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.

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.