HB 261

Page 1

AN ACT

RELATING TO MISCELLANEOUS NATURAL RESOURCES MATTERS; AMENDING

THE NATURAL RESOURCES TRUSTEE ACT TO PROVIDE FOR MANAGEMENT

AND TO USE OF MONEY IN THE NATURAL RESOURCES TRUSTEE FUND AND

TO PROVIDE FOR A GENERAL FUND APPROPRIATION FOR OPERATING

EXPENSES OF THE OFFICE OF THE NATURAL RESOURCES TRUSTEE;

MAKING AN APPROPRIATION.

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

Section 1. Section 75-7-1 NMSA 1978 (being Laws 1993,

Chapter 292, Section 1) is amended to read:

"75-7-1. SHORT TITLE.--Chapter 75, Article 7 NMSA 1978

may be cited as the "Natural Resources Trustee Act"."

Section 2. Section 75-7-2 NMSA 1978 (being Laws 1993,

Chapter 292, Section 2) is amended to read:

"75-7-2. NATURAL RESOURCES TRUSTEE--OFFICE OF NATURAL

RESOURCES TRUSTEE.--

A. The "natural resources trustee" is created.

The trustee is appointed by and serves at the pleasure of the

governor pursuant to the provisions of the federal

Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended by the federal Superfund

Amendments and Reauthorization Act of 1986, the Federal Water

Pollution Control Act and any other applicable federal law.

The natural resources trustee shall act on behalf of the

HB 261

Page 2

public as trustee of natural resources within the state or

belonging to, managed by, controlled by or appertaining to the

state, including protecting and representing the state's

interest under applicable federal laws regarding injury to,

destruction of or loss of natural resources in the state.

B. The "office of natural resources trustee" is

created. The office shall be administratively attached to the

department of environment. The administrative head of the

office of natural resources trustee is the natural resources

trustee. For purposes of this subsection, the term

"administratively attached" means the same as specified in

Section 9-1-7 NMSA 1978."

Section 3. Section 75-7-5 NMSA 1978 (being Laws 1993,

Chapter 292, Section 5, as amended) is amended to read:

"75-7-5. NATURAL RESOURCES TRUSTEE FUND.--

A. The "natural resources trustee fund" is created

in the state treasury. Money appropriated to the fund or

accruing to it through gifts, grants, fees, penalties,

bequests or any other source shall be delivered to the state

treasurer and deposited in the fund. Money recovered for the

state by or on behalf of the natural resources trustee shall

be deposited in the natural resources trustee fund. The fund

shall be administered by the natural resources trustee as a

separate account and may consist of subaccounts that the

natural resources trustee deems necessary to carry out the

HB 261

Page 3

purposes of the fund. Disbursements from the fund shall be

made upon warrants drawn by the secretary of finance and

administration pursuant to vouchers signed by the natural

resources trustee or the trustee's designated representative.

Money in the fund shall not revert to the general fund at the

end of a fiscal year.

B. Pursuant to the following criteria, money in

the natural resources trustee fund shall be used to carry out

the provisions of the Natural Resources Trustee Act by

restoring, replacing or acquiring natural resources in an area

where natural resources have been injured, destroyed or lost,

provided that money deposited in the fund because of injury

to, destruction of or loss of natural resources in an area

shall be disbursed to restore, replace or acquire natural

resources in that same area:

(1) if an expenditure from the fund is

necessary to comply with a court order or court-approved

settlement or to match federal funds, then, pursuant to

Sections 6-3-23 through 6-3-25 NMSA 1978, the natural

resources trustee may request a budget increase and, if

approved, the amount of the expenditure is appropriated;

(2) if money is received for reimbursement

of assessment costs, then the natural resources trustee may

expend money for injury assessment, and money is appropriated

in that amount for that purpose; and

(3) any other expenditures from the fund

shall be made only pursuant to appropriation by the

legislature.

C. In addition to expenditures made pursuant to

Subsection B of this section, money shall be appropriated

annually by the legislature from the general fund for the

purpose of providing for necessary personnel and other costs

of the natural resources trustee, the attorney general and the

office of natural resources trustee in carrying out the

provisions of the Natural Resources Trustee Act, including the

cost of investigation, assessment, collection or enforcement.

D. For purposes of this section, "assessment

costs" means the costs of restoration and the costs of

collecting, compiling and analyzing information, statistics or

data to determine damages for injuries to natural resources

pursuant to the Natural Resources Trustee Act.

E. Money in the natural resources trustee fund

shall be invested as other state funds are invested, and

interest and earnings from the fund shall not revert to the

general fund but shall be credited to the natural resources

trustee fund."

HB 261

Page 4