0001|                               AN ACT
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0002| RELATING TO EMERGENCY MANAGEMENT; CHANGING THE DEFINITION OF
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0003| ORPHAN HAZARDOUS MATERIALS TO INCLUDE SUBSTANCES USED IN THE
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0004| MANUFACTURE OF ILLEGAL CONTROLLED SUBSTANCES.
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0005| 
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  Section 74-4B-3 NMSA 1978 (being Laws 1983, Chapter 80, Section 3, as
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0008| amended) is amended to read:
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0009|      "74-4B-3.  DEFINITIONS.--As used in the Emergency Management Act:
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0010|           A.  "accident" means an event involving hazardous materials that may cause
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0011| injury to persons or damage to property or release hazardous materials to the environment;
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0012|           B.  "administrator" means the hazardous materials emergency response
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0013| administrator;
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0014|           C.  "board" means the hazardous materials safety board;
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0015|           D.  "chief" means the chief of the New Mexico state police;
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0016|           E.  "commission" means the state emergency response commission;
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0017|           F.  "department" means the department of public safety;
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0018|           G.  "emergency management" means the ability to prepare for, respond to,
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0019| mitigate, recover and restore the scene of an institutional, industrial, transportation or other
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0020| accident;
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0021|           H.  "first responder" means the first law enforcement officer or other public
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0022| service provider with a radio-equipped vehicle to arrive at the scene of an accident;
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0023|           I.  "hazardous materials" means hazardous substances, radioactive materials or a
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0024| combination of hazardous substances and radioactive materials;
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0025|           J.  "hazardous substances" means flammable solids, semisolids, liquids or gases;
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0001| poisons; corrosives; explosives; compressed gases; reactive or toxic chemicals; irritants; or
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0002| biological agents, but does not include radioactive materials;
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0003|           K.  "orphan hazardous materials" means hazardous  substances, radioactive
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0004| materials, a combination of hazardous substances and radioactive materials or substances used in
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0005| the manufacture of controlled substances in violation of the Controlled Substances Act where an
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0006| owner of the substances or materials cannot be identified;
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0007|           L.  "plan" means the statewide hazardous materials emergency response plan;
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0008|           M.  "radioactive materials" means any material or combination of materials that
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0009| spontaneously emits ionizing radiation.  Materials in which the estimated specific activity is not
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0010| greater than 0.002 microcuries per gram of material are not considered to be radioactive materials
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0011| unless determined to be so by the hazardous and radioactive materials bureau of the water and
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0012| waste management division of the department of environment for purposes of emergency
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0013| response pursuant to the Emergency Management Act;
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0014|           N.  "responsible state agency" means an agency designated in Subsection D of
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0015| Section 74-4B-5 NMSA 1978 with responsibility for managing a certain type of accident or
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0016| performing certain functions at the scene of such accident;
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0017|           O.  "secretary" means the secretary of public safety; and
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0018|           P.  "task force" means the emergency management task force."
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0019|      Section 2.  EFFECTIVE DATE.--The effective date of the provisions of this act is
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0020| July 1, 1997.                         
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