Chapter 12 — Chapter 12

A. The "interoperability planning commission" is created and administratively attached to the department. B. The interoperability planning commission is a permanent advisory commission created to advise and support the department on emergency response and homeland security activi…

The interoperability planning commission shall advise the department on: A. the development and coordination of a statewide interoperable emergency communications plan in compliance with national incident management system guidelines, including an integrated public safety radio c…

The department shall: A. establish, implement and administer a statewide interoperable emergency communications plan and standards for a statewide integrated public safety radio communications system; B. train representatives of entities in the state that are involved in emergenc…

All state and local agency budgets and plans to purchase infrastructure equipment shall conform to the interoperability standards developed by the department. History: Laws 2009, ch. 111, § 6.

This act [12-11-1 to 12-11-10 NMSA 1978] may be cited as the "Disaster Succession Act." History: 1953 Comp., § 4-18-1, enacted by Laws 1959, ch. 137, § 1.

Each appointing power, designating disaster successors for state officers shall file the designations and any changes thereto with the secretary of state. Each appointing power designating disaster successors for district, county, municipal or precinct or other local offices shal…

This act [12-11-11 to 12-11-18 NMSA 1978] may be cited as the "Legislative Disaster Succession Act." History: 1953 Comp., § 4-19-1, enacted by Laws 1959, ch. 138, § 1.

The legislature declares that the possibility of an enemy attack of unprecedented destructiveness made possible by recent technological developments, and which may result in the death or inability to act on the part of a large number of the membership of the legislature make [mak…

As used in the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978]: A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States; B. "disaster" means the damage or inju…

The county commission of each county shall designate five disaster successors for each legislator elected or appointed from that county, and specify their order of succession. The commission shall have the power to change designations at will. The designation of disaster successo…

The county commission shall file with the secretary of state and the county clerk, its designations of disaster successors for legislators, and any subsequent changes, and shall notify the designees of their designation and the order and designation of all alternates to the offic…

Disaster successors shall take such oath as is required by law prior to assumption of the duties and powers of the position, and serve as legislators subject to the provisions of the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978]. History: 1953 Comp., § 4-19…

During the period of a disaster emergency, the quorum requirements for convening the legislature shall be one-third of the members, and all special or regular majorities shall be based on members present. Provided further that legislative action taken without the requisite member…

Disaster successors may act as members of the legislature only: A. in case of a disaster emergency declared by the chief executive officer of the United States and the chief executive officer of the state, and as long as a state of martial law is declared to exist, or until a dul…

This act [12-11-19 to 12-11-22 NMSA 1978] may be cited as the "Disaster Location Act." History: 1953 Comp., § 4-21-1, enacted by Laws 1961, ch. 19, § 1.

The legislature declares that the possibility of an enemy attack of unprecedented destructiveness made possible by recent technological developments, and which may result in the death or inabiilty [inability] to act on the part of a large number of the officers of the executive a…

As used in this act [12-11-19 to 12-11-22 NMSA 1978]: A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States; and B. "disaster" means the damage or injury, caused by enemy attack,…

A. Whenever a disaster makes it imprudent or impossible to conduct the affairs of state government at its seat in Santa Fe, the governor may proclaim temporary disaster locations for the seat of state government at any place he deems advisable, either inside or outside of the sta…

A. Whenever a disaster makes it imprudent or impossible to conduct the affairs of any local government at its regular location, the governing body may meet at any place, inside or outside the limits of the political subdivision, at the call of the presiding officer or any two mem…

Because of the existing possibility of the occurrence of disasters resulting from drouth [drought], fire, flood, earthquake or other causes, and in order to insure [ensure] that preparation of this state will be adequate to deal with such disasters, and generally to protect the p…

For the purposes set out in Section 6-7-1 NMSA 1978, when and if the governor shall declare an emergency, as provided in Section 6-7-3 NMSA 1978, there is appropriated the sum of seven hundred fifty thousand dollars ($750,000) for each eligible and qualified applicant or so much …

The money appropriated by Sections 6-7-1 and 6-7-2 NMSA 1978 shall be expended for disaster relief for any disaster declared by the governor to be of such magnitude as to be beyond local control and requiring the resources of the state. The funds shall be expended by the governor…

As used in the Disaster Succession Act [12-11-1 to 12-11-10 NMSA 1978]: A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States; B. "disaster" means damage or injury, caused by ene…

If the governor and all of his constitutional successors are unavailable, the holders of the following offices shall be the disaster successors in the order named: A. the attorney general; B. the state auditor; C. the commissioner of public lands; D. the state treasurer. History:…

The governor shall, pursuant to his constitutional powers to appoint officers, whose appointment is not otherwise provided for, designate three disaster successors to each state executive office and specify their order of succession. History: 1953 Comp., § 4-18-5, enacted by Laws…

Officers of political subdivisions who have authority to fill vacancies in local offices shall designate three disaster successors to the powers and duties of each such office and specify their order of succession. History: 1953 Comp., § 4-18-6, enacted by Laws 1959, ch. 137, § 6…

judges of district courts.] The governor shall designate for each member of the supreme court and each judge of the district court three disaster successors and specify their order of succession. History: 1953 Comp., § 4-18-7, enacted by Laws 1959, ch. 137, § 7.

