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HB 259: RECOVER DAMAGES FOR NATURAL RESOURCE INJURIES

An Act Relating To The Environment; Amending, Repealing And Enacting Sections Of The Natural Resources Trustee Act; Providing For Actions To Recover Damages For Injury To Natural Resources; Providing For The Promulgation Of Rules; Providing Limitations.

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MOD HB 259
RECOVER DAMAGES FOR NATURAL RESOURCE INJURIES

Legislative URL:
HB 259 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[7] HENRC/HJC-HENRC API.
Issue(s):
,

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report
Summary

This bill adds new sections to and amends the Natural Resources Trustee Act to allow for legal actions by the State’s Natural Resources Trustee to recover damages for injury to the State’s natural resources. The new sections of law, in part, provide that:

 

  • The Legislature makes several findings, with one noting that the release of injurious substances into the State’s environment is a threat to the State’s natural resources and its people and another finding that the State should recover damages for injury to its natural resources.
  • The terms “facility,” “natural resources” and “restoration” are defined as set forth.
  • That if a facility releases an “injurious” substance into the environment, intentionally or unintentionally, certain “persons” will be jointly and severally liable to the State for all damages resulting from the release, including current and past owners and operators, and others, and that the Trustee may bring a suit against those persons for damages.
  • That damages include those for injury to natural resources, interim losses and the reasonable costs of assessing the injury.
  • That before filing suit, the Trustee must “conduct a cooperative assessment of the nature and extent of the damages” and of methods to achieve resolution and then upon filing certify that the effort has not succeeded.
  • That venue for any such lawsuit will be the Santa Fe District Court or the district court in which the damages occurred; that double recovery is prohibited; that claims must be brought before the later of three years after the Trustee becomes aware of the release or January 1, 2016.
  • That the Trustee may adopt rules and sets forth the procedure for such adoption.

 

The bill also amends current law to allow the Trustee to designate by rule certain substances as “injurious substances,” including, among others, air or water contaminants, hazardous wastes or chemicals, toxic solid wastes or those that are health hazards or hydrocarbons.

The bill expands the Trustee’s authority with respect to the Natural Resource Trustee’s Fund so that the Trustee may use it to take restorative action outside the damaged area if the Trustee determines that action within the damaged area would not be feasible or effective.

This bill appears to be a positive step towards holding polluters accountable for the damages they may cause.

Outcome: HB 259 died in the House Energy and Natural Resources Committee.

Date of Summary:  1/28/13; Update 5/17/13