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.
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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, […]
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 […]
As used in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978]: A. “accident” means an event involving hazardous materials that may cause injury to persons or damage to property or release hazardous materials to the environment; B. “administrator” means the hazardous materials emergency response administrator; C. “board” means the hazardous materials safety […]
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 […]
A. The state director shall have final authority to administer the provisions of the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978]. B. As between state and local governments, the state government has the primary responsibility for the management of an accident, and the local government in whose jurisdiction the accident occurs shall […]
A. The state director, in addition to having final authority to administer the provisions of the Hazardous Materials Emergency Response Act, shall be responsible for central coordination and communication in the event of an accident. B. The chief shall designate one or more persons to be known as “state police emergency response officers”. A state […]
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. — […]
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; […]
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 […]
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 […]
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 […]
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 […]
