; and

(2) pass a written or oral examination approved by the [~~department of game and fish~~] division at a date and time approved by the [~~department~~] division.

[F.] E. A registered or interim registered guide shall work only under the supervision of a New Mexico registered or interim registered outfitter and in an area designated by the registered or interim registered outfitter.

[G.] F. The [~~department of game and fish~~] division may provide a registration for a temporary emergency guide, provided the registration is limited to a maximum seven-day period and is granted only in emergency circumstances as determined by the [~~department~~] division. The fee for a temporary emergency guide registration is ten dollars ($10.00).

[H.] G. To be granted a registration to be an outfitter, an applicant shall, in addition to any other reasonable criteria adopted by the [~~state game commission~~] division, and except as provided for persons granted an interim registration:

(1) be at least twenty-one years of age;

(2) have operated as a New Mexico registered guide for at least three years or have been granted an interim outfitter's registration;

(3) not be a convicted felon or have a history of violation of federal or state game and fish laws or [~~regulations~~] rules or federal or state guide or outfitter licensing or registration laws or [~~regulations~~] rules; and

(4) pass a written or oral examination approved by the [~~department of game and fish~~] division at a date and time determined by the [~~department~~] division.

[I.] H. A registered outfitter shall:

(1) provide proof of commercial liability insurance of at least five hundred thousand dollars ($500,000);

(2) responsibly supervise each registered guide working under his direction;

(3) provide a written contract for outfitting services, signed by the registered outfitter and identifying the outfitter's registration number, to each resident and nonresident who seeks to use the services of a registered outfitter;

(4) register with the taxation and revenue department and provide proof of that registration to the [~~department of game and fish~~] division; and

(5) provide at least one registered guide or outfitter for every four or fewer resident or nonresident hunters who have contracted for an outfitter's guided services.

[J.] I. The [~~department of game and fish~~] division shall provide to the taxation and revenue department a copy of each outfitter registration that is granted.

[K.] J. No person shall be allowed to charge a processing or other fee to obtain for a resident or nonresident a license that is granted from a special drawing for a hunt on public lands pursuant to the provisions of Section 17-3-16 NMSA 1978, except that nothing in this subsection shall prohibit the [~~department of game and fish~~] division from collecting an application fee.

[L.] K. A New Mexico resident registered outfitter shall be a registered outfitter who is a resident as defined in Section 17-3-4 NMSA 1978. The [~~state game commission~~] division shall adopt [~~regulations~~] rules that set forth additional requirements and that shall include at a minimum that a resident registered outfitter shall maintain a business address in New Mexico and, except as provided in Subsection Q of this section, derive at least fifty percent of his guiding or outfitting income from guiding or outfitting in New Mexico, as determined by gross receipts or corporate or individual income tax returns for the immediately preceding three years.

[M.] L. The [~~department of game and fish~~] division shall maintain for public distribution a list of New Mexico registered outfitters.

[N.] M. The annual registration fee for a registered guide in New Mexico is fifty dollars ($50.00) for a resident and one hundred dollars ($100) for a nonresident.

[O.] N. The annual registration fee to be a registered outfitter in New Mexico is five hundred dollars ($500) for either a resident or a nonresident.

[P.] O. Annual registration fees for guides and outfitters shall be deposited in the game protection fund.

[Q.] P. A resident interim registered or registered outfitter may apply for inactive status of his registration for any period in which he does not operate as an outfitter. The [~~state game commission~~] division shall reactivate an outfitter registration at the request of the outfitter and upon proof that the outfitter complies with the provisions of this section and upon payment of the annual registration fee for the year the registration is being reinstated and payment of a reinstatement fee of not to exceed fifty dollars ($50.00).

[R. The state game commission shall adopt by September 1, 1996 interim regulations, consistent to the greatest extent practicable with the provisions of this section, to provide for the granting of interim registrations to guides and outfitters. The commission shall issue interim registrations prior to mailing applications for 1997 licensed hunts to persons who qualify for interim registration and submit applications to the department of game and fish.

S.] Q. A person adversely affected by an action, other than a [~~regulation~~] rule, taken pursuant to the provisions of this section, including the denial, suspension or revocation of a registration, license, permit or certificate, may seek review of the action pursuant to the provisions of the Uniform Licensing Act.

[T.] R. A person adversely affected by a [~~regulation~~] rule adopted by the [~~state game commission~~] division pursuant to this section may appeal to the [~~court of appeals~~] directors' functional group of the natural resources and environment department. Appeal of a decision of the directors' functional group may be taken to the court of appeals. All appeals shall be made upon the record at the hearing and shall be taken to the court of appeals within thirty days following the date of the action. The date of the action shall be the date of the filing of the [~~regulation~~] rule by the [~~commission~~] division, pursuant to the provisions of the State Rules Act.

[U.] S. Upon appeal, the court of appeals shall set aside a [~~regulation~~] rule only if it is found to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

[V.] T. After a hearing and a showing of good cause by the appellant, a stay of a [~~regulation~~] rule being appealed may be granted:

(1) by the [~~state game commission~~] directors' functional group; or

(2) by the court of appeals if the [~~state game commission~~] directors' functional group denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application.

[W.] U. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals."

Section 53. Section 17-6-2 NMSA 1978 (being Laws 1973, Chapter 242, Section 2) is amended to read:

"17-6-2. DEFINITIONS.--As used in the Habitat Protection Act:

A. "commission" means the [~~state game commission~~] wildlife division of the natural resources and environment department;

B. "cross-country" means travel over the countryside other than by road;

C. "vehicle" means any motor-powered mechanical device used for conveyance; and

D. "road" means any maintained or unmaintained right of way that has been [~~utilized~~] used by the public, and includes roads, streets, highways and state scenic, recreation or historical trails."

Section 54. Section 68-2-3 NMSA 1978 (being Laws 1959, Chapter 122, Section 3, as amended) is amended to read:

"68-2-3. STATE FORESTER--COMPENSATION--SEAL--QUALIFICATIONS.--[A.] The director of the forestry division of the [~~energy, minerals and~~] natural resources and environment department is the "state forester" and shall be paid a salary, set by the secretary of [~~energy, minerals and~~] natural resources and environment, to be paid from the forest conservation fund. The division shall adopt a seal and such seal affixed to any paper signed by the state forester shall be prima facie evidence of the due execution thereof.

[~~B. No individual may be appointed as the state forester unless he is, by reason of scientific education and experience, knowledgeable in the principles of forest management.~~]"

Section 55. Section 68-2-31 NMSA 1978 (being Laws 1990, Chapter 96, Section 3, as amended) is amended to read:

"68-2-31. [~~DEFINITION~~] DEFINITIONS.--As used in the New Mexico Forest Re-Leaf Act:

A. "division" means the forestry division of the [~~energy, minerals and~~] natural resources and environment department; and

B. "tree" means any living single-stemmed or multi-stemmed woody material."

Section 60. Section 69-25A-3 NMSA 1978 (being Laws 1979, Chapter 291, Section 3, as amended) is amended to read:

"69-25A-3. DEFINITIONS.--As used in the Surface Mining Act:

A. "commission" means the [~~coal surface mining commission~~] directors' functional group of the natural resources and environment department;

B. "director", when used without further qualification, means the director of the mining and minerals division of the [~~energy, minerals and~~] natural resources and environment department or his designee;

C. "alluvial valley floors" means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities, but does not include upland areas [~~which~~] that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown deposits;

D. "approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with all highwalls and spoil piles eliminated; water impoundments may be permitted where the director determines that they are in compliance with Paragraph (8) of Subsection B of Section 69-25A-19 NMSA 1978;

E. "imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of the Surface Mining Act, in a surface coal mining and reclamation operation, which condition, practice or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement;

F. "operator" means any person engaged in coal mining who removes or intends to remove more than two hundred fifty tons of coal from the earth by coal mining within twelve consecutive calendar months in any one location;

G. "other minerals" means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal, and those minerals [~~which~~] that occur naturally in liquid or gaseous form;

H. "permit" means a permit to conduct surface coal mining and reclamation operations issued by the director pursuant to the Surface Mining Act;

I. "permit applicant" or "applicant" means a person applying for a permit;

J. "permit area" means the area of land indicated on the approved map submitted by the operator with his application, which area of land is to be covered by the operator's bond as required by Section 69-25A-13 NMSA 1978 and shall be readily identifiable by appropriate markers on the site;

K. "permittee" means a person holding a permit;

L. "person" means an individual, partnership, association, society, joint stock company, firm, company, corporation or other business organization;

M. the term "prime farmland" is to be defined by [~~regulation~~] rule of the commission after considering such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, erosion characteristics, history of use for intensive agricultural purposes and regulations issued by the United States secretary of agriculture;

N. "reclamation plan" means a plan submitted by an applicant for a permit [~~which~~] that sets forth a plan for reclamation of the proposed surface coal mining operations pursuant to Section 69-25A-12 NMSA 1978;

O. "surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary and incident to the reclamation of those operations after the date of enactment of the Surface Mining Act;

P. "surface coal mining operations" means:

(1) activities conducted on the surface of lands in connection with a surface coal mine or activities subject to the requirements of Section 69-25A-20 NMSA 1978 relating to surface operations and surface impacts incident to an underground coal mine. The activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit and area mining. These activities also include uses of explosives and blasting and in situ distillation or retorting, leaching or other chemical or physical processing and the cleaning, concentrating or other processing or preparation, including loading of coal at or near the mine site; provided, however, that such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for purposes of commercial use or sale or coal exploration subject to Section 69-25A-16 NMSA 1978; and

(2) the areas upon which these activities occur or where the activities disturb the natural land surface. These areas also include any adjacent land, the use of which is incidental to any of the activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of these activities and for haulage and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or materials on the surface, resulting from or incident to these activities;

Q. "unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of his permit or any requirement of the Surface Mining Act due to indifference, lack of diligence or lack of reasonable care, or the failure to abate any violation of the permit or the Surface Mining Act due to indifference, lack of diligence or lack of reasonable care; and

R. "lignite coal" means consolidated lignitic coal having less than eight thousand three hundred BTUs per pound, moisture- and mineral-matter free."

