reglab/housing_qa huggingface dataset:
NM Stat § 12-12-2 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: Laws 1980, ch. 107, § 2.
NM Stat § 12-12-4 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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). History: Laws 1980, ch. 107, § 4.
NM Stat § 12-12-5 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: Laws 1980, ch. 107, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of legal notices, see 14-11-1 NMSA 1978 et seq.
NM Stat § 12-12-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: Laws 1980, ch. 107, § 6.
NM Stat § 12-12-7 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: Laws 1980, ch. 107, § 7. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 12-12-8 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 12-12-8 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 39, § 1, repealed 12-12-8 NMSA 1978, relating to the July 1, 1983 termination of the Energy Emergency Powers Act.
NM Stat § 12-12-9 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: Laws 1980, ch. 107, § 9.
NM Stat § 12-12-10 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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." History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-1 NMSA 1978 as 12-12-10 NMSA 1978, effective July 1, 2005.
NM Stat § 12-12-11 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-2 NMSA 1978 as 12-12-11 NMSA 1978, effective July 1, 2005.
NM Stat § 12-12-12 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-3 NMSA 1978 as 12-12-12 NMSA 1978, effective July 1, 2005.
NM Stat § 12-12-13 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-4 NMSA 1978 as 12-12-13 NMSA 1978, effective July 1, 2005. Law reviews. — For note, "Access to Sunlight: New Mexico's Solar Rights Act," see 10 N.M.L. Rev. 169 (1979-80).
NM Stat § 12-12-14 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-5 NMSA 1978 as 12-12-14 NMSA 1978, effective July 1, 2005. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil §§ 153, 161.
NM Stat § 12-12-15 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 1978 Comp., § 70-8-5.1, enacted by Laws 1979, ch. 174, § 3; recompiled as § 12-12-15 by Laws 2005, ch. 22, § 4. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-5.1 NMSA 1978 as 12-12-15 NMSA 1978, effective July 1, 2005.
NM Stat § 12-12-16 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-6 NMSA 1978 as 12-12-16 NMSA 1978, effective July 1, 2005. Am. Jur. 2d, A.L.R. and C.J.S. references. — Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.
NM Stat § 12-12-17 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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". History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-1 NMSA 1978 as 12-12-17 NMSA 1978, effective July 1, 2005. Compiler's notes. — Chapter 74, Article 4B was recompiled as part of Chapter 12, Article 12 by Laws 2005, ch. 24, § 4. At the time it was recompiled the Emergency Management Act consisted of Sections 74-4B-1, 74-4B-2, 74-4B-3, 74-4B-4, 74-4B-5, 74-4B-6, 74-4B-6.1, 74-4B-7, 74-4B-8, 74-4B-9, 74-4B-10, 74-4B-10.1, 74-4B-13 and 74-4B-14. These sections were recompiled as Sections 12-12-17 to 12-12-30 NMSA 1978. Cross references. — For Voluntary Remediation Act, see Chapter 74, Article 4G NMSA 1978. The 2007 amendment, effective July 1, 2007, changed the statutory reference and the title of the act. Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685. Validity, construction, and application of state hazardous waste regulations, 86 A.L.R.4th 401. State or local regulation of toxic substances as pre-empted by Toxic Substances Control Act (15 USCS § 2601 et seq.), 84 A.L.R. Fed. 913. Third-party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 105 A.L.R. Fed. 21.
NM Stat § 12-12-18 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-2 NMSA 1978 as 12-12-18 NMSA 1978, effective July 1, 2005. The 2007 amendment, effective July 1, 2007, deleted former Subsection B.
NM Stat § 12-12-22 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 12-12-22 - Repealed.

History: 1978 Comp., § 74-4B-6, enacted by Laws 1983, ch. 80, § 6; 1984, ch. 41, § 5; 1986, ch. 62, § 4; 1987, ch. 268, § 41; 1989, ch. 149, § 13; recompiled as § 12-12-22 by Laws 2005, ch. 22, § 4; repealed by Laws 2007, ch. 291, § 36.ANNOTATIONSRepeals. — Laws 2007, ch. 291, § 36 repealed 12-12-22 NMSA 1978, as enacted by Laws 1983, ch. 80, § 6, effective July 1, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com. Laws 2007, ch. 290, § 12 amended this section, making the secretary of information technology a member of the emergency management task force. The section was set out as repealed by Laws 2007, ch. 291, § 36. See 12-1-8 NMSA 1978.
NM Stat § 12-12-23 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-6.1 NMSA 1978 as 12-12-23 NMSA 1978, effective July 1, 2005. The 2007 amendment, effective July 1, 2007, eliminated references to the public safety department.
NM Stat § 12-12-24 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 1978 Comp., § 74-4B-7, enacted by Laws 1983, ch. 80, § 7, recompiled as § 12-12-24 by Laws 2005, ch. 22, § 4. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-7 NMSA 1978 as 12-12-24 NMSA 1978, effective July 1, 2005.
NM Stat § 12-12-25 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-8 NMSA 1978 as 12-12-25 NMSA 1978, effective July 1, 2005. Cross references. — For the state fire marshal, see 59A-52-1 NMSA 1978.
NM Stat § 12-12-26 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 12 - Hazardous Materials Emergency Response|Section 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. History: 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. ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-9 NMSA 1978 as 12-12-26 NMSA 1978, effective July 1, 2005. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.