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F I S C A L I M P A C T R E P O R T

SPONSOR Arnold-Jones

ORIGINAL DATE

LAST UPDATED

2/20/07

3/8/07 HB 1216/aHHGAC

SHORT TITLE Interoperability Emergency Response Act

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NA

$.1

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Military Affairs (DMA)

Department of Health (DOH)

General Services Department (GSD)

Indian Affairs Department

Energy, Minerals and Natural Resources Department (EMNRD)

Department of Environment

No Responses Received From

Department of Finance Administration (DFA)

Department of Public Safety (DPS)

Department of Transportation (DOT)

New Mexico Municipal League

New Mexico Association of Counties

SUMMARY

Synopsis of HHGAC Amendment

The House Health and Government Affairs Committee Amendment to House Bill 1216 adds the

Secretary of the General Services Department, the Secretary of the Department of Transportation

and the Chief Information Officer or their designees to the Interoperability Planning

Commission. The amendment adds representatives from tribal law enforcement as a member

who would be appointed to the Interoperability Planning Commission by the governor. Also,

tribal governments are added to Section 4 and 5 in regards to planning, training and

House Bill 1216/aHHGAC – Page

2

infrastructure purchase plans and budgets.

Synopsis of Original Bill

House Bill 1216 creates the Interoperability Emergency Response Act that creates the

Interoperability Planning Commission and administratively attaches the commission to the

emergency planning and coordination bureau of the Department of Public Safety. The

commission is to advise and support the Department of Public Safety on emergency response and

homeland security activities relating to first responders, interoperable radio communications,

integration of statewide exercises for hazards, obtaining of funding and use of available funding.

The commission is to consist of a least 16 members from various state agencies. The governor is

to appoint the chair and vice-chair among the members of the commission. Members of the

Interoperability Planning Commission are to be reimbursed for per diem and mileage pursuant to

the Per Diem and Mileage Act and will not receive any other compensation, perquisite or

allowance.

The Interoperability Planning Commission is to advise the Department of Public Safety on the

following: the development and coordination of a statewide interoperable emergency

communications response plan in compliance with national incident command system

guidelines, to include an integrated public safety radio communications system and other

coordinated critical information systems, to achieve interoperability within and between local,

state, tribal and federal agencies and first responders; implementation of the interoperability

emergency response plan by state and local agencies and provide specific suggestions for

methods by which agencies implement those strategies; priorities relating to the interoperability

emergency response plan; determining critical infrastructure in the state; and other matters

relating to planning, development, coordination, promotion and implementation of the

interoperability emergency response plan.

The Department of Public Safety is required to implement and administer a statewide

interoperability emergency response plan; develop a budget and a plan to purchase infrastructure

equipment for state agencies, local agencies and first responders; provide a single point of entry

to disseminate information, applications, processes and communications; train representatives of

entities in the state that are involved in emergency response and homeland security activities in

regards to interoperability; require that all communications at emergency incidents adhere to the

national incident command system guidelines established by the federal Department of

Homeland Security; and use appropriated money for the purpose of designing, implementing and

maintaining a statewide integrated public safety radio communications system.

FISCAL IMPLICATIONS

The proposed legislation does have a fiscal implication in that it requires the Interoperability

Planning Commission members to be reimbursed for per diem and mileage.

SIGNIFICANT ISSUES

Agencies responding to a crisis or disaster can not always communicate quickly and efficiently

with one another because many law enforcement, fire and emergency medical agencies operating

in New Mexico purchase communication equipment independently of one another that is often

incompatible.

House Bill 1216/aHHGAC – Page

3

Indian Affairs Department states many of the 22 New Mexico tribal governments and

communities exist near major transportation corridors along interstate 40, interstate 25,

Burlington Northern rail routes and Santa Fe rail routes which radioactive waste, toxic chemicals

and other dangerous materials are shipped through daily. Also, sensitive infrastructure for oil,

gas, natural gas, water and electricity are located on tribal lands. Indian Affairs Department

reports emergency communications technology and response plans are nonexistent in many rural

tribal communities.

EMNRD states the Forestry Division’s radio communication capabilities are very limited.

