reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-21 - Seat of state government.

A. Whenever a disaster makes it imprudent or impossible to conduct the affairs of state government at its seat in Santa Fe, the governor may proclaim temporary disaster locations for the seat of state government at any place he deems advisable, either inside or outside of the state. The governor may issue necessary orders for orderly transition of the affairs of government to any temporary disaster location, which remains the seat of state government until the legislature establishes a new location or until the disaster is declared ended by the legislature and the seat is returned to its normal location in Santa Fe.
B. Any official act or meeting required to be performed at the seat of state government is valid when performed at a temporary disaster location under this section.
History:
1953 Comp., § 4-21-3, enacted by Laws 1961, ch. 19, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States § 38.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-22 - Seats of local governments.

A. Whenever a disaster makes it imprudent or impossible to conduct the affairs of any local government at its regular location, the governing body may meet at any place, inside or outside the limits of the political subdivision, at the call of the presiding officer or any two members of the governing body, and designate by ordinance a temporary disaster location of the local government, which remains the seat of the local government until the governing body establishes a new location or until the disaster is declared ended by the legislature and the seat is returned to its normal location.
B. Any official act or meeting required to be performed at the seat of the local government is valid when performed at a temporary disaster location under this section.
History:
1953 Comp., § 4-21-4, enacted by Laws 1961, ch. 19, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 28, 44 to 49.
20 C.J.S. Counties §§ 45 to 62; 62 C.J.S. Municipal Corporations § 392.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-23 - Policy and purpose.

Because of the existing possibility of the occurrence of disasters resulting from drouth [drought], fire, flood, earthquake or other causes, and in order to insure [ensure] that preparation of this state will be adequate to deal with such disasters, and generally to protect the peace, health and safety and to preserve the lives and property of the people of the state of New Mexico, it is hereby found and declared to be necessary to establish a source of emergency funds.
History:
1953 Comp., § 11-7-1, enacted by Laws 1955, ch. 185, § 1; 1978 Comp., § 6-7-1, recompiled as § 12-11-23 by Laws 2005, ch. 22, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 6-7-1 NMSA 1978 as 12-11-23 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-24 - Provisional appropriation.

For the purposes set out in Section 6-7-1 NMSA 1978, when and if the governor shall declare an emergency, as provided in Section 6-7-3 NMSA 1978, there is appropriated the sum of seven hundred fifty thousand dollars ($750,000) for each eligible and qualified applicant or so much thereof as the governor may from time to time designate from the surplus unappropriated money in the general fund, if any, at the time of the declaration of such emergency or emergencies.
History:
1953 Comp., § 11-7-2, enacted by Laws 1955, ch. 185, § 2; 1977, ch. 383, § 1; 1989, ch. 181, § 1; 1978 Comp., § 6-7-2, recompiled as § 12-11-24 by Laws 2005, ch. 22, § 4.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 6-7-2 NMSA 1978 as 12-11-24 NMSA 1978, effective July 1, 2005.
The 1989 amendment,
effective July 1, 1989, substituted "Section 6-7-1 NMSA 1978" for "Section 11-7-1 NMSA 1953", "Section 6-7-3 NMSA 1978" for "Section 11-7-3 NMSA 1953", and "seven hundred fifty thousand dollars ($750,000) for each eligible and qualified applicant" for "five hundred thousand dollars ($500,000)".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63C Am. Jur. 2d Public Funds § 62.
81A C.J.S. States § 205.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-25 - Expenditure of funds; manner.

