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 assist the state in its management of the accident.

C. Nothing in the Hazardous Materials Emergency Response Act shall be construed as a waiver or alteration of the immunity from liability granted under the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] or as a waiver of any other immunity or privilege under law.

D. The state, through the state director or state director's designee, may enter into cooperative agreements with county and municipal governments for the management of accidents based on the severity of the accident and the resources of the local government. The plan shall set forth the criteria for determining when an accident may be managed by the local government in whose jurisdiction the accident occurred.

E. The state director shall support emergency response capabilities by assisting local and state responders in the acquisition of equipment, training and hazardous materials information.

F. The state, through the state director or state director's designee, may enter into cooperative agreements with the federal government, Indian tribes and pueblos and bordering states for assistance in the management of accidents.

G. Whenever an accident appears imminent or has occurred, employees or authorized persons of responsible state agencies as defined in Section 12-12-21 NMSA 1978 are authorized to enter upon any premises for the purpose of determining whether it is necessary for emergency management procedures to be implemented. The state on-scene coordinator or a responsible state agency may take full control and custody of the premises for the purpose of managing the accident.

History: 1978 Comp., § 74-4B-4, enacted by Laws 1983, ch. 80, § 4; 1984, ch. 41, § 3; 1986, ch. 62, § 2; 1989, ch. 149, § 11; 1996, ch. 37, § 9; recompiled as § 12-12-20 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 28.

Recompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-4 NMSA 1978 as 12-12-20 NMSA 1978, effective July 1, 2005.

The 2007 amendment, effective July 1, 2007, changed references from the "Emergency Management Act" to the "Hazardous Materials Emergency Response Act".

The 1996 amendment, effective July 1, 1996, added Subsection E, redesignated the remaining subsections, and, in Subsection G, deleted "buildings or" preceding "premises" in the first sentence and substituted "the premises" for "such building and premises" in the second sentence.

Am. Jur. 2d, A.L.R. and C.J.S. references. — State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 U.S.C.S. § 1801 et seq.), 78 A.L.R. Fed. 289.