HOUSE BILL 312
54th legislature - STATE OF NEW MEXICO - second session, 2020
Nathan P. Small
RELATING TO ENVIRONMENTAL IMPROVEMENT; CREATING THE ENVIRONMENTAL HEALTH FUND; PROVIDING THAT THE ENVIRONMENTAL HEALTH FUND MAY BE USED FOR REGULATION OF LIQUID WASTE, WATER RECREATION FACILITIES, FOOD SERVICE SANITATION AND HEMP; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Environmental Improvement Act is enacted to read:
"[NEW MATERIAL] ENVIRONMENTAL HEALTH FUND--CREATED.--
A. The "environmental health fund" is created in the state treasury. The fund consists of fees collected from the regulation of on-site liquid waste systems and water recreation facilities pursuant to the Environmental Improvement Act, food establishments pursuant to the Food Service Sanitation Act and hemp pursuant to the Hemp Manufacturing Act. Money in the fund is subject to appropriation by the legislature to the department for the administration of regulations pertaining to liquid waste, water recreation facilities, food service sanitation and hemp. 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 designee. Any unexpended or unencumbered balance in the environmental health fund remaining at the end of any fiscal year shall not revert to the general fund.
B. Up to two hundred thousand dollars ($200,000) from unexpended and unencumbered money in the environmental health fund may be transferred to the liquid waste disposal system assistance fund on an annual basis."
SECTION 2. Section 25-1-5 NMSA 1978 (being Laws 1977, Chapter 309, Section 5, as amended) is amended to read:
"25-1-5. OPTIONAL POWERS.--
A. The board may establish a system of grading food service establishments for the purpose of certifying compliance with the Food Service Sanitation Act and regulations requiring food service establishments to display in a designated manner a grade as notice of compliance to the public. Such regulations shall include provisions for the revocation and reinstatement of the permit that are consistent with due process of law.
B. The board shall establish a schedule of fees for the issuance and renewal of permits issued by the division under the Food Service Sanitation Act. The board shall set the schedule of fees so that no fee established by such schedule shall be less than one hundred dollars ($100) or more than two hundred dollars ($200) annually for a food service establishment with not more than a twenty-five-dollar ($25.00) incremental increase per fiscal year. The board shall establish a separate schedule of fees not to exceed twenty-five dollars ($25.00) per single event or celebration per temporary food service establishment. Fees shall be waived for all temporary non-potentially hazardous food service operations, for any temporary food service establishment operating no more than two calendar days in any calendar month and for any food service establishment that provides food to the general public at no charge. Fees collected for the issuance and renewal of permits pursuant to the Food Service Sanitation Act shall be deposited in the [food service sanitation] environmental health fund."
SECTION 3. Section 74-1-8 NMSA 1978 (being Laws 1971, Chapter 277, Section 11, as amended by Laws 2000, Chapter 86, Section 2 and also by Laws 2000, Chapter 96, Section 2) is amended to read:
A. The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate rules and standards in the following areas:
(1) food protection;
(2) water supply, including 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 rules authorizing imposition of administrative penalties for enforcement;
(3) liquid waste, including exclusive authority to establish 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) air quality management as provided in the Air Quality Control Act;
(5) radiation control and establishment of license and registration and other related fees not to exceed fees charged by the United States nuclear regulatory commission for similar licenses as provided in the Radiation Protection Act;
(6) noise control;
(7) nuisance abatement;
(8) vector control;
(9) occupational health and safety as provided in the Occupational Health and Safety Act;
(10) sanitation of public swimming pools and public baths;
(11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health;
(12) medical radiation, health and safety certification and standards for radiologic technologists as provided in the Medical Imaging and Radiation Therapy Health and Safety Act;
(13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act; and
(14) 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.
C. Administrative penalties collected pursuant to Paragraph (2) 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] environmental health fund.
[D.] E. Radiation license and registration and other related fees shall be deposited in the radiation protection fund."
SECTION 4. 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 and transfers of money earned from investment of the fund and otherwise accruing to the fund and transfers of money from the [liquid waste] environmental health 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 5. Section 74-1-16 NMSA 1978 (being Laws 2003, Chapter 335, Section 1) is amended to read:
"74-1-16. WATER RECREATION FACILITIES [FUND--CREATED]--FEE IMPOSITION [PURPOSE].--
[A. The "water recreation facilities fund" is created in the state treasury to be used to administer and enforce rules pertaining to public swimming pools, public spas and other public water recreation facilities. All fees collected pursuant to Subsection B of this section shall be deposited in the fund. Money in the fund shall not be transferred to any other fund. Disbursements from the fund shall be drawn on warrant of the secretary of finance and administration upon vouchers signed by the secretary of environment or his authorized representative.
B.] The [environmental improvement] board may assess an annual fee not to exceed one hundred fifty dollars ($150) on the owner or operator of a public swimming pool, public spa or other public water recreation facility to defray the cost of administering and enforcing rules adopted in accordance with the Environmental Improvement Act pertaining to public water recreation facilities. The fee shall be based on the size of the public water recreation facility. Fees collected pursuant to this section shall be deposited in the environmental health fund."
SECTION 6. Section 76-24-8 NMSA 1978 (being Laws 2019, Chapter 116, Section 6) is amended to read:
"76-24-8. HEMP MANUFACTURERS--PERMITS--RULES--REQUIREMENTS.--
A. The department of environment shall issue permits pursuant to rules issued under Subsection C of this section to extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products.
B. A person shall not extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products without a permit issued by the department of environment or a license issued pursuant to Subsection C of Section [8 of the Hemp Manufacturing Act] 76-24-10 NMSA 1978.
C. The department of environment shall adopt rules that include:
(1) procedures for the issuance, denial, renewal, suspension and revocation of a permit issued by the department of environment to manufacture hemp products, including permit terms and procedures for appeal of a denial, suspension or revocation that include notice and opportunity for a hearing;
(2) qualifications for permitting that include health, sanitation, safety and security;
(3) proficiency standards and requirements for storage, recordkeeping and inspections;
(4) requiring, and providing a process for, the use or disposal of hemp-derived material containing THC levels of more than three-tenths percent; and
(5) fees not to exceed the lesser of one thousand dollars ($1,000) or the cost of administration of a permit issued pursuant to this section.
D. A hemp manufacturer that produces intermediate hemp-derived products or hemp finished products intended for human consumption by eating or drinking are subject to the provisions of the Food Service Sanitation Act and the New Mexico Food Act.
E. Hemp finished products produced by a hemp manufacturer holding a permit issued pursuant to this section shall not be deemed adulterated as that term is used in the Food Service Sanitation Act and the New Mexico Food Act.
F. Fees collected pursuant to this section shall be deposited in the [food service sanitation] environmental health fund.
G. A permit issued pursuant to this section does not relieve the holder of the permit of the responsibility to obtain other licenses or permits as required by law."
SECTION 7. TEMPORARY PROVISION.--On the effective date of this act, unexpended and unencumbered balances in the food service sanitation fund, the liquid waste fund and the water recreation facilities fund shall be transferred to the environmental health fund.
SECTION 8. REPEAL.--Sections 25-1-5.1 and 74-1-15 NMSA 1978 (being Laws 1993, Chapter 100, Section 5 and Laws 2000, Chapter 96, Section 3, as amended) are repealed.
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