Section 57. Section 69-25B-3 NMSA 1978 (being Laws 1980, Chapter 87, Section 3, as amended) is amended to read:

"69-25B-3. DEFINITIONS.--As used in the Abandoned Mine Reclamation Act:

A. "director" means the director of the mining and minerals division of the [~~energy, minerals and~~] natural resources and environment department;

B. "eligible lands and water" means land or water that was mined or that was affected by mining, wastebanks, processing or other mining processes and abandoned or left in an inadequate reclamation status and for which there is no continuing reclamation responsibility under state or federal laws;

C. "emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to health, safety or general welfare of people before the danger can be abated under normal program procedures; and

D. "fund" means the abandoned mine reclamation fund."

Section 58. Section 69-25B-4 NMSA 1978 (being Laws 1980, Chapter 87, Section 4, as amended) is amended to read:

"69-25B-4. ABANDONED MINE RECLAMATION FUND--CREATED.--[~~There is created within the state treasury~~] The "abandoned mine reclamation fund" is created in the state treasury. All money received by the state pursuant to Title 4 of the Surface Mining Control and Reclamation Act of 1977, as amended, shall be delivered to the state treasurer and be deposited in the fund. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of [~~energy, minerals and~~] natural resources and environment in order to carry out the purposes of the Abandoned Mine Reclamation Act."

Section 59. Section 69-36-3 NMSA 1978 (being Laws 1993, Chapter 315, Section 3) is amended to read:

"69-36-3. DEFINITIONS.--As used in the New Mexico Mining Act:

A. "affected area" means the area outside of the permit area where the land surface, surface water, ground water and air resources are impacted by mining operations within the permit area;

B. "commission" means the [~~mining commission established in the New Mexico Mining Act~~] directors' functional group of the natural resources and environment department;

C. "director" means the director of the division or his designee;

D. "division" means the mining and minerals division of the [~~energy, minerals and~~] natural resources and environment department;

E. "existing mining operation" means an extraction operation that produced marketable minerals for a total of at least two years between January 1, 1970 and [~~the effective date of the New Mexico Mining Act~~] June 18, 1993;

F. "exploration" means the act of searching for or investigating a mineral deposit, including sinking shafts, tunneling, drilling core and bore holes, digging pits, making cuts and other works for the purpose of extracting samples prior to commencement of development or extraction operations and the building of roads, access ways and other facilities related to such work; however, activities that cause no or very little surface disturbance, such as airborne surveys and photographs, use of instruments or devices that are hand carried or otherwise transported over the surface to perform magnetic, radioactive or other tests and measurements, boundary or claim surveying, location work or other work that causes no greater disturbance than is caused by ordinary lawful use of the area by persons not engaged in exploration, are excluded from the meaning of "exploration";

G. "mineral" means a nonliving commodity that is extracted from the earth for use or conversion into a saleable or usable product, but does not include clays, adobe, flagstone, potash, sand, gravel, caliche, borrow dirt, quarry rock used as aggregate for construction, coal, surface water or subsurface water, geothermal resources, oil and natural gas together with other chemicals recovered with them, commodities, byproduct materials and wastes that are regulated by the nuclear regulatory commission or waste regulated under Subtitle C of the federal Resource Conservation and Recovery Act of 1976;

H. "mining" means the process of obtaining useful minerals from the earth's crust or from previously disposed or abandoned mining wastes, including exploration, open-cut mining and surface operation, the disposal of refuse from underground and in situ mining, mineral transportation, concentrating, milling, evaporation, leaching and other processing. "Mining" does not mean the exploration and extraction of potash, sand, gravel, caliche, borrow dirt [~~and~~] or quarry rock used as aggregate in construction; the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipes; the development or extraction of coal; the extraction of geothermal resources; smelting, refining, cleaning, preparation, transportation or other off-site operations not conducted on permit areas; or the extraction, processing or disposal of commodities, byproduct materials or wastes or other activities regulated by the federal nuclear regulatory commission;

I. "new mining operation" means a mining operation that engages in a development or extraction operation after [~~the effective date of the New Mexico Mining Act~~] June 18, 1993 and that is not an existing mining operation;

J. "permit area" means the geographical area defined in the permit for a new mining operation or for an existing mining operation on which mining operations are conducted or cause disturbance; and

K. "reclamation" means the employment during and after a mining operation of measures designed to mitigate the disturbance of affected areas and permit areas and, to the extent practicable, provide for the stabilization of a permit area following closure that will minimize future impact to the environment from the mining operation and protect air and water resources."

Section 60. Section 70-2-2 NMSA 1978 (being Laws 1935, Chapter 72, Section 1, as amended) is amended to read:

"70-2-2. WASTE PROHIBITED.--The production or handling of crude petroleum oil or natural gas of any type or in any form or the handling of products [~~thereof~~] of crude petroleum or natural gas in such manner or under such conditions or in such amounts as to constitute or result in waste is [~~each hereby~~] prohibited."

Section 61. Section 70-2-3 NMSA 1978 (being Laws 1935, Chapter 72, Section 2, as amended) is amended to read:

"70-2-3. WASTE--DEFINITIONS.--As used in [~~this~~] the Oil and Gas Act: [~~the term~~]

A. "waste", in addition to its ordinary meaning, [~~shall include~~] includes:

[A.] (1) "underground waste" as those words are generally understood in the oil and gas business and in any event to embrace the inefficient, excessive or improper use or dissipation of the reservoir energy, including gas energy and water drive, of any pool and the locating, spacing, drilling, equipping, operating or producing of any well [~~or wells~~] in a manner to reduce or tend to reduce the total quantity of crude petroleum oil or natural gas ultimately recovered from any pool and the use of inefficient underground storage of natural gas;

[B.] (2) "surface waste" as those words are generally understood in the oil and gas business and in any event to embrace the unnecessary or excessive surface loss or destruction without beneficial use, however caused, of natural gas of any type or in any form or crude petroleum oil or any product thereof, but including the loss or destruction, without beneficial use, resulting from evaporation, seepage, leakage or fire, especially such loss or destruction, incident to or resulting from the manner of spacing, equipping, operating or producing [~~well or~~] wells or incident to or resulting from the use of inefficient storage or from the production of crude petroleum oil or natural gas in excess of the reasonable market demand;

[C.] (3) the production of crude petroleum oil in this state in excess of the reasonable market demand for [~~such~~] crude petroleum oil. [~~Such~~] Excess production causes or results in waste [~~which~~] that is prohibited by [~~this~~] the Oil and Gas Act. The words "reasonable market demand", as used [~~herein~~] in that act with respect to crude petroleum oil, shall be construed to mean the demand for [~~such~~] crude petroleum oil for reasonable current requirements for current consumption and use within or outside the state, together with the demand for [~~such~~] amounts [~~as are~~] reasonably necessary for building up or maintaining reasonable storage reserves of crude petroleum oil or the products thereof or both [~~such~~] crude petroleum oil and products;

[D.] (4) the nonratable purchase or taking of crude petroleum oil in this state. [~~Such~~] Nonratable taking and purchasing causes or results in waste as defined in [~~the~~] Subsections A, B and C of this section and causes waste by violating Subsection A of Section [~~12 (a) of this act~~] 70-2-16 NASA 1978;

[E.] (5) the production in this state of natural gas from any gas well [~~or wells~~] or from any gas pool in excess of the reasonable market demand from such source for natural gas of the type produced or in excess of the capacity of gas transportation facilities for such type of natural gas. The words "reasonable market demand", as used [~~herein~~] in the Oil and Gas Act with respect to natural gas, shall be construed to mean the demand for natural gas for reasonable current requirements, for current consumption and for use within or outside the state, together with the demand for [~~such~~] amounts [~~as are~~] necessary for building up or maintaining reasonable storage reserves of natural gas or gas or products thereof or both [~~such~~] natural gas and products; and

[F.] (6) drilling or producing operations for oil or gas within any area containing commercial deposits of potash where [~~such~~] those operations would have the effect unduly to reduce the total quantity of [~~such~~] the commercial deposits of potash [~~which~~] that may reasonably be recovered in commercial quantities or where [~~such~~] those operations would interfere unduly with the orderly commercial development of [~~such~~] the potash deposits;

B. "commission" or "functional group" means the director's functional group of the natural resources and environment department; and

C. "division" means the oil conservation division of the natural resources and environment department."

Section 62. Section 70-2-5 NMSA 1978 (being Laws 1977, Chapter 255, Section 40, as amended) is amended to read:

"70-2-5. OIL CONSERVATION DIVISION--DIRECTOR--STATE PETROLEUM ENGINEER.--

A. The director of the oil conservation division of the [~~energy, minerals and~~] natural resources and environment department shall be known as the "state petroleum engineer".

