A. The department shall:

(1) serve as the coordinating agency between various industry and business organizations seeking to aid in the anti-litter effort;

(2) cooperate with all local governments to accomplish coordination of local anti-litter efforts;

(3) encourage voluntary local anti-litter campaigns seeking to focus the attention of the public on programs to control and remove litter;

(4) encourage voluntary recycling programs and aid in identifying programs and available markets for recycled materials;

(5) apply for funds available from any other source for use in the administration of the Litter Control and Beautification Act;

(6) adopt rules to enter into contracts for making either direct or matching grants with other state agencies, cities or counties or with an Indian nation, tribe or pueblo government for the purpose of promoting local keep America beautiful system programs; and

(7) aid in the adoption and enforcement of model anti-litter statutes and ordinances and improve state and local litter control programs.

B. The department shall also allocate funds appropriated to it from the litter control and beautification fund according to the following formula:

(1) no more than fifteen percent of the fees received in a year for operating expenses directly related to the administration of the committee, including:

(a) research, development and implementation of a statewide evaluation system;

(b) professional services provided to the state by representatives of keep America beautiful, incorporated; and

(c) the promotion of and encouragement of private recycling efforts for all recyclable items;

(2) no more than twenty percent of the fees received in a year to purchase litter bags and receptacles and to conduct a public awareness and media campaign to include brochures, literature and educational materials, production of public service announcements and other expenses relating to public relations;

(3) no more than fifty percent of the fees received in a year to local governments to establish and help continue local keep America beautiful system programs;

(4) no more than sixty percent of the fees received in a year to local governments to establish a summer youth employment program to aid in litter control and beautification projects; and

(5) no more than ten percent of fees received in a year to keep New Mexico beautiful, incorporated to further beautification and educational programs.

History: Laws 1985, ch. 23, § 12; 1989, ch. 10, § 6; 1993, ch. 275, § 2; 2001, ch. 140, § 5; 2017, ch. 30, § 5.

The 2017 amendment, effective July 1, 2017, in Subsection B, Paragraph B(1), replaced "council" with "committee".

The 2001 amendment, effective April 2, 2001, substituted "appropriated to it from the litter control and beautification fund" for "generated by the Litter Control and Beautification Act in Subsection B".

The 1993 amendment, effective June 18, 1993, substituted "cities, counties or Indian nation, tribe or pueblo government" for "cities or counties" in Subsection A(6).

The 1989 amendment, effective June 16, 1989, substituted "system programs" for "systems program" in Subsection A(6); redesignated former Subsection A(8) as present Subsection B, made minor stylistic changes in the introductory paragraphs of Subsection B, substituted all of the language of Subsection B(1) beginning with "operating expenses" for "associated operating expenses", added all of the language of Subsection B(2) following "receptacles", inserted "system" in Subsection B(3), in Subsection B(4) substituted "sixty" for "fifty" and inserted "and beautification", and inserted "incorporated" in Subsection B(5).