NMSA 1978, § 12-12-1 Short title
12-12-1. Short title
This act [12-12-1 to 12-12-9 NMSA 1978] may be cited as the "Energy Emergency Powers Act."
Laws 1980, ch. 107, § 1.
Hazardous Materials Emergency Response
NMSA 1978 ch. 12, art. 12
in effectNMSA 1978, § 12-12-2 Definitions
12-12-2. Definitions
As used in the Energy Emergency Powers Act [12-12-1 to 12-12-9 NMSA 1978]:
A. "energy emergency" means an existing or imminent domestic, regional or national shortage of energy resources which may result in the curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy or have a severe impact on the health, safety and general welfare of the citizens of this state unless action is taken to conserve or limit the use of the energy form involved and the allocation of available energy resources among users;
B. "energy resource" means petroleum or other liquid fuels, natural or synthetic fuel gas, electricity, coal, synthetic fuel or its components;
C. "energy supply alert" means an anticipated shortfall of available energy resources on a national, regional or local basis which foreseeably could result in an energy emergency unless action is taken to reduce energy uses by the state, its agencies and political subdivisions; and
D. "person" means an individual, partnership, joint venture, private or public corporation, cooperative, association, firm, public utility, political subdivision, municipal corporation, government agency, joint operating agency or any other entity, public or private, however organized.
Laws 1980, ch. 107, § 2.
NMSA 1978, § 12-12-3 Energy supply alert; energy emergency; powers of the governor
12-12-3. Energy supply alert; energy emergency; powers of the governor
A. The governor, after making written findings of the grounds upon which he bases his decision, may issue a declaration that an energy supply alert exists. The governor shall publish his declaration and the findings upon which it is based along with any orders issued pursuant to the declared alert. After declaring that the state or any region thereof is in an alert status the governor may issue executive orders directed at state agencies and political subdivisions of the state. Such orders may include but are not limited to the following provisions:
(1) imposition of restrictions on any wasteful, inefficient or nonessential use of energy resources;
(2) ordering changes in operation schedules and working hours;
(3) curtailing the use of land vehicles, watercraft and aircraft; and
(4) such other provisions as are deemed necessary to reduce the consumption of energy resources.
B. The governor, upon termination of an energy supply alert or after determining that the declaration of an energy supply alert would be insufficient to meet the situation facing the people of New Mexico and after making written findings of the grounds upon which he bases his decision that an energy emergency exists, which findings shall be provided the presiding officer of each house of the legislature, may issue a declaration that such an emergency exists. Upon the issuance and publication of such a declaration and the written determination of need, the governor may issue executive orders and may take such steps as are necessary and appropriate to carry out the provisions of the Energy Emergency Powers Act [12-12-1 to 12-12-9 NMSA 1978] and generally to protect the peace, health, safety and welfare and preserve the lives and property of the people of this state. Executive orders may include but are not limited to the following provisions:
(1) imposition of restrictions on any wasteful, inefficient or nonessential use of energy resources;
(2) allocation of available supplies of energy resources among areas, users, persons or categories of persons or users. In allocating available resources the governor shall give priority to energy resource use essential to public health and safety, and shall thereafter attempt to allocate the remaining supply equitably;
(3) regulation of the days and times when energy resources may be sold to end users and the amounts which may be sold or purchased;
(4) regulation of the hours and days during which nonresidential buildings may be open and the temperature at which they may be maintained; and
(5) such provisions as may be necessary to assure that adequate transportation facilities exist to supply the energy needs of this state.
C. The governor shall review the requests of the chief executive of political subdivisions that the governor issue orders to require specific actions to be taken within those subdivisions. The governor may grant those requests he deems in the best interest of the state and may delegate to the political subdivisions such powers as he determines would best be vested in local entities.
D. Executive orders issued pursuant to this section shall take effect three days after publication in a manner designed to assure statewide notification. In addition, executive orders issued hereunder are exempt from the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
Laws 1980, ch. 107, § 3.
NMSA 1978, § 12-12-4 Delegation; administration and enforcement
12-12-4. Delegation; administration and enforcement
Notwithstanding any other provision of law, the governor or his designee may administer and enforce energy conservation measures under a delegation of authority pursuant to Title 2 of the federal Emergency Energy Conservation Act of 1979, 42 U.S.C. Sections 8501 through 8541 (1979).
Laws 1980, ch. 107, § 4.