Disaster successors shall prior to assumption of the duties and powers of the position take such oath as is required by law, and shall as soon as possible thereafter comply with any other provision of law relative to the formalities of taking office, provided that their inability…

Disaster successors may act in the office to which appointed only: A. in case of a disaster declared by the chief executive officer of the United States, and the chief executive officer of the state, and as long as a state of martial law is declared to exist or until a duly elect…

This act [12-12-1 to 12-12-9 NMSA 1978] may be cited as the "Energy Emergency Powers Act." History: Laws 1980, ch. 107, § 1.

This act [12-12-10 to 12-12-16 NMSA 1978] may be cited as the "Emergency Petroleum Products Supply Act." History: 1953 Comp., § 65-10-1, enacted by Laws 1974, ch. 22, § 1; 1978 Comp., § 70- 8-1, recompiled as § 12-12-10 by Laws 2005, ch. 22, § 4.

The legislature hereby determines that: A. shortages of petroleum products caused by discontinuance or significant reductions of normal and customary availability in New Mexico of petroleum supplies create severe economic dislocations and hardships, including loss of jobs, closin…

As used in the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978]: A. "petroleum products" means gasoline, aviation gasoline, kerosene, diesel fuels, heating oils, propane, butane and all other liquefied petroleum gases other than natural gasoline; B. "suppl…

Any supplier who commences business or continues to do business in New Mexico for a period of thirty days after the effective date of the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978] is deemed to have consented to all the terms of the Emergency Petrole…

Except in case of failure by any New Mexico distributor to substantially comply with the requirements imposed upon him by a contract or agreement with the supplier or except as first authorized by an agency of the federal government responsible for regulating allocations of petro…

A supplier is authorized to reduce or discontinue monthly allocations of petroleum products with any New Mexico distributor if the supplier: A. furnishes the distributor with an alternative source of monthly allocations of petroleum products of equal type, grade, quantity and equ…

Whenever the attorney general of New Mexico, after complaint has been filed by any person alleging injury hereunder or upon his own initiative after investigation made, believes any supplier has violated, or is knowingly in violation of, the provisions of the Emergency Petroleum …

Sections 12-12-17 through 12-12-30 NMSA 1978 may be cited as the "Hazardous Materials Emergency Response Act". History: 1978 Comp., § 74-4B-1, enacted by Laws 1983, ch. 80, § 1; 1984, ch. 41, § 1; recompiled as § 12-12-17 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 25.

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…

As used in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12- 30 NMSA 1978]: A. "accident" means an event involving hazardous materials that may cause injury to persons or damage to property or release hazardous materials to the environment; B. "administrator" mea…

As used in the Energy Emergency Powers Act [12-12-1 to 12-12-9 NMSA 1978]: A. "energy emergency" means an existing or imminent domestic, regional or national shortage of energy resources which may result in the curtailment of essential services or production of essential goods or…

immunity from liability; cooperative agreements; private property. 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 stat…

notification; cooperation of other state agencies and local governments. A. The state director, in addition to having final authority to administer the provisions of the Hazardous Materials Emergency Response Act, shall be responsible for central coordination and communication in…

History: 1978 Comp., § 74-4B-6, enacted by Laws 1983, ch. 80, § 6; 1984, ch. 41, § 5; 1986, ch. 62, § 4; 1987, ch. 268, § 41; 1989, ch. 149, § 13; recompiled as § 12-12-22 by Laws 2005, ch. 22, § 4; repealed by Laws 2007, ch. 291, § 36.

created; duties. The position of "hazardous materials emergency response administrator" is created within the homeland security and emergency management department. The state director shall assign the administrator's duties. History: 1978 Comp., § 74-4B-6.1, enacted by Laws 1984,…

Each responsible state agency shall designate one person who is knowledgeable in the area of hazardous materials accident response, as it applies to the functions of that agency, to be its training officer. It is the duty of the training officer to teach the appropriate personnel…

A. There is created the "hazardous materials safety board", composed of the training officers of the responsible state agencies. The chairman of the board shall be elected by the members of the board. B. The board shall, at the direction of the state emergency response commission…

After any hazardous materials accident which required the presence of an emergency management team, including a local government team pursuant to a cooperative agreement, the board shall meet to review the performance of the team and to establish the probable cause of the acciden…

Nothing in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978] shall be construed to relieve hazardous materials owners, shippers or carriers of their responsibilities and liability in the event of an accident. Such persons shall assist the state as re…

A. Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened release of hazardous materials, or in preventing, cleaning up or disposing or attempting to prevent,…