SENATE BILL 607
54th legislature - STATE OF NEW MEXICO - first session, 2019
Carlos R. Cisneros
RELATING TO THE ENVIRONMENT; REMOVING THE LIMITATION ON MONEY TRANSFERRED FROM THE LIQUID WASTE FUND TO THE LIQUID WASTE DISPOSAL SYSTEM ASSISTANCE FUND; PERMITTING DONATIONS TO THE LIQUID WASTE DISPOSAL SYSTEM ASSISTANCE FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 74-1-15 NMSA 1978 (being Laws 2000, Chapter 96, Section 3, as amended) 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 department for administration of liquid waste regulations and [no more than two hundred thousand dollars ($200,000) from] unexpended money in the fund may be transferred to the liquid waste disposal system assistance fund [if enacted into law by the first session of the forty-ninth legislature]. 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 or the [secretary of environment's] secretary's 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 2. Section 74-1-15.1 NMSA 1978 (being Laws 2009, Chapter 203, Section 1) is amended to read:
"74-1-15.1. LIQUID WASTE DISPOSAL SYSTEM ASSISTANCE FUND--CREATED--PURPOSE.--
A. The "liquid waste disposal system assistance fund" is created in the state treasury. The department shall administer the fund. The fund may be composed of appropriations, donations and transfers of money earned from investment of the fund and otherwise accruing to the fund and transfers of money from the liquid waste fund [not to exceed two hundred thousand dollars ($200,000) from the unexpended balance in the fund]. Balances remaining in the fund at the end of a fiscal year shall remain to the credit of the fund. Disbursements from the fund shall be drawn on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's authorized representative. Money in the fund is appropriated to the department for the sole purpose of assisting indigent individuals or households that qualify for funding to accomplish one of the following purposes where there is a real or potential negative impact to public health or water quality from on-site liquid waste disposal system effluent:
(1) to pay for a liquid waste disposal system to replace a cesspool or other failed or improper on-site liquid waste disposal system;
(2) to purchase, install or maintain an advanced treatment system as required by the Environmental Improvement Act or regulations issued pursuant to that act;
(3) to pay for the decommissioning and removal of a cesspool or other failed or improper on-site liquid waste disposal system; or
(4) to pay for all or a portion of the connection fees in order to connect an individual or household to a centralized wastewater collection and treatment system.
B. Construction activities sponsored by the fund shall be performed by licensed contractors selected through competitive bid by the department and shall be managed by the department.
C. No more than five percent of the fund shall be used by the department on an annual basis to pay for the department costs associated with management and implementation of fund activities.
D. As used in this section:
(1) "advanced treatment system" means an on-site liquid wastewater treatment system that removes a greater amount of contaminants than is accomplished by a primary treatment system;
(2) "connection fee" means the fee paid directly to a public water or wastewater system or other wastewater management organization and does not include other fees, such as legal fees, related to connecting an individual or household to a centralized wastewater collection and treatment system; and
(3) "indigent individuals or households" means individuals or households whose annual incomes do not exceed the federal poverty guidelines."
SECTION 3. APPROPRIATION.--Two million eight hundred thousand dollars ($2,800,000) is appropriated from the general fund to the liquid waste disposal system assistance fund for expenditure in fiscal year 2020 and subsequent fiscal years to provide for assistance to indigent persons to replace substandard liquid waste disposal systems. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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