NMSA 1978, § 12-12-5 Termination [of emergency or alert]
12-12-5. Termination [of emergency or alert]
Whenever the governor is satisfied that any energy emergency or energy supply alert no longer exists, he shall terminate the emergency or alert by another declaration. The declaration shall be published in such newspapers of the state and posted in such places as the governor deems appropriate.
Laws 1980, ch. 107, § 5.
NMSA 1978, § 12-12-6 Legislative extension; reduction; suspension
12-12-6. Legislative extension; reduction; suspension
In no event shall any executive order issued pursuant to the powers granted in Subsection B of Section 3 [12-12-3 NMSA 1978] of the Energy Emergency Powers Act continue in effect for more than one hundred twenty days unless extended, restricted or suspended by joint resolution of the legislature in regular, extraordinary or special session.
Laws 1980, ch. 107, § 6.
NMSA 1978, § 12-12-7 Penalties and enforcement
12-12-7. Penalties and enforcement
Any person who violates any provision of the Energy Emergency Powers Act [12-12-1 to 12-12-9 NMSA 1978] or any provision of an executive order issued thereunder is, upon conviction, guilty of a misdemeanor. Every day of violation after notice of violation shall constitute a separate offense. The attorney general shall be responsible for prosecuting violations charged under the Energy Emergency Powers Act and may petition the district court for injunctive relief to prevent any future violation of that act.
Laws 1980, ch. 107, § 7.
NMSA 1978, § 12-12-9 Liberal interpretation
12-12-9. Liberal interpretation
The Energy Emergency Powers Act [12-12-1 to 12-12-9 NMSA 1978] shall be liberally construed to carry out its purpose.
Laws 1980, ch. 107, § 9.
NMSA 1978, § 12-12-10 Short title
12-12-10. Short title
This act [12-12-10 to 12-12-16 NMSA 1978] may be cited as the "Emergency Petroleum Products Supply Act."
1953 Comp., § 65-10-1, enacted by Laws 1974, ch. 22, § 1; 1978 Comp., § 70-8-1, recompiled as § 12-12-10 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-11 Purpose and findings
12-12-11. Purpose and findings
The legislature hereby determines that:
A. shortages of petroleum products caused by discontinuance or significant reductions of normal and customary availability in New Mexico of petroleum supplies create severe economic dislocations and hardships, including loss of jobs, closing of factories and businesses, reduction of crop plantings and harvesting, and curtailment of vital public services, including the transportation of food and other essential goods;
B. such hardships and dislocations are a threat to the public health, safety and welfare and can be averted or minimized through the operation of the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978];
C. the purpose of the Emergency Petroleum Products Supply Act is to avert or minimize such threats to the public health, safety and welfare; and
D. the preservation of existing marketing and distribution facilities of petroleum products in the state is necessary to prevent chaos and promote the public health, safety and welfare.
1953 Comp., § 65-10-2, enacted by Laws 1974, ch. 22, § 2; 1978 Comp., § 70-8-2, recompiled as § 12-12-11 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-12 Definitions
12-12-12. Definitions
As used in the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978]:
A. "petroleum products" means gasoline, aviation gasoline, kerosene, diesel fuels, heating oils, propane, butane and all other liquefied petroleum gases other than natural gasoline;
B. "supplier" means any person, except a small refiner, who sells, markets or distributes petroleum products in a refined state to any distributor in New Mexico;
C. "distributor" means any distributor, wholesaler, jobber, consignee, commission agent or other person, except a supplier's employee, who purchases or otherwise acquires possession of or an interest in petroleum products in New Mexico from a supplier for wholesale sale and not for retail sale or ultimate consumption;
D. "small refiner" means a refiner whose total refinery capacity, including the refinery capacity of any firm which controls, is controlled by or is under common control with such refiner, does not exceed fifty thousand barrels per day;
E. "monthly allocation" means the monthly amount of petroleum products sold or otherwise supplied to, for or in connection with a distributor in the same month of the calendar year next preceding the calendar year of the intended reduction or discontinuance. Reduction or increase in a monthly allocation shall not be considered in determining the monthly allocation for succeeding periods;
F. "to discontinue" means the failure or refusal to deliver a monthly allocation to a distributor for a period of six consecutive months unless such failure or refusal is the direct and proximate result of force majeure;
G. "to reduce" means the failure or refusal to deliver at least seventy-five percent of a monthly allocation to a distributor for a period of two consecutive months unless such failure or refusal is the direct and proximate result of force majeure; and