B. The director shall be appointed by the secretary of [~~energy, minerals and~~] natural resources and environment and shall:

(1) be a resident of this state; and

(2) be registered by the state board of registration for professional engineers and land surveyors as a petroleum engineer; or

(3) by virtue of education and experience have expertise in the field of petroleum engineering."

Section 63. Section 70-2-6 NMSA 1978 (being Laws 1935, Chapter 72, Section 4, as amended) is amended to read:

"70-2-6. [~~COMMISSION'S AND~~] DIVISION'S POWERS AND DUTIES.--

A. The oil conservation division [~~shall have, and is hereby given~~] has jurisdiction and authority over all matters relating to the conservation of oil and gas and the prevention of waste of potash as a result of oil or gas operations in this state. [~~It shall have~~] The division has jurisdiction, authority and control of and over all persons, matters or things necessary or proper to enforce effectively the provisions of [~~this~~] the Oil and Gas Act or any other law of this state relating to the conservation of oil or gas and the prevention of waste of potash as a result of oil or gas operations.

B. The [~~commission shall have concurrent jurisdiction and authority with the division to the extent necessary for the commission to perform its duties as required by law. In addition, any~~] functional group of the natural resources and environment department shall hold a hearing on any matter that may be held before the [~~commission~~] directors' functional group if the division director, in his discretion, determines that the [~~commission~~] directors' functional group shall hear the matter."

Section 64. Section 70-2-7 NMSA 1978 (being Laws 1935, Chapter 72, Section 5, as amended) is amended to read:

"70-2-7. RULES OF PROCEDURE IN HEARINGS [~~MANNER OF GIVING NOTICE--RECORD OF RULES, REGULATIONS AND ORDERS~~].--The oil conservation division of the [~~energy, minerals and~~] natural resources and environment department shall prescribe by rule [~~its~~] the rules of order or procedure in hearings or other proceedings before it or the functional group under the Oil and Gas Act."

Section 65. Section 70-2-11 NMSA 1978 (being Laws 1935, Chapter 72, Section 9, as amended) is amended to read:

"70-2-11. POWER [~~OF COMMISSION AND DIVISION~~] TO PREVENT WASTE AND PROTECT CORRELATIVE RIGHTS.--[A.] The oil conservation division [~~is hereby empowered and it is its duty to~~] shall prevent waste prohibited by [~~this~~] the Oil and Gas Act and to protect correlative rights as [~~in this act~~] provided in that act. To that end, the division [~~is empowered to~~] may make and enforce rules [~~regulations and orders~~] and [to] do whatever may be reasonably necessary to carry out the purpose of [~~this~~] that act, whether or not indicated or specified in any section [~~hereof~~] of that act.

[~~B. The commission shall have concurrent jurisdiction and authority with the division to the extent necessary for the commission to perform its duties as required by law.~~]"

Section 66. Section 70-6-2 NMSA 1978 (being Laws 1963, Chapter 139, Section 2, as amended) is amended to read:

"70-6-2. DEFINITIONS.--As used in Chapter 70, Article 6 NMSA 1978:

A. "underground storage" means storage of natural gas in a subsurface stratum or formation of the earth;

B. "natural gas" means natural gas either while in its original state after withdrawal from the earth or after it has been processed by removal of component parts not essential to its use for light and fuel;

C. "native gas" means gas that has not been previously withdrawn from the earth;

D. "division" means the oil conservation division of the [~~energy, minerals and~~] natural resources and environment department;

E. "commission" means the [~~oil conservation commission~~] directors' functional group of the natural resources and environment department;

F. "natural gas company" means any person, firm or corporation engaged in the distribution, sale or furnishing of natural gas to or for the public and subject to regulation by the [~~New Mexico~~] public [~~utility~~] regulation commission under the Public Utility Act or any person, firm or corporation engaged in the business of transporting natural gas and subject to regulation by the federal energy regulatory commission under the Natural Gas Act; and

G. "public body" means the state or any department, board, commission, bureau, institution, public agency, county or political subdivision thereof, including bodies corporate, bodies politic, municipal corporations, school districts, conservancy districts and quasi-municipal corporations of all kinds."

Section 67. Section 70-11-2 NMSA 1978 (being Laws 1989, Chapter 189, Section 2) is amended to read:

"70-11-2. OFFICE CREATED--DUTIES.--[~~There is created~~] The "office of interstate natural gas markets" [~~to be located~~] is created in the [~~energy, minerals and~~] natural resources and environment department. The office shall:

A. conduct economic and legal studies of the interstate natural gas markets and of the trade policies and practices of the federal energy regulatory commission and regulatory agencies and local distributing companies lying outside New Mexico;

B. determine the impact of those practices on the economic well-being of New Mexico, especially as it relates to severance tax, royalty and general fund income of the state;

C. develop and implement marketing strategies and, if applicable, prepare legislation to promote the use of natural gas produced in New Mexico by markets in other states;

D. employ legal counsel and initiate or enter lawsuits as appropriate for the purpose of protecting and promoting the public interest in matters involving interstate natural gas markets;

E. initiate or intervene in cases before the federal energy regulatory commission, the California public utility commission and other regulatory agencies lying outside New Mexico to protect and promote the public interest of the state;

F. present two progress reports to the legislative finance committee each year; and

G. contract with state agencies and other appropriate entities and persons as may be required to carry out the purposes of [~~this act~~] Chapter 70, Article 11 NMSA 1978 and those purposes outlined in Laws 1988, Chapter 27, Section 3."

Section 68. Section 71-5-3 NMSA 1978 (being Laws 1975, Chapter 272, Section 3, as amended) is amended to read:

"7l-5-3. DEFINITIONS.--As used in the Geothermal Resources Conservation Act:

A. "geothermal resources" means the natural heat of the earth or the energy, in whatever form, below the surface of the earth present in, resulting from, created by or [~~which~~] that may be extracted from this natural heat and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas and other hydrocarbon substances;

B. "commission" means the [~~oil conservation commission~~] directors' functional group of the natural resources and environment department;

C. "correlative rights" means the opportunity afforded, insofar as is practicable to do so, to the owner of each property in a geothermal reservoir to produce his just and equitable share of the geothermal resources within such reservoir, being an amount, so far as can be practicably determined and so far as can be practicably obtained without waste, substantially in the proportion that the recoverable geothermal resources under such property bear to the total recoverable geothermal resources in the reservoir and, for such purpose, to use his just and equitable share of the natural heat or energy in the reservoir;

D. "division" means the oil conservation division of the [~~energy, minerals and~~] natural resources and environment department;

E. "geothermal reservoir" means an underground reservoir containing geothermal resources, whether the fluids in the reservoir are native to the reservoir or flow into or are injected into the reservoir;

F. "geothermal field" means the general area [~~which~~] that is underlaid or reasonably appears to be underlaid by at least one geothermal reservoir;

G. "low-temperature thermal reservoir" means a geothermal reservoir containing low-temperature thermal water, which is defined as naturally heated water, the temperature of which is less than boiling at the altitude of occurrence, which has additional value by virtue of the heat contained therein and is found below the surface of the earth or in warm springs at the surface;

H. "person" means:

(l) [~~any~~] an individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity; or

(2) the United States or any agency or instrumentality thereof or the state of New Mexico or any political subdivision thereof;

I. "well" means any well dug or drilled for the discovery or development of geothermal resources or incident to the discovery or development of geothermal resources or for the purpose of injecting or reinjecting geothermal resources or the residue thereof or other fluids into a geothermal reservoir or any well dug or drilled for any other purpose and reactivated or converted to any of the aforesaid uses; and

J. "potash" means the naturally occurring bedded deposits of the salts of the element potassium."

Section 69. Section 71-6-7 NMSA 1978 (being Laws 1981, Chapter 379, Section 17, as amended) is amended to read:

"71-6-7. [~~ENERGY, MINERALS AND~~] NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT--DUTIES RELATING TO SOLAR COLLECTOR STANDARDS.--

A. The secretary of [~~energy, minerals and~~] natural resources and environment or his designee shall promulgate [~~regulations~~] rules to:

(1) define minimum standards for the durability and reliability of solar collectors; and

(2) establish criteria for testing the durability, reliability and thermal efficiency of solar collectors.

B. In promulgating the [~~regulations~~] rules required by Subsection A of this section, the secretary or his designee shall:

(1) consult with scientists, engineers and individuals in research centers and professional societies such as the American society of testing and materials who are engaged in the construction of, experimentation with and research of solar energy systems in order to make changes, modifications and improvements to the standards and certification program;

(2) consider compliance costs to industry and, insofar as practicable, make efforts to reduce such costs; and

(3) consider similar standards and testing criteria adopted by other states or included in nationally recognized and accepted testing methodologies.

