NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files, Department of Health, Health Policy Commission

SUMMARY

Synopsis of Bill

Senate Bill 214 designates the Department of Health as the state agency responsible for the development and implementation of a lead hazard program that is intended to prevent childhood lead poisoning through the regulation of professionals involved in the identification, risk assessment, and abatement of lead hazards in housing and child-occupied facilities such as daycare centers built before 1978. The Department of Health would be charged with the development of regulations, the provision of enforcement, development of sanctions and penalties and the development of a fee schedule and the creation of a non-reverting fund for the administration of this program.

Significant Issues

The Environmental Protection Agency,(EPA) is scheduled to administer this program in New Mexico if the state chooses not to administer the provisions at the state level.

This bill was introduced during the past legislative session and passed the house but died in the senate upon adjournment.

FISCAL IMPLICATIONS

According to the Department of Health, federal funds and nominal fees will provide the administrative resources necessary to run this program. In addition, the department reports that existing legal and program personnel are presently available.

ADMINISTRATIVE IMPLICATIONS

The department reports that existing personnel are available to administer this program and the creation of new positions will not be necessary for the initial start-up.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

The Lead Hazard Act compliments the New Mexico Occupational Health and Safety Act and will not be in conflict with it's provisions.

TECHNICAL ISSUES

Close cooperation and coordination with the Environment Department will enhance the effectiveness of this program.

OTHER SUBSTANTIVE ISSUES

In 1998 the Department of Health estimated the first year cost of the program to be $300.0 with $250.0 coming from the federal government and $50.0 coming from fees assessed by the department.

Funds to clean up structures once the hazard has been detected are available from the federal government. It is estimated that up to $6,000.0 would be made available to New Mexico residents to clean up their homes.

MB/njw