H. "force majeure" means an act of God or any other cause not reasonably within the control of the supplier.
1953 Comp., § 65-10-3, enacted by Laws 1974, ch. 22, § 3; 1979, ch. 174, § 1; 1983, ch. 196, § 1; 1978 Comp., § 70-8-3, recompiled as § 12-12-12 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-13 Consent as a condition of doing business
12-12-13. Consent as a condition of doing business
Any supplier who commences business or continues to do business in New Mexico for a period of thirty days after the effective date of the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978] is deemed to have consented to all the terms of the Emergency Petroleum Products Supply Act as a condition of doing business in New Mexico.
1953 Comp., § 65-10-4, enacted by Laws 1974, ch. 22, § 4; 1978 Comp., § 70-8-4, recompiled as § 12-12-13 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-14 Prohibited acts
12-12-14. Prohibited acts
Except in case of failure by any New Mexico distributor to substantially comply with the requirements imposed upon him by a contract or agreement with the supplier or except as first authorized by an agency of the federal government responsible for regulating allocations of petroleum products or except as provided in Section 12-12-15 NMSA 1978, it is unlawful for any supplier:
A. to discontinue monthly allocations of petroleum products to a New Mexico distributor, his successors in interest or qualified assigns; or
B. to reduce monthly allocations of petroleum products to a New Mexico distributor, his successors in interest or qualified assigns.
1953 Comp., § 65-10-5, enacted by Laws 1974, ch. 22, § 5; 1979, ch. 174, § 2; 1978 Comp., § 70-8-5, recompiled as § 12-12-14 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-15 Exemption
12-12-15. Exemption
A supplier is authorized to reduce or discontinue monthly allocations of petroleum products with any New Mexico distributor if the supplier:
A. furnishes the distributor with an alternative source of monthly allocations of petroleum products of equal type, grade, quantity and equivalent delivery location or, in the event the distributor refuses to accept the alternative source; and
B. agrees to supply the distributor with monthly allocations of petroleum products for a period of thirty months after furnishing the distributor and the governor with notice of the tender of the alternative source of monthly allocations of petroleum products and of its intention to discontinue or reduce such allocations.
1978 Comp., § 70-8-5.1, enacted by Laws 1979, ch. 174, § 3; recompiled as § 12-12-15 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-16 Right of action; injunction; damages
12-12-16. Right of action; injunction; damages
Whenever the attorney general of New Mexico, after complaint has been filed by any person alleging injury hereunder or upon his own initiative after investigation made, believes any supplier has violated, or is knowingly in violation of, the provisions of the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978], the attorney general shall bring an action to enjoin the violation in any district court of the state. Additionally, any person who shall be injured in his business or property by a violation of this act may bring an action to enjoin the violation and to recover all damages sustained thereby, including cost of suit and a reasonable attorney's fee, in any district court of the state. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the violation is found to be willful.
1953 Comp., § 65-10-6, enacted by Laws 1974, ch. 22, § 6; 1978 Comp., § 70-8-6, recompiled as § 12-12-16 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-17 Short title
12-12-17. Short title
Sections 12-12-17 through 12-12-30 NMSA 1978 may be cited as the "Hazardous Materials Emergency Response Act".
1978 Comp., § 74-4B-1, enacted by Laws 1983, ch. 80, § 1; 1984, ch. 41, § 1; recompiled as § 12-12-17 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 25.
NMSA 1978, § 12-12-18 Findings and purpose
12-12-18. Findings and purpose
A. The legislature finds that the use of hazardous materials, including radioactive materials, and the transportation of such materials through or within New Mexico occurs on a daily basis, and, no matter how safety-conscious facilities, users, shippers or carriers are, accidents may occur. In the event of an accident, resource requirements may be beyond the capability of local governments, and the state must be prepared to respond quickly and effectively to protect the health and safety of its citizens and the environment.
B. It is the purpose of the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978] to:
(1) provide that adequate hazardous materials emergency management capability exists in the state to protect the health and safety of New Mexico citizens and the environment;
(2) delineate those state agencies that are responsible for responding to an accident and providing for the control and management of such an accident and to provide for the cooperation of other state agencies and local governments in emergency management; and
(3) provide for the formulation of a comprehensive hazardous materials emergency response plan that will be distributed statewide and that will be complied with by all persons who may be involved in responding to an accident.
