New Mexico 2025 Regular Session

New Mexico House Bill HB291 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HGEIC/HB 291/a~~
2		-	~~Page 1~~
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	28	+	HOUSE BILL 291
	29	+	57
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2025
	46	+	INTRODUCED BY
	47	+	Andrea Romero
28	48		AN ACT
29		-	RELATING TO THE ENVIRONMENT; AMENDING THE RECYCLING AND
30		-	~~ILLEGAL~~ DUMPING ACT TO PROMOTE THE STATE'S CIRCULAR ECONOMY;
31		-	~~REQUIRING~~ THE ENVIRONMENTAL IMPROVEMENT BOARD TO ADOPT
32		-	~~REQUIREMENTS AND~~ PROCEDURES FOR A PERSON TO SUBMIT RULES TO
33		-	~~THE BOARD FOR~~ ADOPTION; REQUIRING THE BOARD TO DETERMINE
34		-	~~WHETHER TO HOLD A~~ HEARING WITHIN SIXTY DAYS.
	49	+	RELATING TO THE ENVIRONMENT; AMENDING THE RECYCLING AND ILLEGAL
	50	+	DUMPING ACT TO PROMOTE THE STATE'S CIRCULAR ECONOMY; REQUIRING
	51	+	THE ENVIRONMENTAL IMPROVEMENT BOARD TO ADOPT REQUIREMENTS AND
	52	+	PROCEDURES FOR A PERSON TO SUBMIT RULES TO THE BOARD FOR
	53	+	ADOPTION; REQUIRING THE BOARD TO DETERMINE WHETHER TO HOLD A
	54	+	HEARING WITHIN SIXTY DAYS.
35	55		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
36	56		SECTION 1. Section 74-13-1 NMSA 1978 (being Laws 2005,
37	57		Chapter 171, Section 1) is amended to read:
38		-	"74-13-1. SHORT TITLE.--~~Chapter 74,~~ ~~Article 13 NMSA~~
39		-	1978 may be cited as the ~~"Recycling, Circular Economy and~~
40		-	Illegal Dumping Act"."
	58	+	"74-13-1. SHORT TITLE.--[Sections 1 through 20 of this
	59	+	act] Chapter 74, Article 13 NMSA 1978 may be cited as the
	60	+	"Recycling, Circular Economy and Illegal Dumping Act"."
41	61		SECTION 2. Section 74-13-2 NMSA 1978 (being Laws 2005,
42	62		Chapter 171, Section 2) is amended to read:
43		-	"74-13-2. LEGISLATIVE PURPOSES.--The purposes of the
44		-	Recycling, Circular Economy and Illegal Dumping Act are to:
45		-	A. protect the health and welfare of current and
46		-	future residents of New Mexico by providing for the
47		-	prevention and abatement of illegal dumpsites;
48		-	B. promote environmentally sound methods for reuse
49		-	and recycling and to foster a circular economy;
50		-	C. create a statewide recycling and circular
51		-	economy alliance involving the cooperation of cities, HGEIC/HB 291/a
52		-	Page 2
	63	+	.229892.3SA underscored material = new
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78		-	counties, state agencies, tribal governments, land grant
79		-	communities and private business to encourage economic
80		-	development, community development and collaboration that
81		-	foster sustainable use of resources and increased recycling
82		-	and that promote a circular economy and a cleaner and
83		-	healthier environment; and
	90	+	"74-13-2. LEGISLATIVE PURPOSES.--The purposes of the
	91	+	Recycling, Circular Economy and Illegal Dumping Act are to:
	92	+	A. protect the health and welfare of current and
	93	+	future residents of New Mexico by providing for the prevention
	94	+	and abatement of illegal dumpsites;
	95	+	B. promote environmentally sound methods for reuse
	96	+	and recycling and to foster a circular economy ;
	97	+	C. create a statewide recycling and circular
	98	+	economy alliance involving the cooperation of cities, counties,
	99	+	state agencies, tribal governments, land grant communities and
	100	+	private business to encourage economic development, community
	101	+	development and collaboration that foster sustainable use of
	102	+	resources and increased recycling and that promote a circular
	103	+	economy and a cleaner and healthier environment; and
84	104		D. enhance and coordinate existing highway litter
85	105		control and removal and recycling efforts that include the
86	106		recycling of tires, glass, plastic, metal, paper products,
87	107		electronic waste and construction and demolition materials."