C. The secretary of [~~energy, minerals and~~] natural resources and environment or his designee shall approve testing facilities [~~which~~] that meet the criteria established by Paragraph (2) of Subsection A of this section and [~~which~~] that have no financial interest in the manufacture, distribution or sale of solar collectors. Any approved testing facility [~~which~~] that is partially or wholly supported by state funds may collect a reasonable testing fee sufficient to cover the costs of testing."

Section 70. Section 72-2-1 NMSA 1978 (being Laws 1907, Chapter 49, Section 4, as amended) is amended to read:

"72-2-l. APPOINTMENT--REMOVAL--QUALIFICATIONS--DUTIES--OFFICE--PRIVATE PRACTICE PROHIBITED.--[~~There shall be a~~] The "state engineer" [~~who shall be a technically qualified and registered professional engineer under the Engineering and Land Surveying Practice Act and~~] shall be appointed by the secretary of water resources with the approval of the governor and be confirmed by the senate. [~~He shall hold office for the term of two years or until his successor has been appointed and has qualified.~~ ~~He is subject to removal only for cause. He~~] The state engineer shall be the director of the water rights and adjudication division of the water resources department. The state engineer has general supervision of waters of the state and of the measurement, appropriation and distribution thereof and such other duties as required. [The salary of the state engineer shall be set by the governor, and he shall receive necessary traveling expenses while away from his office in the discharge of official duties pursuant to the provisions of the Per Diem and Mileage Act. The "office of the state engineer" shall be located at the seat of government. He] The state engineer shall not engage in any private practice."

Section 71. Section 72-2-7 NMSA 1978 (being Laws 1907, Chapter 49, Section 10, as amended) is amended to read:

"72-2-7. RECORDS--COPIES.--[~~Sec. 10.~~] The records of the [~~office of the state engineer~~] water rights and adjudication division of the water resources department are public records and shall remain on file in [~~his office~~] the division and [~~shall~~] be open to the inspection of the public at all times during business hours. [~~Such~~] The records shall show all applications filed, with date of filing, and shall show in full all permits, certificates of completion of construction and licenses issued, together with all action thereon, and all [~~action~~] actions or decisions of the state engineer affecting any rights or claims to appropriate water. Certified copies of any records or papers on file in the [~~office of the state engineer~~] division shall be evidence equally with the originals [~~thereof~~] and when introduced as evidence shall be held [~~as of~~] to have the same validity as the originals."

Section 72. Section 72-7-1 NMSA 1978 (being Laws 1907, Chapter 49, Section 63, as amended) is amended to read:

"72-7-1. APPEAL TO DISTRICT COURT--PROCEDURE.--

A. Any applicant or other party dissatisfied with [~~any~~] a decision, act or refusal to act of the state engineer may appeal to the district court of the county in which the work or point of desired appropriation is situated.

B. Appeals to the district court shall be taken by serving a notice of appeal upon the state engineer and all parties interested within thirty days after receipt by certified mail of notice of the decision, act or refusal to act. If an appeal is not timely taken, the action of the state engineer is conclusive.

C. The notice of appeal may be served in the same manner as a summons in civil actions brought before the district court or by publication [is] in some newspaper printed in the county or water district in which the work or point of desired appropriation is situated, once a week for four consecutive weeks. The last publication shall be at least twenty days prior to the date the appeal may be heard. Proof of service of the notice of appeal shall be made in the same manner as in actions brought in the district court and shall be filed in the district court within thirty days after service is complete. At the time of filing the proof of service and upon payment by the appellant of the civil docket fee, the clerk of the district court shall docket the appeal.

D. Costs shall be taxed in the same manner as in cases brought in the district court, and bond for costs may be required upon proper application.

E. The proceeding upon appeal shall be [de novo as cases originally docketed in the district court. Evidence taken in a hearing before the state engineer may be considered as original evidence subject to legal objection, the same as if the evidence was originally offered in the district court. The court shall allow all amendments which may be necessary in furtherance of justice and may submit any question of fact arising therein to a jury or to one or more referees at its discretion] on the record as provided in Section 72-2-16 NMSA 1978."

Section 73. Section 72-7-2 NMSA 1978 (being Laws 1907, Chapter 49, Section 64, as amended) is amended to read:

"72-7-2. DUTY TO PRODUCE EVIDENCE--COPIES.--It [~~shall be~~] is the duty of the state engineer, upon being served with notice of appeal as [~~aforesaid~~] provided in Section 72-7-1 NMSA 1978, to [~~forwith~~] transmit or produce before the district court to which appeal may be taken [the papers, maps, plats, field notes and other data in his possession affecting the matter in controversy, or certified copies thereof, which copies shall be admitted in evidence as of equal validity with the originals] the record of the decision, act or refusal to act."

Section 74. Section 72-14-3 NMSA 1978 (being Laws 1935, Chapter 25, Section 3) is amended to read:

"72-14-3. GENERAL POWERS--INTERSTATE COMPACTS--EMPLOYEES.--[~~That said commission is hereby authorized to~~] The river and watershed management division of the water resources department may negotiate compacts with other states to settle interstate controversies [or] looking toward an equitable distribution and division of waters in interstate stream systems, subject, in all cases, to final approval by the legislature of New Mexico; to match appropriations made by the congress of the United States for investigations looking to the development of interstate streams originating in or flowing through the state [~~of New Mexico~~]; to investigate water supply, to develop, to conserve, to protect and to do any and all other things necessary to protect, conserve and develop the waters and stream systems of this state, interstate or otherwise; to institute or cause to be instituted in the name of the state [~~of New Mexico any and~~] all negotiations [~~and/or~~] or legal proceedings as in its judgment are necessary to carry out the provisions of [~~this Act~~] Sections 72-14-1 through 72-14-3 NMSA 1978; to do all other things necessary to carry out the provisions of [~~this Act~~] those sections; to employ such attorneys, engineers and clerical help as, in its judgment, may be necessary to carry out the provisions of [~~this Act~~] those sections and to fix their compensation and expenses; together with such other powers and duties as may, from time to time, be given [~~said commission~~] the division by the legislature [~~of New Mexico.~~ The attorney general shall be the legal adviser of such commission and attorneys employed as above shall be subject to his approval and supervision and be designated as special assistant attorneys general]."

Section 75. Section 72-14-4 NMSA 1978 (being Laws 1935, Chapter 24, Section 1, as amended by Laws 1997, Chapter 241, Section 1 and also by Laws 1997, Chapter 246, Section 1) is amended to read:

"72-14-4. BUDGET AND PLAN SUBMITTED TO GOVERNOR ANNUALLY.--The [~~interstate stream commission~~] river and watershed management division of the water resources department shall annually prepare and submit a budget, together with a complete and detailed plan looking toward the improvement of the Rio Grande in this state and increasing the surface flow of water in the river during the ensuing fiscal year. The plan and budget shall be submitted annually in accordance with the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978."

Section 76. Section 73-2-65 NMSA 1978 (being Laws 1993, Chapter 293, Section 1) is amended to read:

"73-2-65. ACEQUIA COMMISSION--CREATED--MEMBERSHIP--TERMS.--

A. [~~There is created~~] The "acequia commission" [~~which~~] is created and administratively attached to the [~~local government division of the department of finance and administration~~] water resources department.

B. The acequia commission shall be appointed by the governor and shall consist of eleven members who reside in the irrigated areas of the state containing acequias. Members shall own land irrigated from an acequia or community ditch organized pursuant to a ditch or acequia statute. Each member appointed by the governor shall serve a term of four years.

C. The initial appointments to the acequia commission shall include the ten persons serving as members of the governor's acequia commission, organized pursuant to executive order 88-06, and one member of the public who has a background in business. Of the initial appointees, four members shall be appointed by lot for two-year terms, four members shall be appointed by lot for three-year terms and three members shall be appointed by lot for four-year terms.

D. The acequia commission shall meet at the call of the chairman not less than quarterly and not more than once a month. The chairman shall be elected from among the members of the commission."

Section 77. Section 73-2A-3 NMSA 1978 (being Laws 1988, Chapter 157, Section 3, as amended) is amended to read:

"73-2A-3. FUND CREATED.--

A. An "acequia and community ditch fund" is created in the state treasury, to be expended upon order of the [~~director of the New Mexico department of agriculture~~] secretary of water resources to carry out the purposes of contracting with acequia and ditch associations constituting a majority of acequias or ditches within an adjudication suit or a separately administered portion of an adjudication suit to provide assistance to acequias and community ditch associations in the adjudication process, including historical studies, economic impact reports, expert witness fees, legal fees and other technical services related to the adjudication process.

B. Money in the acequia and community ditch fund may be used to enter into agreements for grants-in-aid to satisfy costs and expenses incurred by acequias and community ditch associations. The amount of funding provided to acequia and ditch associations in any given year shall be determined by a simple majority of a committee consisting of the director of the New Mexico department of agriculture, the [~~chairman of the interstate stream commission~~] secretary of water resources or his designee and a third person who will be elected from within the New Mexico acequia commission. The committee shall consider financial need, progress of the adjudication and the trial schedule; however, the committee is not limited to these factors in awarding grant agreements. No more than one-fourth of the money allocated from the acequia and community ditch fund shall be allocated to one acequia association; provided, however, that at least the eight most qualified applicant associations may be considered to receive money that is in the fund and available for any given fiscal year. The committee shall consider the state engineer's report on the eligibility and priority of applicants for funds. Disbursement of the fund shall be made upon a warrant drawn by the secretary of finance and administration [~~transferring money in the fund to the New Mexico department of agriculture for expenditure~~] pursuant to vouchers signed by the [~~director or his representative~~] secretary of water resources or his authorized representative. Balances in the fund at the end of any fiscal year shall not revert to the general fund and may be expended to carry out the purposes of the Acequia and Community Ditch Fund Act."

