0001|                            HOUSE BILL 421
    |
0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
    |
0003|                            INTRODUCED BY
    |
0004|                        PATSY TRUJILLO KNAUER
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO THE ENVIRONMENT; ESTABLISHING AN OFFICE OF
    |
0012|     CHILDREN'S ENVIRONMENTAL PROTECTION; CREATING A TEMPORARY TASK
    |
0013|     FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO
    |
0014|     CHILDREN; PROVIDING POWERS AND DUTIES; MAKING AN
    |
0015|     APPROPRIATION; DECLARING AN EMERGENCY.
    |
0016|     
    |
0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0018|          Section 1.  [<u>NEW MATERIAL</u>] FINDINGS.--The legislature
    |
0019|     finds that a growing body of scientific knowledge demonstrates
    |
0020|     that children suffer disproportionately from environmental
    |
0021|     health risks and safety risks.  These risks arise in part
    |
0022|     because children's neurological, immunological, digestive and
    |
0023|     other bodily systems are still developing.  The legislature
    |
0024|     finds that it is important to address these risks and to
    |
0025|     assure New Mexico families that the state is concerned about
    |
<center>- 1 -</center>

0001|     protecting their children's environment.
    |
0002|          Section 2.  A new section of the Department of
    |
0003|     Environment Act is enacted to read:
    |
0004|          "[<u>NEW MATERIAL</u>] OFFICE OF CHILDREN'S ENVIRONMENTAL
    |
0005|     PROTECTION--DUTIES.--The "office of children's environmental
    |
0006|     protection" is created as a division within the department of
    |
0007|     environment.  The office shall:
    |
0008|               A.  identify and assess environmental health risks
    |
0009|     and safety risks that may disproportionately affect children;
    |
0010|               B.  develop policies, programs, activities and
    |
0011|     standards that address disproportionate risks to children that
    |
0012|     result from environmental health risks or safety risks;
    |
0013|               C.  disseminate information about and policies and
    |
0014|     programs to address environmental health risks and safety
    |
0015|     risks to schools and other agencies and entities with programs
    |
0016|     or facilities for children;
    |
0017|               D.  work with the superintendent of public
    |
0018|     instruction and the state board of education to carry out a
    |
0019|     program to measure electric and magnetic fields in public
    |
0020|     schools and private schools and daycare centers that receive
    |
0021|     federal or state funds to establish guidelines for reducing
    |
0022|     electric and magnetic field levels as outlined in the electric
    |
0023|     and magnetic field checklist for school buildings and grounds
    |
0024|     construction, a study funded by the United States department
    |
0025|     of energy;
    |
<center>- 2 -</center>

0001|     
    |
0002|               E.  work with the superintendent of public
    |
0003|     instruction and the state board of education to carry out a
    |
0004|     survey of other known health hazards in public schools and in
    |
0005|     private schools and daycare centers that receive federal or
    |
0006|     state funds;
    |
0007|               F.  require each state agency to review its
    |
0008|     policies, programs, activities and standards, in accordance
    |
0009|     with guidelines set by the office, to ensure that none involve
    |
0010|     disproportionate health risks or safety risks to children;
    |
0011|               G.  coordinate the efforts of all state agencies
    |
0012|     dealing with children's environmental health risks and safety
    |
0013|     risks; and
    |
0014|               H.  establish liaisons with appropriate federal,
    |
0015|     local, tribal, private and nonprofit offices and agencies
    |
0016|     addressing children's environmental health risks and safety
    |
0017|     risks."
    |
0018|          Section 3.  TEMPORARY PROVISION--TASK FORCE ON
    |
0019|     ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN--
    |
0020|     MEMBERSHIP--DUTIES.--
    |
0021|               A.  The "task force on environmental health risks
    |
0022|     and safety risks to children" is created for the period from
    |
0023|     the effective date of this act until December 1, 1999.  The
    |
0024|     task force shall consist of the lieutenant governor; the
    |
0025|     secretary of environment; the secretary of health; the
    |
<center>- 3 -</center>

0001|     secretary of children, youth and families; the superintendent
    |
0002|     of regulation and licensing; the superintendent of public
    |
0003|     instruction; the secretary of energy, minerals and natural
    |
0004|     resources; the attorney general or his designee and six
    |
0005|     persons appointed to serve as children's ombudsmen.  One
    |
0006|     children's ombudsman shall be appointed by the governor, one
    |
0007|     by the New Mexico supreme court, one by the speaker of the
    |
0008|     house of representatives, one by the minority leader of the
    |
0009|     house of representatives, one by the president pro tempore of
    |
0010|     the senate and one by the minority leader of the senate.
    |
0011|               B.  The lieutenant governor shall serve as chairman
    |
0012|     of the task force and shall convene the task force within ten
    |
0013|     days of the effective date of this act.   
    |
0014|               C.  The task force shall have the power to subpoena
    |
0015|     an individual, commission, council, agency, department or any
    |
0016|     other entity to appear in person or to produce documents under
    |
0017|     their control for the purpose of obtaining information
    |
0018|     relevant to its mission.
    |
0019|               D.  The task force shall make recommendations to
    |
0020|     the secretary of environment on organizing and operating the
    |
0021|     office of children's environmental protection in the most
    |
0022|     appropriate and effective way to carry out its mission.   The
    |
0023|     task force shall ensure that the office of children's
    |
0024|     environmental protection is established immediately and can
    |
0025|     begin as soon as possible to initiate the program to measure
    |
<center>- 4 -</center>

0001|     electric and magnetic fields in the public schools.
    |
0002|          Section 4.  APPROPRIATION.--One million dollars
    |
0003|     ($1,000,000) is appropriated from the general fund to the
    |
0004|     department of environment for expenditure in fiscal years 1998
    |
0005|     and 1999 to establish and operate the office of children's
    |
0006|     environmental protection and carry out the provisions of this
    |
0007|     act.  Any unexpended or unencumbered balance remaining at the
    |
0008|     end of fiscal year 1999 shall revert to the general fund.
    |
0009|          Section 5.  EMERGENCY.--It is necessary for the public
    |
0010|     peace, health and safety that this act take effect
    |
0011|     immediately.
    |
0012|                              
    |