1978 Comp., § 74-4B-2, enacted by Laws 1983, ch. 80, § 2; recompiled as § 12-12-18 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 26.
NMSA 1978, § 12-12-19 Definitions
12-12-19. Definitions
As used in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978]:
A. "accident" means an event involving hazardous materials that may cause injury to persons or damage to property or release hazardous materials to the environment;
B. "administrator" means the hazardous materials emergency response administrator;
C. "board" means the hazardous materials safety board;
D. "chief" means the chief of the New Mexico state police;
E. "commission" means the state emergency response commission;
F. "department" means the homeland security and emergency management department;
G. "emergency management" means the ability to prepare for, respond to, mitigate, recover and restore the scene of an institutional, industrial, transportation or other accident;
H. "first responder" means the first law enforcement officer or other public service provider with a radio-equipped vehicle to arrive at the scene of an accident;
I. "hazardous materials" means hazardous substances, radioactive materials or a combination of hazardous substances and radioactive materials;
J. "hazardous substances" means flammable solids, semisolids, liquids or gases; poisons; corrosives; explosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents, but does not include radioactive materials;
K. "orphan hazardous materials" means hazardous substances, radioactive materials, a combination of hazardous substances and radioactive materials or substances used in the manufacture of controlled substances in violation of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] where an owner of the substances or materials cannot be identified;
L. "plan" means the statewide hazardous materials emergency response plan;
M. "radioactive materials" means any material or combination of materials that spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material are not considered to be radioactive materials unless determined to be so by the hazardous and radioactive materials bureau of the water and waste management division of the department of environment for purposes of emergency response pursuant to the Hazardous Materials Emergency Response Act;
N. "responsible state agency" means an agency designated in Subsection D of Section 12-12-21 NMSA 1978 with responsibility for managing a certain type of accident or performing certain functions at the scene of such accident; and
O. "secretary" or "state director" means the state director of homeland security and emergency management.
1978 Comp., § 74-4B-3, enacted by Laws 1983, ch. 80, § 3; 1984, ch. 41, § 2; 1986, ch. 62, § 1; 1989, ch. 149, § 10; 1992, ch. 5, § 1; 1997, ch. 152, § 1; 1997, ch. 231, § 1; recompiled as § 12-12-19 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 27.
NMSA 1978, § 12-12-20 State responsibility for management of accidents; immunity from liability; cooperative agreements; private property
12-12-20. State responsibility for management of accidents; immunity from liability; cooperative agreements; private property
A. The state director shall have final authority to administer the provisions of the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978].
B. As between state and local governments, the state government has the primary responsibility for the management of an accident, and the local government in whose jurisdiction the accident occurs shall assist the state in its management of the accident.
C. Nothing in the Hazardous Materials Emergency Response Act shall be construed as a waiver or alteration of the immunity from liability granted under the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] or as a waiver of any other immunity or privilege under law.
D. The state, through the state director or state director's designee, may enter into cooperative agreements with county and municipal governments for the management of accidents based on the severity of the accident and the resources of the local government. The plan shall set forth the criteria for determining when an accident may be managed by the local government in whose jurisdiction the accident occurred.
E. The state director shall support emergency response capabilities by assisting local and state responders in the acquisition of equipment, training and hazardous materials information.
F. The state, through the state director or state director's designee, may enter into cooperative agreements with the federal government, Indian tribes and pueblos and bordering states for assistance in the management of accidents.
G. Whenever an accident appears imminent or has occurred, employees or authorized persons of responsible state agencies as defined in Section 12-12-21 NMSA 1978 are authorized to enter upon any premises for the purpose of determining whether it is necessary for emergency management procedures to be implemented. The state on-scene coordinator or a responsible state agency may take full control and custody of the premises for the purpose of managing the accident.
1978 Comp., § 74-4B-4, enacted by Laws 1983, ch. 80, § 4; 1984, ch. 41, § 3; 1986, ch. 62, § 2; 1989, ch. 149, § 11; 1996, ch. 37, § 9; recompiled as § 12-12-20 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 28.
NMSA 1978, § 12-12-21 State police emergency response officer; procedure for notification; cooperation of other state agencies and local governments
12-12-21. State police emergency response officer; procedure for notification; cooperation of other state agencies and local governments
A. The state director, in addition to having final authority to administer the provisions of the Hazardous Materials Emergency Response Act, shall be responsible for central coordination and communication in the event of an accident.