Section 78. Section 74-1-3 NMSA 1978 (being Laws 1971, Chapter 277, Section 3, as amended) is amended to read:

"74-l-3. DEFINITIONS.--As used in the Environmental Improvement Act:

[~~A. "board" means the environmental improvement board;~~

~~B. "department" or "environmental improvement department" means the department of environment;~~

C.] A. "on-site liquid waste system" means a liquid waste system, or part thereof, serving a dwelling, establishment or group, and using a liquid waste treatment unit designed to receive liquid waste followed by either a soil treatment or other type of disposal system. "On-site liquid waste system" includes holding tanks and privies but does not include systems or facilities designed to receive or treat mine or mill tailings or wastes;

[D.] B. "person" means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity and includes any officer or governing or managing body of any political subdivision or public or private corporation; and

[E.] C. "residential on-site liquid waste system" means an on-site liquid waste system serving up to four dwelling units [~~and~~

~~F. "secretary" means the secretary of environment~~]."

Section 79. Section 74-1-6 NMSA 1978 (being Laws 1971, Chapter 277, Section 9, as amended) is amended to read:

"74-l-6. DEPARTMENT--POWERS.--The natural resources and environment department shall have power to:

A. sue and be sued;

B. make contracts to carry out its delegated duties;

C. enter into agreements with environmental and consumer protection agencies of other states and the federal government pertaining to duties of the department;

D. enter into investigation and remediation agreements with persons potentially responsible for sites within New Mexico subject to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 [~~and such agreements shall not duplicate or take any authority from the oil conservation commission~~];

E. serve as agent of the state in matters of environmental management and consumer protection not expressly delegated by law to another department, commission or political subdivision in which the United States is a party;

F. enforce the rules [~~regulations and orders~~] promulgated by the [~~board~~] department and environmental management and consumer protection laws for which the department is responsible by appropriate action in courts of competent jurisdiction;

G. on the same basis as any other person, recommend and propose [~~regulations~~] rules for promulgation [~~by the board~~];

H. on the same basis as any other person, present data, views or arguments and examine witnesses and otherwise participate at all hearings conducted by the [~~board~~] directors' functional group of the department or any other administrative agency with responsibility in the areas of environmental management or consumer protection, but shall not be given any special status over any other party; and

I. have such other powers as may be necessary and appropriate for the exercise of the powers and duties delegated to the department."

Section 80. Section 74-1-7 NMSA 1978 (being Laws 1971, Chapter 277, Section 10, as amended by Laws 2000, Chapter 86, Section 1 and also by Laws 2000, Chapter 96, Section 1) is amended to read:

"74-1-7. NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT--DUTIES.--

A. The natural resources and environment department is responsible for environmental management and consumer protection programs. In that respect, the department shall promulgate, maintain, develop and enforce rules and standards in the following areas:

(1) food protection;

[(2) water supply, including implementing a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act and establishing administrative penalties for enforcement;

(3) liquid waste, including exclusive authority to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems;

~~(4)~~] (2) air quality management as provided in the Air Quality Control Act;

[~~(5)~~] (3) radiation control and establishment of license, registration and other related fees as provided in the Radiation Protection Act;

[~~(6)~~] (4) noise control;

[~~(7)~~] (5) nuisance abatement;

[~~(8)~~] (6) vector control;

[~~(9)~~] (7) occupational health and safety as provided in the Occupational Health and Safety Act;

[~~(10)~~] (8) sanitation of public swimming pools and public baths;

[~~(11)~~] (9) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health;

[~~(12)~~] (10) medical radiation, health and safety certification and standards for radiologic technologists as provided in the Medical Radiation Health and Safety Act;

[~~(13)~~] (11) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act; and

[~~(14)~~] (12) solid waste as provided in the Solid Waste Act.

B. Nothing in Subsection A of this section imposes requirements for the approval of subdivision plats in addition to those required elsewhere by law. Nothing in Subsection A of this section preempts the authority of any political subdivision to approve subdivision plats."

Section 81. A new Section 74-1-7.1 NMSA 1978 is enacted to read:

"74-1-7.1. [NEW MATERIAL] WATER RESOURCES DEPARTMENT--DUTIES.--

A. The water resources department is responsible for environmental management and consumer protection programs related to water supply liquid and waste. In that respect, the department shall promulgate, maintain, develop and enforce rules and standards in the following areas:

(1) water supply, including implementing a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act of 1974 and establishing administrative penalties for enforcement; and

(2) liquid waste, including exclusive authority to collect on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems.

C. Administrative penalties collected pursuant to Paragraph (1) of Subsection A of this section shall be deposited in the water conservation fund.

D. On-site liquid waste system fees shall be deposited in the liquid waste fund."

Section 82. Section 74-1-9 NMSA 1978 (being Laws 1971, Chapter 277, Section 13, as amended) is amended to read:

"74-l-9. ADOPTION OF [~~REGULATIONS~~] RULES--NOTICE AND HEARING--APPEAL.--

A. Any person may recommend or propose [~~regulations~~] rules to [~~the board~~] the natural resources and environment department or the water resources department pertaining to the Environmental Improvement Act, as applicable, for promulgation. [~~The board~~] Either department shall determine whether [~~or not~~] to hold a hearing within sixty days of submission of a proposed regulation.

B. No [~~regulation~~] rule shall be adopted until after a public hearing by [~~the board~~] either department. As used in this section, [~~"regulation"~~] "rule" includes any amendment or repeal thereof. Hearings on [~~regulations~~] rules of nonstatewide application shall be held within that area [~~which~~] that is substantially affected by the [~~regulation~~] rule. Hearings on [~~regulations~~] rules of statewide application may be held at Santa Fe or within any area of the state substantially affected by the [~~regulation~~] rule. In making its [~~regulations~~] rules, [~~the board~~] either department shall give the weight it deems appropriate to all relevant facts and circumstances presented at the public hearing, including [~~but not limited to~~]:

(1) character and degree of injury to or interference with health, welfare, animal and plant life, property and the environment;

(2) the public interest, including the social, economic and cultural value of the regulated activity and the social, economic and cultural effects of environmental degradation; and

(3) technical practicability, necessity for and economic reasonableness of reducing, eliminating or otherwise taking action with respect to environmental degradation.

C. The standards for [~~regulations~~] rules set forth in Subsection A of this section do not apply to the promulgation of [~~regulations~~] rules under the Air Quality Control Act or any other act in which specific standards are set forth for [~~the board's~~] either department's consideration.

D. Notice of the hearing shall be given at least sixty days prior to the hearing date and shall state the subject, the time and the place of the hearing and the manner in which interested persons may present their views. The proposed language amending any existing [~~regulation~~] rule or any proposed new [~~regulation~~] rule shall be made available to the public as of the date the notice of the hearing is given. The notice shall also state where interested persons may secure copies of any proposed amendment or new [~~regulation~~] rule. The notice shall be published in a newspaper of general circulation in the area affected. Reasonable effort shall be made to give notice to all persons who have made a written request to [~~the board~~] either department for advance notice of hearings.

E. At the hearing, [~~the board~~] either department shall allow all interested persons reasonable opportunity to submit data, proposed changes to the proposed [~~regulation~~] rule, views or arguments orally or in writing and to examine witnesses testifying at the hearing. Any person heard or represented at the hearing shall be given written notice of the action of [~~the board~~] either department.

F. [~~The board~~] Either department may designate a hearing officer to take evidence in the hearing. A transcript shall be made of the entire hearing proceedings.

G. No [~~regulation or amendment or repeal thereof~~] rule adopted by [~~the board~~] either department shall become effective until thirty days after its filing under the State Rules Act.

H. Any person who is or may be affected by a [~~regulation~~] rule adopted by [~~the board~~] either department may appeal to the court of appeals for further relief. All such appeals shall be upon the transcript made at the hearing and shall be taken to the court of appeals within thirty days after filing of the [~~regulation~~] rule under the State Rules Act.

I. The procedure for perfecting an appeal to the court of appeals under this section consists of the timely filing of a notice of appeal with a copy attached to the [~~regulation~~] rule from which the appeal is taken. The appellant shall certify in his notice of appeal that arrangements have been made with [~~the board~~] either department for preparation of a sufficient number of transcripts of the record of the hearing on which the appeal depends to support his appeal to the court, at the expense of the appellant, including three copies [~~which~~] that he shall furnish to [~~the board~~] either department.

J. Upon appeal, the court of appeals shall set aside the [~~regulation~~] rule only if found to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the transcript; or

(3) otherwise not in accordance with law."

Section 83. Section 74-1-10 NMSA 1978 (being Laws 1973, Chapter 340, Section 8, as amended) is amended to read:

"74-1-10. PENALTY.--

A. A person who violates [~~any regulation~~] a rule of the [~~board~~] natural resources and environment department or water resources department, as applicable, is guilty of a petty misdemeanor. This section does not apply to [~~any regulation~~] a rule for which a criminal penalty is otherwise provided by law.