88	108		SECTION 3. Section 74-13-3 NMSA 1978 (being Laws 2005,
89	109		Chapter 171, Section 3) is amended to read:
90	110		"74-13-3. DEFINITIONS.--As used in the Recycling,
91	111		Circular Economy and Illegal Dumping Act:
92		-	A. "abatement" means to reduce in amount, degree
93		-	or intensity or to eliminate;
	112	+	A. "abatement" means to reduce in amount, degree or
	113	+	intensity or to eliminate;
94	114		B. "agricultural use" means the beneficial use of
95		-	scrap tires in conjunction with the operations of a farm or
96		-	ranch that includes construction projects and aids in the
97		-	storage of feed;
98		-	C. "alliance" means the recycling, circular
99		-	economy and illegal dumping alliance;
100		-	D. "board" means the environmental improvement
101		-	board;
102		-	E. "circular economy" means an economy that uses a HGEIC/HB 291/a
103		-	Page 3
	115	+	.229892.3SA
	116	+	- 2 - underscored material = new
	117	+	[bracketed material] = delete
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129		-	systems-focused approach and involves industrial processes
130		-	and economic activities that:
131		-	(1) are restorative or regenerative by
132		-	design;
	143	+	scrap tires in conjunction with the operations of a farm or
	144	+	ranch that includes construction projects and aids in the
	145	+	storage of feed;
	146	+	C. "alliance" means the recycling, circular economy
	147	+	and illegal dumping alliance;
	148	+	D. "board" means the environmental improvement
	149	+	board;
	150	+	E. "circular economy" means an economy that uses a
	151	+	systems-focused approach and involves industrial processes and
	152	+	economic activities that:
	153	+	(1) are restorative or regenerative by design;
133	154		(2) enable resources used in such processes
134		-	and activities to maintain their highest values for as long
135		-	as possible; and
	155	+	and activities to maintain their highest values for as long as
	156	+	possible; and
136	157		(3) aim for the elimination of waste through
137	158		the superior design of materials, products and systems,
138	159		including business models;
139		-	F. "civil engineering application" means the use
140		-	of scrap tires or other recycled material in conjunction with
	160	+	F. "civil engineering application" means the use of
	161	+	scrap tires or other recycled material in conjunction with
141	162		other aggregate materials in engineering applications ;
142		-	G. "composting" means the process by which
	163	+	[F.] G. "composting" means the process by which
143	164		biological decomposition of organic material is carried out
144	165		under controlled conditions and the process stabilizes the
145		-	organic fraction into a material that can be easily and
146		-	safely stored, handled and used in an environmentally
147		-	acceptable manner;
148		-	H. "cooperative association" means a refuse
149		-	disposal district created pursuant to the Refuse Disposal
150		-	Act, a sanitation district created pursuant to the Water and
151		-	Sanitation District Act, a special district created pursuant
152		-	to the Special District Procedures Act or other associations
153		-	created pursuant to the Joint Powers Agreements Act or the HGEIC/HB 291/a
154		-	Page 4
	166	+	organic fraction into a material that can be easily and safely
	167	+	stored, handled and used in an environmentally acceptable
	168	+	.229892.3SA
	169	+	- 3 - underscored material = new
	170	+	[bracketed material] = delete
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	196	+	manner;
	197	+	[G.] H. "cooperative association" means a refuse
	198	+	disposal district created pursuant to the Refuse Disposal Act,
	199	+	a sanitation district created pursuant to the Water and
	200	+	Sanitation District Act, a special district created pursuant to
	201	+	the Special District Procedures Act or other associations
	202	+	created pursuant to the Joint Powers Agreements Act or the
180	203		Solid Waste Authority Act;
181		-	I. "department" means the department of
	204	+	[H.] I. "department" means the department of
182	205		environment;
183		-	J. "dispose" means to deposit scrap tires or ~~solid~~
184		-	waste into or on any land or water;
185		-	K. "household" means any single and multiple
	206	+	[I.] J. "dispose" means to deposit scrap tires or
	207	+	solid waste into or on any land or water;
	208	+	[J.] K. "household" means any single and multiple
186	209		residence, hotel or motel, bunkhouse, ranger station, crew
187		-	quarters, campground, picnic ground or day-use recreation
188		-	area;
189		-	L. "illegal dumping" means disposal of trash,
	210	+	quarters, campground, picnic ground or day-use recreation area;
	211	+	[K.] L. "illegal dumping" means disposal of trash,
190	212		scrap tires or any solid waste in a manner that violates the
191		-	Solid Waste Act or the Recycling, Circular Economy and
192		-	Illegal Dumping Act;
193		-	M. "illegal dumpsite" means a place where illegal
194		-	dumping has occurred, except as stated in Subsection A of
195		-	Section 74-13-4 NMSA 1978;
196		-	N. "market development" means activities to expand
197		-	or create markets for recyclable and reusable materials that
198		-	foster a circular economy;
199		-	O. "motor vehicle" means a vehicle or device that
200		-	is propelled by an internal combustion engine or electric
201		-	motor power that is used or may be used on the public
202		-	highways for the purpose of transporting persons or property
203		-	and includes any connected trailer or semitrailer;
204		-	P. "processing" means techniques to change HGEIC/HB 291/a
205		-	Page 5
	213	+	Solid Waste Act or the Recycling, Circular Economy and Illegal
	214	+	Dumping Act;
	215	+	[L.] M. "illegal dumpsite" means a place where
	216	+	illegal dumping has occurred except as stated in Subsection A
	217	+	of Section [4 of the Recycling and Illegal Dumping Act ] 74-13-4
	218	+	NMSA 1978;
	219	+	[M.] N. "market development" means activities to
	220	+	expand or create markets for recyclable and reusable materials
	221	+	.229892.3SA
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
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	249	+	that foster a circular economy ;
	250	+	[N.] O. "motor vehicle" means a vehicle or device
	251	+	that is propelled by an internal combustion engine or electric
	252	+	motor power that is used or may be used on the public highways
	253	+	for the purpose of transporting persons or property and
	254	+	includes any connected trailer or semitrailer;
	255	+	[O.] P. "processing" means techniques to change
231	256		physical, chemical or biological character or composition of
232		-	solid waste but does not include composting, transformation
233		-	or open burning;
234		-	Q. "recycling" means any process by which
235		-	recyclable materials are collected, separated or processed
236		-	~~and~~ reused or returned to use in the form of raw materials or
	257	+	solid waste but does not include composting, transformation or
	258	+	open burning;
	259	+	[P.] Q. "recycling" means any process by which
	260	+	recyclable materials are collected, separated or processed and