Situations have occurred in which radio communication between the Forestry Division and other

agencies have been limited or nonexistent during critical wildfire incidents. EMNRD reports this

has occasionally resulted in a safety issue for firefighters. Numerous tactical problems have also

developed that could have been mitigated with better radio communication.

The Interoperability Planning Commission created by the proposed legislation may supersede the

Department of Public Safety’s Interoperable Communications Working Group. DOH reports the

current statewide Interoperability Communications Working Group has identified each county’s

needs, gaps and hardware. The Interoperable Communications Working Group has developed a

five tiered system that includes the following: (1) normal landline and fax communication; (2)

cell, satellite and email via Blackberry; (3) two-way communication on the UHF system; (4)

two-way radio communication on the VHF system; and (5) amateur radio operators with mobile

stations that have a complete and robust statewide system.

GSD states missing from membership on the Interoperability Planning Commission is the

General Services Department, Office of the Chief Information Officer (OCIO) and the

Department of Transportation (DOT). GSD’s Communications Division has supervisory

authority for the state’s radio communications system and infrastructure, including a multi-year,

multi-million dollar initiative to build the state’s digital microwave backbone and

communications infrastructure. OCIO is responsible for oversight and planning of all

information technology related projects and initiates in New Mexico.

PERFORMANCE IMPLICATIONS

DOH states the proposed legislation is in-line with the New Mexico 2006 Comprehensive

Strategic Health Plan regarding health emergency management goals to increase and fortify

human and material resources to respond to health emergencies, and to prepare New Mexico

communities to respond to a public health emergency.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation has a relationship with House Bill 959 and Senate Bill 979, which

proposes to create the Department of Information Technology.

TECHNICAL ISSUES

Indian Affairs Department notes the proposed legislation acknowledges tribal governments for

communications, communications infrastructure and for a representative to serve on the

Interoperability Planning Commission. However, tribal governments are not included in Section

4 and 5 of the proposed legislation. Indian Affairs Department states the duties of the

House Bill 1216/aHHGAC – Page

4

Interoperability Planning Commission as outlined in the proposed legislation does not include

implementation of the interoperability emergency response plan within New Mexico tribal lands

as drafted. Indian Affairs Department notes the proposed legislation does not indicate whether

an inventory or determination of critical infrastructure would include tribal government and

tribal lands, and the proposed legislation does not include tribal governments in the “purchase of

equipment for state agencies and first responders." Also, Indian Affairs Department notes tribal

governments are not included in the training of “representatives of entities in the state that are

involved in emergency response and homeland security activities with respect to

interoperability."

OTHER SUBSTANTIVE ISSUES

EMNRD reports there is a bill in Congress for implementing the 9/11 Commission

Recommendations Act. The bill, if enacted, would establish a new stand-alone grant program

titled “Improve Communications for Emergency Response Grant Program" to address

interoperability issues. This would provide grants to states and regions for communication

planning, acquisition of communication equipment, system development, simulations, technical

assistance and training.

GSD’s Property Control Division is responsible for many state buildings, including the buildings

that house the state’s mainframe and the telecommunications centers that serve state agencies.

AMENDMENTS

Indian Affairs Department suggests the following amendments to the proposed legislation:

•

Section 3(C)(8), add “tribal law enforcement." This amendment would provide tribal

public safety expertise to the Interoperability Planning Commission.

•

Section 4(B), add “tribal governments." This amendment will include tribal governments

in the implementation of the “interoperability emergency response plan."

•

Section 4(D), add “tribal governments." This amendment will allow tribal infrastructure

to be determined for purposes of the proposed legislation.

•

Section 5(B), add “tribal governments." This amendment will allow tribal agencies and

first responders to receive “infrastructure equipment" to address the intent of the

proposed legislation.

•

Section 5(D), add “tribal governments." This amendment will allow tribal

representatives involved in emergency response and homeland security to receive

interoperability training.

GSD suggests adding members to the Interoperability Planning Commission from the Office of

the Chief Information Officer, General Services Department and Department of Transportation

in the proposed legislation.

RPG/mt