B. Whenever, on the basis of any information, the secretary of water resources determines that a person has violated, is violating or threatens to violate [~~any provision of~~] a rule or permit condition pursuant to Paragraph [~~(2)~~] (1) or [~~(3)~~] (2) of Subsection A of Section [~~74-1-8~~] 74-1-7.1 NMSA 1978 or any rule [~~regulation~~] or permit condition adopted and promulgated thereunder, the secretary may:

(1) issue a compliance order stating with reasonable specificity the nature of the violation or threatened violation, requiring compliance immediately or within a specified time period and assessing a civil penalty for any past or current violation, or both; or

(2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.

C. An order issued pursuant to Subsection B of this section may include suspension or revocation of any permit issued by the water resources department. Any penalty assessed in the order, except for residential on-site liquid waste systems, shall not exceed one thousand dollars ($1,000) for each violation. Any penalty assessed in the order for a residential on-site liquid waste system shall not exceed one hundred dollars ($100) for each violation. A penalty imposed for violation of drinking water [~~regulations~~] rule 20 NMAC 7.1 or permit conditions shall not exceed one thousand dollars ($1,000) per violation per day. In assessing the penalty, the secretary shall take into account the seriousness of the violation and any good-faith efforts to comply with the applicable requirements. [D.] If a violator fails to take corrective actions within the time specified in the compliance order, the secretary shall:

(1) assess civil penalties of not more than one thousand dollars ($1,000) for each noncompliance with the order; and

(2) suspend or revoke [~~any~~] a permit issued to the violator pursuant to Paragraph [~~(3)~~] (2) of Subsection A of Section [~~74-1-8~~] 74-1-7.1 NMSA 1978.

[E.] D. An order issued pursuant to this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a hearing. Upon such a request, the secretary shall conduct a hearing. The secretary shall appoint an independent hearing officer to preside over the hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward his recommendation based on the record to the secretary, who shall make the final decision.

[F.] E. In connection with any proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt and promulgate rules for discovery procedures.

[G.] F. Penalties collected pursuant to violations of rules [~~regulations~~] or permit conditions adopted pursuant to Paragraph [~~(3)~~] (2) of Subsection A of Section [~~74-1-8~~] 74-1-7.1 NMSA 1978 shall be deposited in the state treasury to be credited to the general fund.

[H.] G. Penalties collected pursuant to violations of drinking water [~~regulations~~] rule 20 NMAC 7.1 or permit conditions pursuant to Paragraph [~~(2)~~] (1) of Subsection A of Section [~~74-1-8~~] 74-1-7.1 NMSA 1978 shall be deposited in the state treasury to the credit of the water conservation fund."

Section 84. 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 water resources department [~~of environment~~]. 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 [~~of environment~~] for administration of a public water supply program to:

(1) test public water supplies for the contaminants required to be tested pursuant to the provisions of Section 1412 of the federal Safe Drinking Water Act of 1974, as finalized through July 1, 1992, and collect chemical compliance samples as required by those provisions of the federal act;

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

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

D. The taxation and revenue department shall provide by regulation 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 [~~1 of this 1997 act~~] 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. As used in this section:

(1) "person" means [~~any~~] an individual or other 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 85. Section 74-1-15 NMSA 1978 (being Laws 2000, Chapter 96, Section 3) is amended to read:

"74-1-15. LIQUID WASTE FUND CREATED.--The "liquid waste fund" is created in the state treasury. On-site liquid waste system fees shall be deposited in the fund. Money in the fund is appropriated to the water resources department for administration of liquid waste [~~regulations~~] rules. 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~~] water resources or his designee. Any unexpended or unencumbered balance or income earned from the money in the liquid waste fund remaining at the end of any fiscal year shall not revert to the general fund."

Section 86. Section 74-2-2 NMSA 1978 (being Laws 1967, Chapter 277, Section 2, as amended) is amended to read:

"74-2-2. DEFINITIONS.--As used in the Air Quality Control Act:

A. "air contaminant" means any substance, including but not limited to any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination thereof or any decay or reaction product thereof;

B. "air pollution" means the emission, except emission that occurs in nature, into the outdoor atmosphere of one or more air contaminants in quantities and of a duration that may with reasonable probability injure human health or animal or plant life or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property;

C. "department" means the natural resources and environment department [~~of environment~~];

D. "director" means the administrative head of a local agency;

E. "emission limitation" [~~and~~] or "emission standard" [~~mean~~] means a requirement established by the environmental improvement board or the local board, the department, the local authority or the local agency or pursuant to the federal act that limits the quantity, rate or concentration, or combination thereof, of emissions of air contaminants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction;

F. "federal act" means the federal Clean Air Act, its subsequent amendments and successor provisions;

G. "federal standard of performance" means any standard of performance, emission limitation or emission standard adopted pursuant to 42 U.S.C. Section 7411 or 7412;

H. "hazardous air pollutant" means an air contaminant that has been classified as a hazardous air pollutant pursuant to the federal act;

I. "local agency" means the administrative agency established by a local authority pursuant to Paragraph (2) of Subsection A of Section 74-2-4 NMSA 1978;

J. "local authority" means any of the following political subdivisions of the state that have, by following the procedure set forth in Subsection A of Section 74-2-4 NMSA 1978, assumed jurisdiction for local administration and enforcement of the Air Quality Control Act:

(1) a county that was a class A county as of January 1, 1980; or

(2) a municipality with a population greater than one hundred thousand located within a county that was a class A county as of January 1, 1980;

K. "local board" means a municipal, county or joint air quality control board created by any local authority;

L. "mandatory class I area" means any of the following areas in this state that were in existence on August 7, 1977:

(1) national wilderness areas that exceed five thousand acres in size; and

(2) national parks that exceed six thousand acres in size;

M. "modification" means any physical change in, or change in the method of operation of, a source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or that results in the emission of any regulated air contaminant not previously emitted, but does not include:

(1) a change in ownership of the source;

(2) routine maintenance, repair or replacement;

(3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or

(4) unless previously limited by enforceable permit conditions:

(a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source;

(b) an increase in the hours of operation; or

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas;

N. "nonattainment area" means for any air contaminant an area that is designated "nonattainment" with respect to that contaminant within the meaning of Section 107(d) of the federal act;

O. "person" includes an individual, partnership, corporation, association, the state or political subdivision of the state and any agency, department or instrumentality of the United States and any of their officers, agents or employees;

P. "potential emission rate" means the emission rate of a source at its maximum capacity in the absence of air pollution control equipment that is not vital to production of the normal product of the source or to its normal operation;

Q. "regulated air contaminant" means any air contaminant, the emission or ambient concentration of which is regulated pursuant to the Air Quality Control Act or the federal act;

R. "secretary" means the secretary of natural resources and environment;

S. "significant deterioration" means any increase in the ambient concentrations of any air contaminant above the levels allowed by the federal act or federal regulations for that air contaminant in the area within which the increase occurs;

T. "source" means any structure, building, equipment, facility, installation or operation that emits or may emit any air contaminant;

U. "standard of performance" means a requirement of continuous emission reduction, including any requirement relating to operation or maintenance of a source to assure continuous emission reduction;

V. "state implementation plan" means any plan submitted by New Mexico to the federal environmental protection agency pursuant to 42 U.S.C. Section 7410; and

W. "toxic air pollutant" means any air contaminant, except a hazardous air pollutant, classified by the environmental improvement board or the local board as a toxic air pollutant."

Section 87. Section 74-2-3 NMSA 1978 (being Laws 1967, Chapter 277, Section 3, as amended) is amended to read:

"74-2-3. [~~ENVIRONMENTAL IMPROVEMENT BOARD~~] DIRECTORS' FUNCTIONAL GROUP OF THE NATURAL RESOURCES AND ENVIRONMENT DEPARTMENT.--

A. In taking any action under the Air Quality Control Act, a majority of the [~~environmental improvement board~~] directors' functional group of the natural resources and environment department constitutes a quorum, but any action, order or decision of the [~~environmental improvement board~~] directors' functional group requires the concurrence of three members present at a meeting.

B. Except as provided in the Air Quality Control Act, the jurisdiction of the [~~environmental improvement board~~] directors' functional group extends to all areas of the state except within the boundaries of a local authority."

Section 88. Section 74-3-2 NMSA 1978 (being Laws 1959, Chapter 185, Section 2, as amended) is amended to read:

"74-3-2. RADIATION TECHNICAL ADVISORY COUNCIL--CREATION AND ORGANIZATION.--

A. [~~There is established~~] A "radiation technical advisory council" is created, consisting of seven members. The members shall be appointed by the governor, after consultation with the director [~~of the agency~~], for five-year staggered terms. The governor shall fill by appointment any vacancy occurring on the council. The replacement appointee shall serve the remainder of the original member's unexpired term.

B. The members of the [~~radiation technical advisory~~] council shall be [~~individuals~~] persons with scientific training in one or more of the following fields: diagnostic radiology, radiation therapy, nuclear medicine, radiation or health physics or related sciences with specialization in radiation.