	261	+	reused or returned to use in the form of raw materials or
237	262		products;
238		-	R. "reuse" means the return of a commodity into
239		-	the economic stream without a change to its original form;
240		-	S. "scrap tire" means a tire that is no longer
	263	+	[Q.] R. "reuse" means the return of a commodity
	264	+	into the economic stream without a change to its original
	265	+	form;
	266	+	[R.] S. "scrap tire" means a tire that is no longer
241	267		suitable for its originally intended purpose because of wear,
242	268		damage or defect;
243		-	T. "scrap tire baling" means the process by ~~which~~
244		-	scrap tires are mechanically compressed and bound into ~~block~~
245		-	form;
246		-	U. "scrap tire generator" means a person who
	269	+	[S.] T. "scrap tire baling" means the process by
	270	+	which scrap tires are mechanically compressed and bound into
	271	+	block form;
	272	+	[T.] U. "scrap tire generator" means a person who
247	273		generates scrap tires, including retail tire dealers,
248		-	retreaders, scrap tire processors, automobile dealers,
249		-	automobile salvage yards, private company vehicle maintenance
250		-	shops, garages, service stations and city, county and state
251		-	government but does not include persons who generate scrap
252		-	tires in a household or in agricultural operations;
253		-	V. "scrap tire hauler" means a person who
254		-	transports scrap tires for hire for the purpose of recycling,
255		-	disposal, transformation or use in a civil engineering HGEIC/HB 291/a
256		-	Page 6
	274	+	.229892.3SA
	275	+	- 5 - underscored material = new
	276	+	[bracketed material] = delete
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	302	+	retreaders, scrap tire processors, automobile dealers,
	303	+	automobile salvage yards, private company vehicle maintenance
	304	+	shops, garages, service stations and city, county and state
	305	+	government, but does not include persons who generate scrap
	306	+	tires in a household or in agricultural operations;
	307	+	[U.] V. "scrap tire hauler" means a person who
	308	+	transports scrap tires for hire for the purpose of recycling,
	309	+	disposal, transformation or use in a civil engineering
282	310		application;
283		-	W. "secretary" means the secretary of environment;
284		-	X. "tire" means a continuous solid or pneumatic
285		-	rubber covering that encircles the wheel of a motor
	311	+	[V.] W. "secretary" means the secretary of
	312	+	environment;
	313	+	[W.] X. "tire" means a continuous solid or
	314	+	pneumatic rubber covering that encircles the wheel of a motor
286	315		vehicle;
287		-	Y. "tire-derived fuel" means whole or chipped
	316	+	[X.] Y. "tire-derived fuel" means whole or chipped
288	317		tires that produce a low sulfur, high-heating-value fuel;
289		-	Z. "tire-derived product" means a usable product
290		-	produced from the processing of a scrap tire but does not
291		-	include baled tires;
292		-	AA. "tire recycling" means a process in which
293		-	scrap tires are collected, stored, separated or reprocessed
294		-	for reuse as a different product or shredded into a form
295		-	suitable for use in rubberized asphalt or as raw material for
296		-	the manufacture of other products; and
297		-	BB. "tire recycling facility" means a place
298		-	operated or maintained for tire recycling but does not
299		-	include:
300		-	(1) retail business premises where tires are
301		-	sold, if no more than five hundred loose scrap tires or two
302		-	thousand scrap tires, if left in a closed conveyance or
303		-	enclosure, are kept on the premises at one time;
304		-	(2) the premises of a tire retreading
305		-	business, if no more than three thousand scrap tires are kept
306		-	on the premises at one time; HGEIC/HB 291/a
307		-	Page 7
	318	+	[Y.] Z. "tire-derived product" means a usable
	319	+	product produced from the processing of a scrap tire but does
	320	+	not include baled tires;
	321	+	[Z.] AA. "tire recycling" means a process in which
	322	+	scrap tires are collected, stored, separated or reprocessed for
	323	+	reuse as a different product or shredded into a form suitable
	324	+	for use in rubberized asphalt or as raw material for the
	325	+	manufacture of other products; and
	326	+	[AA.] BB. "tire recycling facility" means a place
	327	+	.229892.3SA
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
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	355	+	operated or maintained for tire recycling but does not
	356	+	include:
	357	+	(1) retail business premises where tires are
	358	+	sold, if no more than five hundred loose scrap tires or two
	359	+	thousand scrap tires, if left in a closed conveyance or
	360	+	enclosure, are kept on the premises at one time;
	361	+	(2) the premises of a tire retreading
	362	+	business, if no more than three thousand scrap tires are kept
	363	+	on the premises at one time;
333	364		(3) premises where tires are removed from
334	365		motor vehicles in the ordinary course of business, if no more
335	366		than five hundred scrap tires are kept on the premises at one
336	367		time;
337	368		(4) a solid waste facility having a valid
338		-	permit or registration issued pursuant to the provisions of
339		-	~~the~~ Solid Waste Act or regulations adopted pursuant to that
340		-	~~act or~~ registration issued pursuant to the Environmental
341		-	~~Improvement~~ Act; or
342		-	(5) a site where tires are stored or used
343		-	~~for~~ agricultural uses."
	369	+	permit or registration issued pursuant to the provisions of the
	370	+	Solid Waste Act or regulations adopted pursuant to that act or
	371	+	registration issued pursuant to the Environmental Improvement
	372	+	Act; or
	373	+	(5) a site where tires are stored or used for
	374	+	agricultural uses."
344	375		SECTION 4. Section 74-13-6 NMSA 1978 (being Laws 2005,
345	376		Chapter 171, Section 6) is amended to read:
346	377		"74-13-6. ADMINISTRATION OF ACT--RECYCLING AND WASTE
347	378		REDUCTION COORDINATOR--CIRCULAR ECONOMY COORDINATOR .--
348	379		A. The department is responsible for the
349		-	administration and enforcement of the provisions of the
350		-	Recycling, Circular Economy and Illegal Dumping Act and of
351		-	all rules adopted by the board pursuant to the provisions of
352		-	that act. The department is delegated all authority
353		-	necessary and appropriate to carry out its responsibilities.
354		-	B. The positions of "recycling and waste reduction
355		-	coordinator" and "circular economy coordinator" are created
356		-	in the department and shall be funded from the recycling and
357		-	illegal dumping fund." HGEIC/HB 291/a
358		-	Page 8
	380	+	.229892.3SA
	381	+	- 7 - underscored material = new
	382	+	[bracketed material] = delete
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	408	+	administration and enforcement of the provisions of the
	409	+	Recycling, Circular Economy and Illegal Dumping Act and of all
	410	+	rules adopted by the board pursuant to the provisions of that
	411	+	act. The department is delegated all authority necessary and
	412	+	appropriate to carry out its responsibilities.