B. The chief shall designate one or more persons to be known as "state police emergency response officers". A state police emergency response officer shall be trained in accident evaluation and emergency response and shall be available to answer an emergency response call from the first responder.
C. In the event of an accident, if the first responder is a law enforcement officer, the officer shall immediately notify the state police district emergency response officer in the officer's area, who shall in turn immediately notify the state police emergency response center. If the first responder is a person with radio capability tied into radio communications protocol or reporting structure with the department of information technology, the person shall immediately notify Santa Fe control, who shall in turn immediately notify the state police emergency response center. The state police emergency response center shall:
(1) evaluate and determine the scope of the accident based on information provided by the first responder;
(2) instruct the first responder on how to proceed at the accident scene;
(3) immediately notify the state director and the appropriate responsible state agency and advise it of the necessary response;
(4) notify the sheriff or chief of police in whose jurisdiction the accident occurred; and
(5) coordinate field communications and summon additional resources requested by the emergency management team.
D. The responsible state agencies shall be:
(1) the New Mexico state police division of the department of public safety for coordination, law enforcement and traffic and crowd control;
(2) the department of environment for assistance with accidents involving hazardous materials or hazardous substances;
(3) the state fire marshal's office for assistance with any accident involving hazardous materials;
(4) the injury prevention and emergency medical services bureau of the public health division of the department of health for assistance with accidents involving casualties;
(5) the homeland security and emergency management department and the department of military affairs for assistance with accidents that require the evacuation of the vicinity of the accident or the use of the national guard of New Mexico; and
(6) the department of transportation for assistance with road closures, designating alternate routes and related services.
E. Other state agencies and local governments shall assist the responsible state agencies when requested to do so.
F. Any driver of a vehicle carrying hazardous materials involved in an accident that may cause injury to persons or property or any owner, shipper or carrier of hazardous materials involved in an accident who has knowledge of such accident or any owner or person in charge of any building, premises or facility where such an accident occurs shall immediately notify the New Mexico state police division of the department of public safety by the quickest means of communication available.
1978 Comp., § 74-4B-5, enacted by Laws 1983, ch. 80, § 5; 1984, ch. 41, § 4; 1986, ch. 62, § 3; 1989, ch. 149, § 12; recompiled as § 12-12-21 by Laws 2005, ch. 22, § 4; 2007, ch. 290, § 11; 2007, ch. 291, § 29.
NMSA 1978, § 12-12-23 Hazardous materials emergency response administrator; created; duties
12-12-23. Hazardous materials emergency response administrator; created; duties
The position of "hazardous materials emergency response administrator" is created within the homeland security and emergency management department. The state director shall assign the administrator's duties.
1978 Comp., § 74-4B-6.1, enacted by Laws 1984, ch. 41, § 6; 1986, ch. 149, § 14, recompiled as § 12-12-23 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 30.
NMSA 1978, § 12-12-24 Training officers
12-12-24. Training officers
Each responsible state agency shall designate one person who is knowledgeable in the area of hazardous materials accident response, as it applies to the functions of that agency, to be its training officer. It is the duty of the training officer to teach the appropriate personnel within the agency the proper methods of discharging the agency's responsibilities in responding to hazardous materials accidents. The training officer is also responsible for providing cross-training to personnel of other responsible state agencies and other persons as may be required by the hazardous materials safety board.
1978 Comp., § 74-4B-7, enacted by Laws 1983, ch. 80, § 7, recompiled as § 12-12-24 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-25 Hazardous materials safety board; creation; duties
12-12-25. Hazardous materials safety board; creation; duties
A. There is created the "hazardous materials safety board", composed of the training officers of the responsible state agencies. The chairman of the board shall be elected by the members of the board.
B. The board shall, at the direction of the state emergency response commission:
(1) establish a curriculum of accident response training for the personnel of each responsible state agency designed to implement the plan adopted by the task force;
(2) certify to each responsible state agency those persons who have completed the training curriculum or parts of the curriculum;
(3) meet at least every four months to review the training needs of each responsible state agency and formulate a plan to meet those needs;
(4) conduct, under the direction and administration of the state fire marshal, an annual comprehensive training course for all appropriate personnel from responsible state agencies, other state agencies and local governments, which course shall include teaching the basic duties, responsibilities and procedures of responsible state agencies, other state agencies and local governments;
(5) in conjunction with the task force, prepare and submit to the state emergency response commission a budget for statewide training needs; and
(6) cooperate with and assist the task force as requested, including providing the task force with any requested information regarding safety and training of emergency response personnel.