C. Notwithstanding the provisions of Subsections A and B of this section, the [~~radiation technical advisory~~] council [~~includes~~] shall also include four additional members who shall sit as full council members on matters to which the Medical Radiation Health and Safety Act applies, including [~~but not limited to regulations~~] rules necessary to effectuate the provisions of that act. The additional members shall be four radiologic technologists appointed by the governor, whose initial appointments shall be made in such manner that two members shall be appointed for terms of three years and two members [~~who~~] shall be appointed for terms of five years. Thereafter, the additional members shall be appointed by the governor for staggered terms of five years each. The radiologic technologist members of the council shall be appointed from lists submitted to the governor by any generally recognized organization of radiologic technologists in this state. Vacancies shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy."

Section 89. Section 74-3-4 NMSA 1978 (being Laws 1971, Chapter 284, Section 4, as amended) is amended to read:

"74-3-4. DEFINITIONS.--As used in the Radiation Protection Act:

A. "board" or "functional group" means the [~~environmental improvement board~~] directors' functional group of the natural resources and environment department;

B. "agency" or "division" means the environmental [~~improvement agency~~] protection division of the natural resources and environment department;

C. "council" means the radiation technical advisory council;

D. "radiation" includes particulate and electromagnetic radiation and ultrasound, but does not include audible sound;

E. "radioactive material" includes any materials or sources, regardless of chemical or physical state, [~~which~~] that emit radiation;

F. "radiation equipment" means any device [~~which~~] that is capable of producing radiation;

G. "agreement state" means [~~any~~] a state with which the nuclear regulatory commission [~~or its successor~~] has entered into an agreement under Section 274(b) of the Atomic Energy Act of 1954, as amended;

H. "person" means [~~any~~] an individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns;

I. "continued care fund" means the radiation protection continued care fund;

J. "director" means the director of the [~~environmental improvement agency~~] division; and

K. "nuclear regulatory commission" means the United States atomic energy commission, the United States nuclear regulatory commission or its successor."

Section 90. Section 74-4-3 NMSA 1978 (being Laws 1977, Chapter 313, Section 3, as amended) is amended to read:

"74-4-3. DEFINITIONS.--As used in the Hazardous Waste Act:

A. "board" or "functional group" means the [~~environmental improvement board~~] directors' functional group of the natural resources and environment department;

B. "director" or "secretary" means the secretary of natural resources and environment;

C. "disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on [~~any~~] land or water so that such solid waste or hazardous waste or constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters;

D. "division" or "department" means the [~~department of~~] natural resources and environment department;

E. "federal agency" means [~~any~~] a department, agency or other instrumentality of the federal government and [~~any~~] an independent agency or establishment of that government, including [~~any~~] a government corporation and the government printing office;

F. "generator" means [~~any~~] a person producing hazardous waste;

G. "hazardous agricultural waste" means hazardous waste generated as part of his licensed activity by [~~any~~] a person licensed pursuant to the Pesticide Control Act or [~~any~~] a hazardous waste designated as hazardous agricultural waste by the board, but does not include animal excrement in connection with farm, ranch or feedlot operations;

H. "hazardous substance incident" means [~~any~~] an emergency incident involving a chemical or chemicals, including [~~but not limited to]~~ transportation wrecks, accidental spills or leaks, fires or explosions, which incident creates the reasonable probability of injury to human health or property;

I. "hazardous waste" means any solid waste or combination of solid wastes [~~which~~] that because of [~~their~~] its quantity, concentration or physical, chemical or infectious characteristics may:

(1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. "Hazardous waste" does not include any of the following, until the board determines that they are subject to Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq.: drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, [or] natural gas or geothermal energy; [~~any~~] fly ash waste; bottom ash waste; slag waste; flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; or cement kiln dust waste;

J. "manifest" means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during transportation from point of generation to point of disposal, treatment or storage;

K. "person" means [~~any~~] a individual, trust, firm, joint stock company, federal agency, corporation including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state or [~~any~~] an interstate body;

L. "regulated substance" means:

(1) [~~any~~] a substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, but not including [~~any~~] a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended; and

(2) petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute;

M. "solid waste" means [~~any~~] garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923);

N. "storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste;

O. "tank installer" means [~~any individual~~] a person who installs or repairs an underground storage tank;

P. "transporter" means a person engaged in the movement of hazardous waste, not including movement at the site of generation, disposal, treatment or storage;

Q. "treatment" means [~~any~~] a method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of [~~any~~] hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume. [~~Such term~~] "Treatment" includes [~~any~~] an activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous; and

R. "underground storage tank" means a single tank or combination of tanks, including underground pipes connected thereto, that are used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground. [~~The term~~] "Underground storage tank" does not include [~~any~~] a:

(1) farm, ranch or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel or heating oil for noncommercial purposes;

(2) septic tank;

(3) pipeline facility, including gathering lines that are regulated under the federal Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. App. 1671, et seq., or the federal Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. App. 2001, et seq., or that is an intrastate pipeline facility regulated under state laws comparable to either act;

(4) surface impoundment, pit, pond or lagoon;

(5) storm water or wastewater collection system;

(6) flow-through process tank;

(7) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;

(8) storage tank situated in an underground area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the undesignated floor; or

(9) pipes connected to [~~any~~] a tank that is described in Paragraphs (1) through (8) of this subsection."

Section 91. Section 74-4A-1 NMSA 1978 (being Laws 1979, Chapter 377, Section 1, as amended) is amended to read:

"74-4A-1. RADIOACTIVE MATERIAL TRANSPORT--CONDITIONS.--

A. The [~~environmental improvement board~~] directors' functional group of the natural resources and environment department shall have exclusive authority to promulgate [~~regulations~~] rules prescribing the conditions for transport of radioactive material on the highways. Such conditions shall include the conditions of transport that the [~~environmental improvement board~~] directors' functional group finds necessary to protect the health, safety and welfare of the citizens of the state. Except as specifically preempted by federal law, the state highway commission shall have the exclusive authority within New Mexico to designate highway routes for the transport of radioactive material. Any rule [~~or regulation~~] adopted by the [~~environmental improvement board~~] directors' functional group that designates highway routes for the transport of radioactive material and that was in effect prior to March 1, 1991 is [~~deemed null and~~] void. The state highway commission shall incorporate into the record and consider in the initial designation of routes for the transport of radioactive material the evidentiary record from the [~~environmental improvement board~~] directors' functional group's public hearings held for the purpose of receiving public comment regarding the designation of routes for the transport of radioactive material.

B. For the purposes of this section, "radioactive material" means any material or combination of materials [~~which~~] that spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the radioactivity is essentially uniformly distributed, are not considered to be radioactive materials. "Radioactive [~~materials~~] material" includes [~~but is not limited to~~]:

(1) materials associated with the operation and decommissioning of nuclear reactors and the supporting fuel cycle;

(2) industrial radioisotope sources;

(3) radioactive materials used in nuclear medicine;

(4) radioactive materials used for research, education or training; and

(5) radioactive wastes;

but does not include radioactive material the regulation of which has been specifically preempted by federal law.

C. The [~~environmental improvement division of the health~~] natural resources and environment department [~~shall have the authority to~~] may impose fines not to exceed one thousand dollars ($1,000) as set by [~~regulation~~] rule of the [~~environmental improvement board~~] directors' functional group for any violation of the [~~board's regulations~~] directors' functional group's rules pertaining to the transport of radioactive materials.

D. Nothing in this section shall be construed to alter the obligation of the state under the April 3, 1974 agreement between the state and the atomic energy commission for the discontinuance of certain commission regulatory authority and responsibility."

Section 92. Section 74-4A-6 NMSA 1978 (being Laws 1979, Chapter 380, Section 5, as amended) is amended to read:

"74-4A-6. TASK FORCE.--There is created the "radioactive waste consultation task force". The task force shall consist of the secretaries of [~~energy, minerals and~~] natural resources and environment; taxation and revenue; health [~~and environment~~]; public safety; and highway and transportation or their designees. The chairman and vice chairman, or their designees from the committee, shall be advisory members of the task force."

Section 93. TEMPORARY PROVISION--IMPLEMENTATION COMMITTEE--MEMBERS--PURPOSE--DUTIES.--

A. The "water and environment implementation committee" is created, composed of the following members:

(1) the governor's science advisor;

(2) the secretary of environment or his designee;

(3) the secretary of energy, minerals and natural resources or his designee;

(4) the state engineer or his designee; and

(5) five members appointed by the New Mexico legislative council from a list prepared by the governor's science advisor and the state agency members as follows:

(a) a hydrologist or water resource management scientist with at least ten years' relevant experience and no significant connection to or association with a state agency involved in water resource management, natural resources management or environmental regulation or nongovernmental entities in New Mexico with interests in water resource planning, development or water supply acquisitions;

(b) an attorney licensed in New Mexico who specializes in water law with at least ten years' experience in prior appropriation water law; substantial experience in natural resources and environmental law; and no significant connection to or association with any state agency involved in water resource management, natural resource management, environmental regulation or water rights disputes or with any nongovernmental entities within New Mexico with interests in water resource planning, development, water rights disputes or water supply acquisitions;

(c) a natural resource economist with at least ten years' relevant experience; and no significant connection to or association with any state agency involved in water resource management, natural resource management, or environmental regulation or with any nongovernmental entities within New Mexico with interests in water resource planning, development or water supply acquisitions; and

(d) two public members.