	413	+	B. The positions of "recycling and waste reduction
	414	+	coordinator" and "circular economy coordinator" are created in
	415	+	the department and shall be funded from the recycling and
	416	+	illegal dumping fund. "
384	417		SECTION 5. Section 74-13-7 NMSA 1978 (being Laws 2005,
385	418		Chapter 171, Section 7) is amended to read:
386		-	"74-13-7. RECYCLING, CIRCULAR ECONOMY AND ILLEGAL
387		-	~~DUMPING~~ ALLIANCE.--
	419	+	"74-13-7. RECYCLING, CIRCULAR ECONOMY AND ILLEGAL DUMPING
	420	+	ALLIANCE.--
388	421		A. The "recycling, circular economy and illegal
389		-	dumping alliance" is created and is composed of one ~~member~~
390		-	from each of the following:
	422	+	dumping alliance" is created and is [comprised ] composed of one
	423	+	member from each of the following:
391	424		(1) state government;
392	425		(2) local government;
393	426		(3) a solid waste authority;
394	427		(4) an industry waste generator;
395	428		(5) a tribal government;
396	429		(6) a nonprofit organization;
397	430		(7) a recycling company;
398	431		(8) a retailer;
399	432		(9) an agricultural producer;
400		-	(10) a soil and water conservation district;
401		-	(11) a waste management company; and
402		-	(12) the public at large.
403		-	B. The secretary shall appoint members of the
404		-	alliance to serve two-year terms as volunteers with no
405		-	compensation from the state.
406		-	C. The alliance shall:
407		-	(1) develop strategies to increase
408		-	recycling, foster the circular economy and decrease illegal HGEIC/HB 291/a
409		-	Page 9
	433	+	.229892.3SA
	434	+	- 8 - underscored material = new
	435	+	[bracketed material] = delete
410	436		1
411	437		2
412	438		3
413	439		4
414	440		5
415	441		6
416	442		7
417	443		8
418	444		9
419	445		10
420	446		11
421	447		12
422	448		13
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424	450		15
425	451		16
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432	458		23
433	459		24
434	460		25
435		-	dumping in New Mexico;
436		-	(2) create a state circular economy plan, as
437		-	a component of the New Mexico solid waste management plan, to
438		-	establish programs and goals and update the plans every three
439		-	years to measure progress and modify strategies; and
	461	+	(10) a soil and water conservation district;
	462	+	(11) a waste management company; and
	463	+	(12) the public at large.
	464	+	B. The secretary shall appoint members of the
	465	+	alliance to serve two-year terms as volunteers with no
	466	+	compensation from the state.
	467	+	C. The alliance shall:
	468	+	(1) develop strategies to increase recycling,
	469	+	foster the circular economy and decrease illegal dumping in New
	470	+	Mexico;
	471	+	(2) create a state [recycling ] circular
	472	+	economy plan, as a component of the New Mexico solid waste
	473	+	management plan, to establish programs and goals and update the
	474	+	[plan] plans every three years to measure progress and modify
	475	+	strategies; and
440	476		(3) review and make recommendations for
441	477		funding grant applications from the recycling and illegal
442	478		dumping fund."
443	479		SECTION 6. Section 74-13-8 NMSA 1978 (being Laws 2005,
444	480		Chapter 171, Section 8) is amended to read:
445		-	"74-13-8. RULES--AUTHORITY AND CONTENT.--The board
446		-	shall adopt rules to implement the provisions of the
447		-	Recycling, Circular Economy and Illegal Dumping Act. The
448		-	rules shall be adopted pursuant to the provisions of the
449		-	Environmental Improvement Act and shall include:
450		-	A. requirements and procedures for the issuance of
451		-	permits and registrations to tire recycling facilities, civil
452		-	engineering applications, scrap tire generators and scrap
453		-	tire haulers;
454		-	B. standards and requirements for tire recycling
455		-	and scrap tire storage and processing;
456		-	C. record-keeping requirements for tire recycling
457		-	facilities, scrap tire haulers and scrap tire generators;
458		-	D. financial assurance criteria for tire recycling
459		-	facilities; HGEIC/HB 291/a
460		-	Page 10
	481	+	"74-13-8. RULES--AUTHORITY AND CONTENT.--The board shall
	482	+	adopt rules to implement the provisions of the Recycling,
	483	+	Circular Economy and Illegal Dumping Act. The rules shall be
	484	+	adopted pursuant to the provisions of the Environmental
	485	+	Improvement Act and shall include:
	486	+	.229892.3SA
	487	+	- 9 - underscored material = new
	488	+	[bracketed material] = delete
461	489		1
462	490		2
463	491		3
464	492		4
465	493		5
466	494		6
467	495		7
468	496		8
469	497		9
470	498		10
471	499		11
472	500		12
473	501		13
474	502		14
475	503		15
476	504		16
477	505		17
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479	507		19
480	508		20
481	509		21
482	510		22
483	511		23
484	512		24
485	513		25
	514	+	A. requirements and procedures for the issuance of
	515	+	permits and registrations to tire recycling facilities, civil
	516	+	engineering applications, scrap tire generators and scrap tire
	517	+	haulers;
	518	+	B. standards and requirements for tire recycling
	519	+	and scrap tire storage and processing;
	520	+	C. record-keeping requirements for tire recycling
	521	+	facilities, scrap tire haulers and scrap tire generators;
	522	+	D. financial assurance criteria for tire recycling
	523	+	facilities;
486	524		E. fire rules for storage of scrap tires and
487	525		tire-derived products that are consistent with the rules or
488	526		recommendations adopted by the state fire marshal;
489		-	F. criteria and procedures for making
490		-	~~disbursements~~ pursuant to grant and loan programs authorized
491		-	~~from the~~ recycling and illegal dumping fund;
492		-	G. requirements and procedures for contracting
493		-	~~with~~ counties, municipalities, Indian nations, pueblos and
494		-	~~tribes,~~ land grant communities and cooperative associations
495		-	~~for the~~ abatement of illegal dumpsites and recycling;
	527	+	F. criteria and procedures for making disbursements
	528	+	pursuant to grant and loan programs authorized from the
	529	+	recycling and illegal dumping fund;
	530	+	G. requirements and procedures for contracting with
	531	+	counties, municipalities, Indian nations, pueblos and tribes,
	532	+	land grant communities and cooperative associations for the
	533	+	abatement of illegal dumpsites and recycling;
496	534		H. requirements and procedures for a scrap tire
497	535		manifest system;
498	536		I. a fee schedule applicable to scrap tire haulers
499		-	and tire recycling facilities not exceeding the estimated
500		-	cost of investigating and issuing permits and registrations
501		-	and conducting regulatory oversight of permitted and
502		-	registered activities;
503		-	J. a fee schedule applicable to scrap tire
504		-	generators not exceeding the estimated cost of conducting
505		-	regulatory oversight of scrap tire generators; and
506		-	K. requirements and procedures for a person to
507		-	submit proposed rules to the board for adoption. The board
508		-	shall determine whether to hold a hearing within sixty days
509		-	of submission of a proposed rule."
