A. The "Carlsbad brine well remediation authority" is created and is administratively attached to the energy, minerals and natural resources department.
B. The membership of the board of directors of the authority shall consist of the following eight members:
(1) the secretary of energy, minerals and natural resources or the secretary's designee, who shall serve as chair of the board;
(2) the chair of the Eddy county board of county commissioners or the chair's designee;
(3) the mayor of the city of Carlsbad or the mayor's designee;
(4) the secretary of environment or the secretary's designee;
(5) the secretary of transportation or the secretary's designee;
(6) the manager of the Carlsbad irrigation district or the manager's designee;
(7) the state engineer or the state engineer's designee; and
(8) the attorney general or the attorney general's designee.
C. The authority shall set policy and regulate, supervise and administer the remediation of the Carlsbad brine well.
D. The authority may:
(1) promulgate rules to carry out the provisions of this section;
(2) make and execute all contracts and other instruments;
(3) contract with the municipality or county in fulfillment of its duties; and
(4) acquire, maintain or contract for property.
E. On or before November 15 of each year, the authority shall report to the radioactive and hazardous materials interim committee and the legislative finance committee on the status of the remediation of the Carlsbad brine well and expenditures from the Carlsbad brine well remediation fund.
F. Nothing in this section shall be construed as a waiver or alteration of the immunity from liability granted pursuant to 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.
G. For the purposes of this section:
(1) "authority" means the Carlsbad brine well remediation authority; and
(2) "Carlsbad brine well" means the brine well located at SW/4 of the SW/4 in Section 17, Township 22 South, Range 27 East, NMPM; Eddy County, New Mexico.
History: Laws 2017, ch. 11, § 1; 2017, ch. 118, § 1; 2018, ch. 26, § 1.
Delayed repeals. — For delayed repeal of this section, see 75-11-3 NMSA 1978.
The 2018 amendment, effective February 28, 2018, amended the powers and duties of the Carlsbad Brine Well Remediation Authority (Authority), administratively attached the Authority to the energy, minerals and natural resources department (EMNRD), replaced the mayor of the city of Carlsbad with the EMNRD secretary as the chair of the Authority, required the Authority to report annually to the radioactive and hazardous materials interim committee and the legislative finance committee on the status of the remediation of the Carlsbad brine well and expenditures from the Carlsbad brine well remediation fund, and defined "authority" and "Carlsbad brine well" for purposes of this section; in the catchline, deleted "administration of the carlsbad brine well remediation" and added "powers and duties"; in Subsection A, after "remediation", deleted "advisory", after "created", deleted "The authority is a governmental entity of the state" and added "and is administratively attached to the energy, minerals and natural resources department."; added new subsection heading "B." and redesignated former Subsection B as Subsection C; in Paragraphs B(1) and B(3), deleted "mayor of the city of Carlsbad or the mayor's" and added "secretary of energy, minerals and natural resources or the secretary's"; in Subsection C, after "The", deleted "advisory", after "authority", deleted the colon and the paragraph designation "(1)", after "shall", deleted "recommend policy for and advise the oil conservation division of the energy, minerals and natural resources department on the" and added "set policy and regulate, supervise and administer the", and after "Carlsbad brine well", deleted the remainder of the subsection, which provided the location of the Carlsbad brine well and granted certain powers to the advisory authority; added new Subsections D and E, and redesignated former Subsection C as Subsection F; and added Subsection G.