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Home » US Law » 2021 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 […]

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. […]

Section 12-12-3 – Energy supply alert; energy emergency; powers of the governor.

A. The governor, after making written findings of the grounds upon which he bases his decision, may issue a declaration that an energy supply alert exists. The governor shall publish his declaration and the findings upon which it is based along with any orders issued pursuant to the declared alert. After declaring that the state […]

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. […]

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.

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 […]

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. […]

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 […]

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.