510		-	SECTION 7. Section 74-13-10 NMSA 1978 (being Laws 2005, HGEIC/HB 291/a
511		-	Page 11
	537	+	and tire recycling facilities not exceeding the estimated cost
	538	+	of investigating and issuing permits and registrations and
	539	+	.229892.3SA
	540	+	- 10 - underscored material = new
	541	+	[bracketed material] = delete
512	542		1
513	543		2
514	544		3
515	545		4
516	546		5
517	547		6
518	548		7
519	549		8
520	550		9
521	551		10
522	552		11
523	553		12
524	554		13
525	555		14
526	556		15
527	557		16
528	558		17
529	559		18
530	560		19
531	561		20
532	562		21
533	563		22
534	564		23
535	565		24
536	566		25
	567	+	conducting regulatory oversight of permitted and registered
	568	+	activities; [and]
	569	+	J. a fee schedule applicable to scrap tire
	570	+	generators not exceeding the estimated cost of conducting
	571	+	regulatory oversight of scrap tire generators; and
	572	+	K. requirements and procedures for a person to
	573	+	submit proposed rules to the board for adoption. The board
	574	+	shall determine whether to hold a hearing within sixty days of
	575	+	submission of a proposed rule ."
	576	+	SECTION 7. Section 74-13-10 NMSA 1978 (being Laws 2005,
537	577		Chapter 171, Section 10) is amended to read:
538	578		"74-13-10. SOLID WASTE PERMIT EXEMPTION.--A person
539	579		operating a tire recycling facility under a permit issued
540		-	pursuant to the Recycling, Circular Economy and Illegal
541		-	~~Dumping~~ Act shall not be required to obtain a permit for that
542		-	~~facility~~ pursuant to the Solid Waste Act."
	580	+	pursuant to the Recycling, Circular Economy and Illegal Dumping
	581	+	Act shall not be required to obtain a permit for that facility
	582	+	pursuant to the Solid Waste Act."
543	583		SECTION 8. Section 74-13-11 NMSA 1978 (being Laws 2005,
544	584		Chapter 171, Section 11) is amended to read:
545	585		"74-13-11. ABATEMENT OF ILLEGAL DUMPSITE.--
546	586		A. The department may bring an abatement action
547	587		pursuant to the provisions of Section 30-8-8 NMSA 1978 to
548	588		eliminate an illegal dumpsite.
549	589		B. The secretary may act administratively to
550	590		eliminate illegal dumpsites pursuant to the provisions of the
551	591		Recycling, Circular Economy and Illegal Dumping Act.
552		-	C. Nothing in this section shall prohibit a
553		-	municipality, county, Indian nation, pueblo or tribe, land
554		-	grant community or cooperative association from contracting
555		-	for services to complete an abatement action."
556		-	SECTION 9. Section 74-13-13 NMSA 1978 (being Laws 2005,
557		-	Chapter 171, Section 13) is amended to read:
558		-	"74-13-13. ENFORCEMENT--COMPLIANCE ORDERS.--
559		-	A. Whenever the secretary determines that a person
560		-	has violated or is violating any requirement or prohibition
561		-	of the Recycling, Circular Economy and Illegal Dumping Act, a HGEIC/HB 291/a
562		-	Page 12
	592	+	.229892.3SA
	593	+	- 11 - underscored material = new
	594	+	[bracketed material] = delete
563	595		1
564	596		2
565	597		3
566	598		4
567	599		5
568	600		6
569	601		7
570	602		8
571	603		9
572	604		10
573	605		11
574	606		12
575	607		13
576	608		14
577	609		15
578	610		16
579	611		17
580	612		18
581	613		19
582	614		20
583	615		21
584	616		22
585	617		23
586	618		24
587	619		25
588		-	rule adopted pursuant to that act or a condition of a permit
589		-	issued pursuant to that act, the secretary may:
	620	+	C. Nothing in this section shall prohibit a
	621	+	municipality, county, Indian nation, pueblo or tribe, land
	622	+	grant community or cooperative association from contracting for
	623	+	services to complete an abatement action."
	624	+	SECTION 9. Section 74-13-13 NMSA 1978 (being Laws 2005,
	625	+	Chapter 171, Section 13) is amended to read:
	626	+	"74-13-13. ENFORCEMENT--COMPLIANCE ORDERS.--
	627	+	A. Whenever the secretary determines that a person
	628	+	has violated or is violating any requirement or prohibition of
	629	+	the Recycling, Circular Economy and Illegal Dumping Act, a rule
	630	+	adopted pursuant to that act or a condition of a permit issued
	631	+	pursuant to that act, the secretary may:
590	632		(1) issue a compliance order stating with
591	633		reasonable specificity the nature of the violation and
592	634		requiring compliance immediately or within a specified time
593	635		period or assessing a civil penalty for any past or current
594	636		violation or both; and
595		-	(2) commence a civil action in district
596		-	~~court~~ for appropriate relief, including a temporary or
597		-	~~permanent~~ injunction.
	637	+	(2) commence a civil action in district court
	638	+	for appropriate relief, including a temporary or permanent
	639	+	injunction.
598	640		B. A compliance order issued pursuant to this
599	641		section may include a suspension or revocation of a permit or
600	642		portion of the permit issued by the secretary. A penalty
601		-	assessed in the compliance order shall not exceed five
602		-	thousand dollars ($5,000) per day of noncompliance for each
603		-	violation.
604		-	C. A compliance order issued pursuant to this
605		-	section shall state with reasonable specificity the nature of
606		-	the required corrective action or other response measure and
607		-	shall specify a time for compliance.
608		-	D. A compliance order issued pursuant to this
609		-	section shall become final unless, no later than thirty days
610		-	after the order is served, the person named in the order
611		-	submits a written request to the secretary for a public
612		-	hearing. Upon a request, the secretary promptly shall HGEIC/HB 291/a
613		-	Page 13
	643	+	assessed in the compliance order shall not exceed five thousand
	644	+	dollars ($5,000) per day of noncompliance for each violation.