1978 Comp., § 74-4B-8, enacted by Laws 1983, ch. 80, § 8; 1984, ch. 41, § 7; 1986, ch. 62, § 6; 1989, ch. 149, § 15, recompiled as § 12-12-25 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-26 Accident review; report
12-12-26. Accident review; report
After any hazardous materials accident which required the presence of an emergency management team, including a local government team pursuant to a cooperative agreement, the board shall meet to review the performance of the team and to establish the probable cause of the accident. The board shall report its findings to the task force and the local government in whose jurisdiction the accident occurred; provided, however, the conclusions contained in the report shall not be admissible in evidence in any court proceeding to prove or disprove the negligence of any party found by the report to have contributed to the cause of the accident. The report shall be filed with the state corporation commission [public regulation commission] and the administrator.
1978 Comp., § 74-4B-9, enacted by Laws 1983, ch. 80, § 9; 1984, ch. 41, § 8; recompiled as § 12-12-26 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-27 Clean-up
12-12-27. Clean-up
Nothing in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978] shall be construed to relieve hazardous materials owners, shippers or carriers of their responsibilities and liability in the event of an accident. Such persons shall assist the state as requested in responding to an accident and are responsible for restoring the scene of the accident to the satisfaction of the state.
1978 Comp., § 74-4B-10, enacted by Laws 1983, ch. 80, § 10; recompiled as § 12-12-27 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 31.
NMSA 1978, § 12-12-28 Good Samaritan law
12-12-28. Good Samaritan law
A. Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened release of hazardous materials, or in preventing, cleaning up or disposing or attempting to prevent, clean up or dispose of such release, shall be subject to civil liabilities or penalties of any type.
B. The immunity provided for in Subsection A of this section does not apply to any person:
(1) whose act or omission caused, in whole or in part, the actual or threatened release of hazardous materials and who would otherwise be liable; or
(2) who receives compensation other than reimbursement for out-of-pocket expenses for his services in rendering assistance or advice.
C. Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from that person's gross negligence or reckless, wanton or intentional misconduct.
1978 Comp., § 74-4B-10.1, enacted by Laws 1984, ch. 41, § 9; recompiled as § 12-12-28 by Laws 2005, § 22, § 4.
NMSA 1978, § 12-12-29 Orphan material recovery fund established
12-12-29. Orphan material recovery fund established
A. There is created in the state treasury the "orphan material recovery fund". The fund shall be invested as other state funds are invested. All money remaining in the orphan material recovery fund at the end of any fiscal year shall remain in that fund.
B. The department shall administer the orphan material recovery fund. Money in the fund is appropriated to the department for the purpose of contracting for the disposal of orphan hazardous materials:
(1) held in the possession of the department; and
(2) identified by state emergency response officers.
C. Any expenditures made from the orphan material recovery fund that are recovered from the party responsible for the orphan hazardous materials shall be credited to the fund.
D. If the cost of disposing orphan hazardous materials exceeds the balance available in the orphan material recovery fund, the secretary is authorized to seek and the state board of finance is authorized to disburse funds from the state board of finance emergency fund in an amount necessary to cover the deficit in the orphan material recovery fund.
1978 Comp., § 74-4B-13, enacted by Laws 1992, ch. 5, § 2; recompiled as § 12-12-29 by Laws 2005, ch. 22, § 4.
NMSA 1978, § 12-12-30 Cleanup of orphan hazardous materials; department recourse; appeal
12-12-30. Cleanup of orphan hazardous materials; department recourse; appeal
The department may assess charges against a party identified as responsible for orphan hazardous materials, for costs the department incurs in cleanup of the orphan hazardous materials and for damage to state property. Amounts received in payment of assessments for cleanup of the orphan hazardous materials shall be deposited in the orphan material recovery fund. Amounts received in payment of assessments for damage to state property shall be used to repair the damage. A person who is assessed charges pursuant to this section may appeal the assessment to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
1978 Comp., § 74-4B-14, enacted by Laws 1992, ch. 5, § 3; 1998, ch. 55, § 92; 1999, ch. 265, § 94; recompiled as § 12-12-30 by Laws 2005, ch. 22, § 4.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18512/index.doFetched: 10/20/2026