The money appropriated by Sections 6-7-1 and 6-7-2 NMSA 1978 shall be expended for disaster relief for any disaster declared by the governor to be of such magnitude as to be beyond local control and requiring the resources of the state. The funds shall be expended by the governor or any agent or agency designated by him for those purposes, either as a state project or for securing matching federal funds. The money shall be paid out upon warrants drawn by the secretary of finance and administration upon vouchers approved by the governor or an agent or agency designated by him for that purpose. As used in this section, "state project" means an expenditure by a state agency to provide those resources and services necessary to avoid or minimize economic or physical harm until a situation becomes stabilized and again under local self-support and control. "State project" may include any expenditure on a temporary, emergency basis for lodging, sheltering, health care, food, any transportation or shipping necessary to protect lives or public property; or for any other action necessary to protect the public health, safety and welfare.
History:
1953 Comp., § 11-7-3, enacted by Laws 1955, ch. 185, § 3; 1978, ch. 67, § 1; 1999, ch. 140, § 1; 1978 Comp., § 6-7-3, recompiled as § 12-11-25 by Laws 2005, ch. 22, § 4.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 6-7-3 NMSA 1978 as 12-11-25 NMSA 1978, effective July 1, 2005.
The 1999 amendment,
effective June 18, 1999, substituted "money" for "moneys" and "Sections 6-7-1 and 6-7-2 NMSA 1978" for "Sections 11-7-1 and 11-7-2 NMSA 1953" in the first sentence, substituted "The money" for "Said moneys" in the third sentence, and added the fourth and fifth sentences.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12 - Hazardous Materials Emergency Response › Section 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."
History:
Laws 1980, ch. 107, § 1.
ANNOTATIONS
Cross references.
— For the Energy, Minerals and Natural Resources Department Act,
see
9-5A-1 NMSA 1978 et seq.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12 - Hazardous Materials Emergency Response › Section 12-12-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 39, § 1, repealed 12-12-8 NMSA 1978, relating to the July 1, 1983 termination of the Energy Emergency Powers Act.
2023 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.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 70-8-1 NMSA 1978 as 12-12-10 NMSA 1978, effective July 1, 2005.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 70-8-2 NMSA 1978 as 12-12-11 NMSA 1978, effective July 1, 2005.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 70-8-3 NMSA 1978 as 12-12-12 NMSA 1978, effective July 1, 2005.
2023 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.
ANNOTATIONS
Recompilations.
— 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).
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 70-8-5.1 NMSA 1978 as 12-12-15 NMSA 1978, effective July 1, 2005.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 74-4B-7 NMSA 1978 as 12-12-24 NMSA 1978, effective July 1, 2005.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12 - Hazardous Materials Emergency Response › Section 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.
History:
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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 74-4B-10 NMSA 1978 as 12-12-27 NMSA 1978, effective July 1, 2005.
The 2007 amendment,
effective July 1, 2007, changed the title of the act.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Third-party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 105 A.L.R. Fed. 21.
Arranger liability of sellers pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 125 A.L.R. Fed. 315.
Arranger liability of state government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 130 A.L.R. Fed. 431.
Arranger liability of nongenerators pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 132 A.L.R. Fed. 77.
Liability of local government under § 107(a) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)), 133 A.L.R. Fed. 293.
What constitutes "disposal" for purposes of owner or operator liability under § 107(a)(2) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)(2)), 136 A.L.R. Fed. 117.
Private entity's status as owner or operator under § 107 (a)(1,2) of Comprehensive Environmental Response, and Liability Act (42 USCS § 9607 (a)(1,2)) (CERCLA), 140 A.L.R. Fed. 181.
Equitable allocation of response costs in contribution action under § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f): Factors affecting response cost liability of generator, broker or arranger, and transporter in single waste stream cases, 146 A.L.R. Fed. 363.
Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.A. § 9613(f)(1): multiple waste streams, 162 A.L.R. Fed. 371.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12 - Hazardous Materials Emergency Response › Section 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.
History:
1978 Comp., § 74-4B-10.1, enacted by Laws 1984, ch. 41, § 9; recompiled as § 12-12-28 by Laws 2005, § 22, § 4.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 74-4B-10.1 NMSA 1978 as 12-12-28 NMSA 1978, effective July 1, 2005.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 57A Am. Jur. 2d Negligence §§ 98, 114, 115.
Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12 - Hazardous Materials Emergency Response › Section 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.
History:
1978 Comp., § 74-4B-13, enacted by Laws 1992, ch. 5, § 2; recompiled as § 12-12-29 by Laws 2005, ch. 22, § 4.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 74-4B-13 NMSA 1978 as 12-12-29 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12 - Hazardous Materials Emergency Response › Section 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.
History:
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.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled 74-4B-14 NMSA 1978 as 12-12-30 NMSA 1978, effective July 1, 2005.
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in the last sentence.
The 1998 amendment,
effective September 1, 1998, inserted "; appeal" in the section heading, substituted "a party identified as" for "persons" and rewrote the last sentence.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-1 - Short title.

This act [12-12A-1 to 12-12A-13 NMSA 1978] may be cited as the "Uniform Emergency Volunteer Health Practitioners Act".
History:
Laws 2008, ch. 47, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-3 - Applicability to volunteer health practitioners.