	645	+	.229892.3SA
	646	+	- 12 - underscored material = new
	647	+	[bracketed material] = delete
614	648		1
615	649		2
616	650		3
617	651		4
618	652		5
619	653		6
620	654		7
621	655		8
622	656		9
623	657		10
624	658		11
625	659		12
626	660		13
627	661		14
628	662		15
629	663		16
630	664		17
631	665		18
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633	667		20
634	668		21
635	669		22
636	670		23
637	671		24
638	672		25
639		-	conduct a public hearing. The secretary shall appoint an
640		-	independent hearing officer to preside over the public
641		-	hearing. The hearing officer shall make and preserve a
642		-	complete record of the proceedings and forward a
643		-	recommendation to the secretary, who shall make the final
644		-	decision.
	673	+	C. A compliance order issued pursuant to this
	674	+	section shall state with reasonable specificity the nature of
	675	+	the required corrective action or other response measure and
	676	+	shall specify a time for compliance.
	677	+	D. A compliance order issued pursuant to this
	678	+	section shall become final unless, no later than thirty days
	679	+	after the order is served, the person named in the order
	680	+	submits a written request to the secretary for a public
	681	+	hearing. Upon a request, the secretary promptly shall conduct
	682	+	a public hearing. The secretary shall appoint an independent
	683	+	hearing officer to preside over the public hearing. The
	684	+	hearing officer shall make and preserve a complete record of
	685	+	the proceedings and forward a recommendation to the secretary,
	686	+	who shall make the final decision.
645	687		E. The secretary may seek enforcement of the order
646	688		by filing an action for enforcement in the district court.
647		-	F. Upon request of a party, the secretary may
648		-	~~issue~~ subpoenas for the attendance and testimony of witnesses
649		-	~~at the~~ hearing and for the production of relevant documents.
650		-	~~The~~ secretary shall adopt procedural rules for the conduct of
651		-	~~the~~ hearing, including provisions for discovery.
	689	+	F. Upon request of a party, the secretary may issue
	690	+	subpoenas for the attendance and testimony of witnesses at the
	691	+	hearing and for the production of relevant documents. The
	692	+	secretary shall adopt procedural rules for the conduct of the
	693	+	hearing, including provisions for discovery.
652	694		G. In determining the amount of a penalty
653	695		authorized to be assessed pursuant to this section, the
654	696		secretary shall take into account the seriousness of the
655	697		violation, good-faith efforts of the violator to comply with
656		-	applicable requirements of the Recycling, Circular Economy
657		-	and Illegal Dumping Act or rules issued pursuant to its
658		-	provisions and other relevant factors."
659		-	SECTION 10. Section 74-13-14 NMSA 1978 (being Laws
660		-	2005, Chapter 171, Section 14) is amended to read:
661		-	"74-13-14. ENFORCEMENT--FIELD CITATIONS.--
662		-	A. The board shall implement a field citation
663		-	program by adopting rules establishing appropriate minor HGEIC/HB 291/a
664		-	Page 14
	698	+	.229892.3SA
	699	+	- 13 - underscored material = new
	700	+	[bracketed material] = delete
665	701		1
666	702		2
667	703		3
668	704		4
669	705		5
670	706		6
671	707		7
672	708		8
673	709		9
674	710		10
675	711		11
676	712		12
677	713		13
678	714		14
679	715		15
680	716		16
681	717		17
682	718		18
683	719		19
684	720		20
685	721		21
686	722		22
687	723		23
688	724		24
689	725		25
690		-	violations for which field citations assessing civil
691		-	penalties not to exceed one thousand dollars ($1,000) per day
692		-	of violation may be issued by local government authorities or
693		-	employees of the department as designated by the
694		-	secretary.
695		-	B. A field citation issued pursuant to this
696		-	section shall be final unless the person named in the
697		-	citation files a written request for a public hearing with
698		-	the secretary no later than fifteen days after the date on
699		-	which the field citation is served on the person, in which
700		-	case the enforcement of the field citation shall be suspended
701		-	pending the issuance of a final order of the secretary after
702		-	a public hearing. The procedures for scheduling and
703		-	conducting a hearing on and for final disposition of a field
704		-	citation shall be the same as those provided for a compliance
705		-	order pursuant to the Recycling, Circular Economy and Illegal
706		-	Dumping Act.
	726	+	applicable requirements of the Recycling, Circular Economy and
	727	+	Illegal Dumping Act or rules issued pursuant to its provisions
	728	+	and other relevant factors."
	729	+	SECTION 10. Section 74-13-14 NMSA 1978 (being Laws 2005,
	730	+	Chapter 171, Section 14) is amended to read:
	731	+	"74-13-14. ENFORCEMENT--FIELD CITATIONS.--
	732	+	A. The board shall implement a field citation
	733	+	program by adopting rules establishing appropriate minor
	734	+	violations for which field citations assessing civil penalties
	735	+	not to exceed one thousand dollars ($1,000) per day of
	736	+	violation may be issued by local government authorities or
	737	+	employees of the department as designated by the secretary.
	738	+	B. A field citation issued pursuant to this section
	739	+	shall be final unless the person named in the citation files a
	740	+	written request for a public hearing with the secretary no
	741	+	later than fifteen days after the date on which the field
	742	+	citation is served on the person, in which case the enforcement
	743	+	of the field citation shall be suspended pending the issuance
	744	+	of a final order of the secretary after a public hearing. The
	745	+	procedures for scheduling and conducting a hearing on and for
	746	+	final disposition of a field citation shall be the same as
	747	+	those provided for a compliance order pursuant to the
	748	+	Recycling, Circular Economy and Illegal Dumping Act.
707	749		C. Payment of a civil penalty required by a field
708		-	citation issued pursuant to this section shall not be a
709		-	defense to further enforcement by the department to correct a
710		-	continuing violation or to assess the maximum statutory
711		-	penalty pursuant to the provisions of the Recycling, Circular
712		-	Economy and Illegal Dumping Act if the violation
713		-	continues.