B. The implementation committee shall serve from its appointment until December 1, 2001. Members who are not employed by a state agency may receive reimbursement for per diem and mileage expenses as provided in the Per Diem and Mileage Act.

C. The implementation committee shall develop an implementation plan for the newly created water resources department and natural resources and environment department and shall oversee the implementation of the plan by December 1, 2001.

D. The implementation committee may propose to the legislature the assignment of responsibilities over programs and additional duties as they relate to specific duties and functions formerly administered by the department of environment; the office of the state engineer; the interstate stream commission; the water quality control commission; the environmental improvement board; the coal surface mining commission; the mining commission; and the energy, minerals and natural resources department.

Section 94. TEMPORARY PROVISION--IMPLEMENTATION PLAN FOR DEPARTMENTS.--

A. The implementation plan for the water resources department shall include:

(1) reorganization of the specific duties and functions formerly administered by the department of environment; the office of the state engineer; the interstate stream commission; the water quality control commission; the environmental improvement board; the coal surface mining commission; the mining commission; and the energy, minerals and natural resources department as they related to the newly created divisions within the water resources department;

(2) all budget and financial reorganization plans and systems; and

(3) all administrative and personnel reorganization plans and systems.

B. The implementation plan for the natural resources and environment department shall include:

(1) reorganization of the specific duties and functions formerly administered by the department of environment; the environmental improvement board; the department of game and fish; the state game commission; the coal surface mining commission; the mining commission; and the energy, minerals and natural resources department as they related to the newly created divisions within the natural resources and environment department;

(2) all budget and financial reorganization plans and systems; and

(3) all administrative and personnel reorganization plans and systems.

Section 95. TEMPORARY PROVISION--TRANSFERS OF PERSONNEL AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

A. On the effective date of this section, all personnel, appropriations, money, records, files, furniture, equipment and other personal and real property belonging to the following agencies are transferred to the water resources department:

(1) office of the state engineer;

(2) interstate stream commission;

(3) ground water protection and remediation bureau, surface water quality bureau, drinking water bureau, underground storage bureau, water and wastewater construction bureau, the construction programs bureau and any other water supply and liquid waste programs of the department of environment;

(4) water quality control commission; and

(5) any other personnel, appropriations or property belonging to the department of environment or the environmental improvement board that the water and environment implementation committee determines should be transferred to the water resources department.

B. On the effective date of this section, all contractual and other obligations of the following agencies shall be obligations of the water resources department:

(1) office of the state engineer;

(2) interstate stream commission;

(3) ground water protection and remediation bureau, surface water quality bureau, drinking water bureau and underground storage bureau and any other water supply and liquid waste programs of the department of environment;

(4) water quality control commission; and

(5) contractual and other obligations of the department of environment or the environmental improvement board that the water and environment implementation committee determines should be obligations of the water resources department.

C. On the effective date of this section, references in law shall be as follows:

(1) references to the water rights division of the office of the state engineer shall be deemed to be references to the water rights and adjudication division of the water resources department;

(2) references to the interstate stream commission shall be deemed to be references to the river and watershed management division of the water resources department;

(3) references to the ground water protection and remediation bureau and the surface water quality bureau of the water and waste management division of the department of environment shall be deemed to be references to the water quality protection division of the water resources department;

(4) references to the drinking water bureau of the field operations division of the department of environment shall be deemed to be references to the water quality protection division of the water resources department;

(5) references to the water and wastewater construction bureau or the construction programs bureau of the administrative services division of the department of environment shall be deemed to be references to the water quality protection division of the water resources department;

(6) references to the underground storage tank bureau of the environmental protection division of the department of environment shall be deemed to be references to the water quality protection division of the water resources department;

(7) references in law to the water quality control commission shall be deemed to be references to the directors' functional group of the water resources department; and

(8) references in law to the environmental improvement board as it relates to the board's powers and duties for water supply and liquid waste programs shall be deemed to be references to the director's functional group of the water resources department.

Section 96. TEMPORARY PROVISION--TRANSFERS OF PERSONNEL AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

(1) energy, minerals and natural resources department or the several organizational units of the department;

(2) department of game and fish;

(3) state game commission;

(4) New Mexico youth conservation corps commission;

(5) oil conservation commission;

(6) mining commission;

(7) coal surface mining commission; and

(8) any other personnel, appropriations or property belonging to the department of environment or the environmental improvement board that the water and environment implementation committee determines should be transferred to the natural resources and environment department.

B. On the effective date of this section, all contractual and other obligations of the following agencies shall be obligations of the natural resources and environment department:

(1) energy, minerals and natural resources department;

(2) department of game and fish;

(3) state game commission;

(4) New Mexico youth conservation corps commission;

(5) oil conservation commission;

(6) mining commission;

(7) coal surface mining commission; and

(8) contractual and other obligations of the department of environment or the environmental improvement board that the water and environment implementation committee determines should be obligations of the natural resources and environment department.

C. On the effective date of this section, references in law shall be as follows:

(1) references to the state game commission or the department of game and fish shall be deemed to be references to the wildlife division of the natural resources and environment department;

(2) references to the state park and recreation commission, the state parks division or the state parks and recreation division of the energy, minerals and natural resources department shall be deemed to be references to the state parks division of the natural resources and environment department;

(3) references to the New Mexico youth conservation corps commission shall be deemed to be references to the secretary of natural resources and environment;

(4) references to the forestry division of the energy, minerals and natural resources department shall be deemed to be references to the forestry division of the natural resources and environment department;

(5) references to the oil conservation division of the energy, minerals and natural resources department shall be deemed to be references to the oil conservation and management division of the natural resources and environment department;

(6) references in the law to the oil conservation commission shall be deemed to be references to the directors' functional group of the natural resources and environment department;

(7) references to the mining and minerals division of the energy, minerals and natural resources department shall be deemed to be references to the mining and minerals division of the natural resources and environment department;

(8) references to the mining commission shall be deemed to be references to the directors' functional group of the natural resources and environment department;

(9) references to the coal surface mining commission shall be deemed to be references to the directors' functional group of the natural resources and environment department;

(10) references to the energy conservation and management division and the state alternative fuel program of the energy, minerals and natural resources department shall be deemed to be references to the energy conservation and management division of the natural resources and environment department;

(11) references to the office of interstate natural gas markets of the energy, minerals and natural resources department shall be deemed to be references to the office of interstate natural gas markets of the natural resources and environment department;

(12) references to the air quality bureau of the environmental protection division of the department of environment shall be deemed to be references to the environmental protection division of the natural resources and environment department;

(13) references to the occupational health and safety bureau or the solid waste bureau of the environmental protection division of the department of environment shall be deemed to be references to the environmental protection division of the natural resources and environment department;

(14) references to the hazardous and radioactive materials bureau or the department of energy oversight bureau of the water and waste management division of the department of environment shall be deemed to be references to the environmental protection division of the natural resources and environment department;

(15) references to the community service bureau, food protection program, vector control program, nuisance control program or the sanitation of public swimming pools and public baths program of the field operations division of the department of environment shall be deemed to be references to the environmental protection division of the natural resources and environment department; and

(16) references in law to the natural resources trustee shall be deemed to be references to the secretary of natural resources and environment.

Section 97. APPROPRIATION.--Six hundred thousand dollars ($600,000) is appropriated from the general fund to the office of the governor for expenditure in fiscal year 2002 to establish the water resources department and the natural resources and environment department and to pay expenses of the water and environment implementation committee. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 98. REPEAL.--Sections 9-5A-1 through 9-5A-8, 9-5B-5, 9-7A-1 through 9-7A-14, 16-2-5, 17-1-2 through 17-1-5, 17-2-5, 69-25A-4, 69-36-6, 70-2-4, 72-2-2 through 72-2-4, 72-2-10, 72-14-1, 73-2-67, 74-1-4, 74-1-5 and 74-1-8 NMSA 1978 (being Laws 1987, Chapter 234, Sections 1 through 6, Laws 1997, Chapter 149, Section 3, Laws 1987, Chapter 234, Section 7, Laws 1992, Chapter 58, Section 8, Laws 1992, Chapter 91, Section 5, Laws 1991, Chapter 25, Sections 1 through 12, Laws 1977, Chapter 253, Sections 77 and 78, Laws 1935, Chapter 57, Section 4, Laws 1921, Chapter 35, Sections 2 through 4, Laws 1931, Chapter 117, Sections 5 and 4, Laws 1979, Chapter 291, Section 4, Laws 1993, Chapter 315, Section 6, Laws 1935, Chapter 72, Section 3, Laws 1907, Chapter 49, Sections 5 through 7 and 38, Laws 1935, Chapter 25, Section 1, Laws 1993, Chapter 293, Section 3, Laws 1971, Chapter 277, Sections 5 and 6 and Laws 1971, Chapter 277, Section 11, as amended) are repealed.

Section 99. EFFECTIVE DATE.--

A. The effective date of the provisions of Sections 93 and 94 of this act is July 1, 2001.

B. The effective date of the provisions of Sections 1 through 92 and 95 through 98 of this act is December 1, 2001.

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