The Uniform Emergency Volunteer Health Practitioners Act applies to volunteer health practitioners registered with a registration system that complies with Section 5 [12-12A-5 NMSA 1978] of that act and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
History:
Laws 2008, ch. 47, § 3.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-4 - Regulation of services during emergency.

A. While an emergency declaration is in effect, the homeland security and emergency management department may limit, restrict or otherwise regulate:
(1) the duration of practice by volunteer health practitioners;
(2) the geographical areas in which volunteer health practitioners may practice;
(3) the types of volunteer health practitioners who may practice; and
(4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
B. An order issued pursuant to Subsection A of this section may take effect immediately, without prior notice or comment.
C. A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(1) consult and coordinate its activities with the homeland security and emergency management department to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2) comply with any laws other than the Uniform Emergency Volunteer Health Practitioners Act relating to the management of emergency health or veterinary services, including the Emergency Medical Services Act [Chapter 24, Article 10B NMSA 1978] and the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978].
History:
Laws 2008, ch. 47, § 4.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-6 - Recognition of volunteer health practitioners licensed in other states.

A. While an emergency declaration is in effect, a volunteer health practitioner registered with a registration system that complies with Section 5 [12-12A-5 NMSA 1978] of the Uniform Emergency Volunteer Health Practitioners Act and licensed and in good standing in the state upon which the volunteer health practitioner's registration is based may practice in this state to the extent authorized by that act as if the volunteer health practitioner were licensed in this state.
B. A volunteer health practitioner qualified pursuant to Subsection A of this section is not entitled to the protections of the Uniform Emergency Volunteer Health Practitioners Act if the volunteer health practitioner is licensed in more than one state and any license of the volunteer health practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges or has been voluntarily terminated under threat of sanction.
History:
Laws 2008, ch. 47, § 6.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-7 - No effect on credentialing and privileging.

A. As used in this section:
(1) "credentialing" means obtaining, verifying and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility; and
(2) "privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status and specialized skill.
B. The Uniform Emergency Volunteer Health Practitioners Act does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
History:
Laws 2008, ch. 47, § 7.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-9 - Relation to other laws.

A. The Uniform Emergency Volunteer Health Practitioners Act does not limit rights, privileges or immunities provided to volunteer health practitioners by laws other than the Uniform Emergency Volunteer Health Practitioners Act. Except as otherwise provided in Subsection B of this section, the Uniform Emergency Volunteer Health Practitioners Act does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact [12-10-14, 12-10-15 NMSA 1978].
B. The homeland security and emergency management department, pursuant to the provisions of the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state or a municipality or other local government within this state.
History:
Laws 2008, ch. 47, § 9.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-10 - Regulatory authority.

The homeland security and emergency management department may promulgate rules to implement the Uniform Emergency Volunteer Health Practitioners Act. In doing so, the homeland security and emergency management department shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact [12-10-14, 12-10-15 NMSA 1978] and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of the Uniform Emergency Volunteer Health Practitioners Act and make the emergency response systems in the various states reasonably compatible.
History:
Laws 2008, ch. 47, § 10.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-11 - Rights, privileges and immunities for volunteer health practitioners.

A volunteer health practitioner providing health or veterinary services pursuant to the Uniform Emergency Volunteer Health Practitioners Act is entitled to all the rights, privileges or immunities provided by the laws of this state other than the Uniform Emergency Volunteer Health Practitioners Act.
History:
Laws 2008, ch. 47, § 11.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-12 - Workers' compensation coverage.

A. As used in this section, "injury" means a physical or mental injury or disease for which an employee of this state who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under the workers' compensation law of this state.
B. A volunteer health practitioner who provides health or veterinary services pursuant to the Uniform Emergency Volunteer Health Practitioners Act and who is not otherwise eligible for benefits for injury or death under the workers' compensation law of this or another state may elect to be deemed an employee of this state for the purpose of receiving such benefits by making a claim in accordance with the workers' compensation law of this state.
C. The department of health shall promulgate and adopt rules, enter into agreements with other states or take other measures to facilitate the receipt of benefits for injury or death under the workers' compensation law of this state by volunteer health practitioners who reside in other states and may waive or modify requirements for filing, processing and paying claims that unreasonably burden the practitioners. To promote uniformity of application of the Uniform Emergency Volunteer Health Practitioners Act with other states that enact similar legislation, the department of health shall consult with and consider the approaches to filing, processing and paying claims taken by agencies with similar authority in other states.
History:
Laws 2008, ch. 47, § 12.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.