714		-	D. In determining the amount of a penalty to be HGEIC/HB 291/a
715		-	Page 15
	750	+	citation issued pursuant to this section shall not be a defense
	751	+	.229892.3SA
	752	+	- 14 - underscored material = new
	753	+	[bracketed material] = delete
716	754		1
717	755		2
718	756		3
719	757		4
720	758		5
721	759		6
722	760		7
723	761		8
724	762		9
725	763		10
726	764		11
727	765		12
728	766		13
729	767		14
730	768		15
731	769		16
732	770		17
733	771		18
734	772		19
735	773		20
736	774		21
737	775		22
738	776		23
739	777		24
740	778		25
741		-	assessed pursuant to this section, the secretary or the
742		-	person issuing a field citation shall take into account the
	779	+	to further enforcement by the department to correct a
	780	+	continuing violation or to assess the maximum statutory penalty
	781	+	pursuant to the provisions of the Recycling, Circular Economy
	782	+	and Illegal Dumping Act if the violation continues.
	783	+	D. In determining the amount of a penalty to be
	784	+	assessed pursuant to this section, the secretary or the person
	785	+	issuing a field citation shall take into account the
743	786		seriousness of the violation, good-faith efforts of the
744	787		violator to comply with the applicable requirements of the
745	788		Recycling, Circular Economy and Illegal Dumping Act or rules
746	789		issued pursuant to its provisions and other relevant
747	790		factors.
748		-	E. In connection with a proceeding pursuant to
749		-	this section, the secretary may issue subpoenas for the
750		-	attendance and testimony of witnesses and the production of
751		-	relevant papers, books and documents and may adopt rules for
752		-	discovery."
753		-	SECTION 11. Section 74-13-15 NMSA 1978 (being Laws
754		-	2005, Chapter 171, Section 15) is amended to read:
755		-	"74-13-15. JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS.--
756		-	A person adversely affected by an administrative action taken
757		-	by the secretary pursuant to the provisions of the Recycling,
758		-	Circular Economy and Illegal Dumping Act may appeal the
759		-	action pursuant to Section 39-3-1.1 NMSA 1978."
760		-	SECTION 12. Section 74-13-16 NMSA 1978 (being Laws
761		-	2005, Chapter 171, Section 16) is amended to read:
762		-	"74-13-16. PENALTY--CRIMINAL.--
763		-	A. A person who knowingly violates Section 74-13-4
764		-	NMSA 1978:
765		-	(1) is guilty of a misdemeanor if the HGEIC/HB 291/a
766		-	Page 16
	791	+	E. In connection with a proceeding pursuant to this
	792	+	section, the secretary may issue subpoenas for the attendance
	793	+	and testimony of witnesses and the production of relevant
	794	+	papers, books and documents and may adopt rules for discovery."
	795	+	SECTION 11. Section 74-13-15 NMSA 1978 (being Laws 2005,
	796	+	Chapter 171, Section 15) is amended to read:
	797	+	"74-13-15. JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS.--A
	798	+	person adversely affected by an administrative action taken by
	799	+	the secretary pursuant to the provisions of the Recycling,
	800	+	Circular Economy and Illegal Dumping Act may appeal the action
	801	+	pursuant to Section 39-3-1.1 NMSA 1978."
	802	+	SECTION 12. Section 74-13-16 NMSA 1978 (being Laws 2005,
	803	+	Chapter 171, Section 16) is amended to read:
	804	+	.229892.3SA
	805	+	- 15 - underscored material = new
	806	+	[bracketed material] = delete
767	807		1
768	808		2
769	809		3
770	810		4
771	811		5
772	812		6
773	813		7
774	814		8
775	815		9
776	816		10
777	817		11
778	818		12
779	819		13
780	820		14
781	821		15
782	822		16
783	823		17
784	824		18
785	825		19
786	826		20
787	827		21
788	828		22
789	829		23
790	830		24
791	831		25
	832	+	"74-13-16. PENALTY--CRIMINAL.--
	833	+	A. A person who knowingly violates Section [4 of
	834	+	the Recycling and Illegal Dumping Act ] 74-13-4 NMSA 1978:
	835	+	(1) is guilty of a misdemeanor if the
792	836		violation involves a quantity of scrap tires or tire-derived
793	837		products that is less than five thousand pounds and shall be
794	838		sentenced pursuant to the provisions of Section 31-19-1 NMSA
795	839		1978; or
796		-	(2) is guilty of a fourth degree felony if
797		-	~~the~~ violation involves a quantity of scrap tires or
798		-	~~tire-derived~~ products that is five thousand pounds or greater
799		-	~~and shall be~~ sentenced pursuant to the provisions of Section
800		-	~~31-18-15 NMSA~~ 1978.
	840	+	(2) is guilty of a fourth degree felony if the
	841	+	violation involves a quantity of scrap tires or tire-derived
	842	+	products that is five thousand pounds or greater and shall be
	843	+	sentenced pursuant to the provisions of Section 31-18-15 NMSA
	844	+	1978.
801	845		B. A person who knowingly omits any substantive
802		-	information or knowingly makes a false substantive statement
803		-	or representation required pursuant to the Recycling,
804		-	~~Circular~~ Economy and Illegal Dumping Act or rule adopted
805		-	~~pursuant to the~~ provisions of that act is guilty of a fourth
806		-	~~degree felony and~~ shall be sentenced in accordance with the
807		-	~~provisions of Section~~ 31-18-15 NMSA 1978."
808		-	SECTION 13. Section 74-13-17 NMSA 1978 (being Laws
809		-	~~2005,~~ Chapter 171, Section 17) is amended to read:
	846	+	information or knowingly makes a false substantive statement or
	847	+	representation required pursuant to the Recycling, Circular
	848	+	Economy and Illegal Dumping Act or rule adopted pursuant to the
	849	+	provisions of that act is guilty of a fourth degree felony and
	850	+	shall be sentenced in accordance with the provisions of Section
	851	+	31-18-15 NMSA 1978."
	852	+	SECTION 13. Section 74-13-17 NMSA 1978 (being Laws 2005,
	853	+	Chapter 171, Section 17) is amended to read:
810	854		"74-13-17. GRANTS--ELIGIBILITY--APPLICATIONS.--
811		-	A. A municipality, county, Indian nation, pueblo
812		-	or tribe, land grant community, cooperative association or
813		-	solid waste authority that meets eligibility requirements
814		-	established by the board may apply for a grant for providing
815		-	funds to public landfills to offset the cost of collecting or
816		-	recycling of tires, purchase equipment, perform marketing, HGEIC/HB 291/a
817		-	Page 17
	855	+	A. A municipality, county, Indian nation, pueblo or
	856	+	tribe, land grant community, cooperative association, [or ]
	857	+	.229892.3SA
	858	+	- 16 - underscored material = new
	859	+	[bracketed material] = delete
818	860		1
819	861		2
820	862		3
821	863		4
822	864		5
823	865		6
824	866		7
825	867		8
826	868		9
827	869		10
828	870		11
829	871		12
830	872		13
831	873		14
832	874		15
833	875		16
834	876		17
835	877		18
836	878		19
837	879		20
838	880		21
839	881		22
840	882		23
841	883		24
842	884		25
843		-	purchase products produced by a recycling facility, provide
844		-	educational outreach, develop recycling infrastructure, abate
845		-	illegal dumpsites or contract with vendors to promote
	885	+	solid waste authority or federally recognized nonprofit
	886	+	organization incorporated in New Mexico that meets eligibility
	887	+	requirements established by the board may apply for a grant for
	888	+	providing funds to public landfills to offset the cost of
	889	+	collecting or recycling of tires, [or submit a competitive bid
	890	+	for a loan or contract for development costs or operating costs
	891	+	to establish a recycling facility ] purchase equipment, perform
	892	+	marketing, purchase products produced by a recycling facility,
	893	+	provide educational outreach, develop recycling infrastructure,
	894	+	abate illegal dumpsites or contract with vendors to promote
846	895		recycling and to abate illegal dumpsites consistent with
847	896		provisions of the Recycling, Circular Economy and Illegal
848		-	Dumping Act. The first priority for funding shall be
849		-	abatement of illegal scrap tire dumpsites and the recycling
850		-	of scrap tires.
851		-	B. Nothing in this section prohibits a
	897	+	Dumping Act. [The first priority for funding shall be
	898	+	abatement of illegal scrap tire dumpsites and the recycling of
	899	+	scrap tires.
	900	+	B. A grant, loan or contract for processing shall
	901	+	not be awarded pursuant to the Recycling and Illegal Dumping
	902	+	Act to a person who receives less than ninety-five percent of
	903	+	recyclable materials from sources in New Mexico.
	904	+	C.] B. Nothing in this section prohibits a
852	905		municipality, county, Indian nation, pueblo or tribe, land
853		-	grant community or cooperative association from contracting
854		-	for services to complete an abatement action."
855		-	SECTION 14. Section 74-13-19 NMSA 1978 (being Laws
856		-	2005, Chapter 171, Section 19) is amended to read:
857		-	"74-13-19. RECYCLING AND ILLEGAL DUMPING FUND
858		-	CREATED.--The "recycling and illegal dumping fund" is created
859		-	in the state treasury. Fees and penalties collected pursuant
860		-	to the Recycling, Circular Economy and Illegal Dumping Act
861		-	shall be deposited into the fund. Money in the fund is
862		-	appropriated to the department for carrying out the provisions
863		-	of the Recycling, Circular Economy and Illegal Dumping Act.
864		-	Any unexpended or unencumbered balance or income earned from
865		-	the money in the recycling and illegal dumping fund remaining
866		-	at the end of a fiscal year shall not revert to the general
867		-	fund. Disbursements from the fund shall be by warrant drawn HGEIC/HB 291/a
868		-	Page 18
	906	+	grant community or cooperative association from contracting for
	907	+	services to complete an abatement action.
	908	+	[D. At least two-thirds of budgeted grant money in
	909	+	each fiscal year shall be allocated to tire abatement and
	910	+	.229892.3SA
	911	+	- 17 - underscored material = new
	912	+	[bracketed material] = delete
869	913		1
870	914		2
871	915		3
872	916		4
873	917		5
874	918		6
875	919		7
876	920		8
877	921		9
878	922		10
879	923		11
880	924		12
881	925		13
882	926		14
883	927		15
884	928		16
885	929		17
886	930		18
887	931		19
888	932		20
889	933		21
890	934		22
891	935		23
892	936		24
893	937		25
894		-	by the secretary of finance and administration pursuant to
895		-	vouchers signed by the secretary of environment or the
896		-	secretary's designee."
	938	+	recycling programs, and one-third of budgeted grant money in
	939	+	each fiscal year shall be allocated to abatement of illegal
	940	+	dumping and recycling of other solid wastes. ]"
	941	+	SECTION 14. Section 74-13-19 NMSA 1978 (being Laws 2005,
	942	+	Chapter 171, Section 19) is amended to read:
	943	+	"74-13-19. RECYCLING AND ILLEGAL DUMPING FUND CREATED.--
	944	+	The "recycling and illegal dumping fund" is created in the
	945	+	state treasury. Fees and penalties collected pursuant to the
	946	+	Recycling, Circular Economy and Illegal Dumping Act shall be
	947	+	deposited into the fund. Money in the fund is appropriated to
	948	+	the department for [abatement of illegal dumpsites; for
	949	+	processing, transportation or recycling of all recyclable
	950	+	materials and scrap tires; for providing funds to public
	951	+	landfills in New Mexico to offset the cost of collecting or
	952	+	recycling of tires; and for ] carrying out the provisions of the
	953	+	Recycling, Circular Economy and Illegal Dumping Act. Any
	954	+	unexpended or unencumbered balance or income earned from the
	955	+	money in the recycling and illegal dumping fund remaining at
	956	+	the end of a fiscal year shall not revert to the general fund.
	957	+	Disbursements from the fund shall be by warrant drawn by the
	958	+	secretary of finance and administration pursuant to vouchers
	959	+	signed by the secretary of environment or the secretary's
	960	+	designee."
	961	+	- 18 -
	962	+	.229892.3SA