2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 12 - Hazardous Materials Emergency Response
Section 12-12-21 - State police emergency response officer; procedure for 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 the event of an accident.
B. The chief shall designate one or more persons to be known as "state police emergency response officers". A state police emergency response officer shall be trained in accident evaluation and emergency response and shall be available to answer an emergency response call from the first responder.
C. In the event of an accident, if the first responder is a law enforcement officer, the officer shall immediately notify the state police district emergency response officer in the officer's area, who shall in turn immediately notify the state police emergency response center. If the first responder is a person with radio capability tied into radio communications protocol or reporting structure with the department of information technology, the person shall immediately notify Santa Fe control, who shall in turn immediately notify the state police emergency response center. The state police emergency response center shall:
(1) evaluate and determine the scope of the accident based on information provided by the first responder;
(2) instruct the first responder on how to proceed at the accident scene;
(3) immediately notify the state director and the appropriate responsible state agency and advise it of the necessary response;
(4) notify the sheriff or chief of police in whose jurisdiction the accident occurred; and
(5) coordinate field communications and summon additional resources requested by the emergency management team.
D. The responsible state agencies shall be:
(1) the New Mexico state police division of the department of public safety for coordination, law enforcement and traffic and crowd control;
(2) the department of environment for assistance with accidents involving hazardous materials or hazardous substances;
(3) the state fire marshal's office for assistance with any accident involving hazardous materials;
(4) the injury prevention and emergency medical services bureau of the public health division of the department of health for assistance with accidents involving casualties;
(5) the homeland security and emergency management department and the department of military affairs for assistance with accidents that require the evacuation of the vicinity of the accident or the use of the national guard of New Mexico; and
(6) the department of transportation for assistance with road closures, designating alternate routes and related services.
E. Other state agencies and local governments shall assist the responsible state agencies when requested to do so.
F. Any driver of a vehicle carrying hazardous materials involved in an accident that may cause injury to persons or property or any owner, shipper or carrier of hazardous materials involved in an accident who has knowledge of such accident or any owner or person in charge of any building, premises or facility where such an accident occurs shall immediately notify the New Mexico state police division of the department of public safety by the quickest means of communication available.
History: 1978 Comp., § 74-4B-5, enacted by Laws 1983, ch. 80, § 5; 1984, ch. 41, § 4; 1986, ch. 62, § 3; 1989, ch. 149, § 12; recompiled as § 12-12-21 by Laws 2005, ch. 22, § 4; 2007, ch. 290, § 11; 2007, ch. 291, § 29.
Recompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-5 NMSA 1978 as 12-12-21 NMSA 1978, effective July 1, 2005.
Cross references. — For the environmental improvement division, see 9-7A-4 NMSA 1978.
For the state fire marshal's office, see 59A-52-1 NMSA 1978.
2007 Multiple Amendments. — Laws 2007, ch. 290, § 11 and Laws 2007, ch. 291, § 29 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2007, ch. 291, § 29, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2007, ch. 68, § 2 and Laws 2007, ch. 69, § 6 are described below. To view the session laws in their entirety, see the 2007 session laws on NMOneSource.com.
Laws 2007, ch. 291, § 29, effective July 1, 2007, changed "secretary" to "state director" and "Emergency Management Act" to "Hazardous Materials Emergency Response Act".
Laws 2007, ch. 290, § 11, effective July 1, 2007, required a first responder with radio capability tied into the radio communications protocol or reporting structure with the department of information technology to notify Santa Fe control in the event of an accident.
Reporting of train accidents involving hazardous cargo. — A state corporation commission (now public regulation commission) rule requiring telephonic reporting to the state police of train accidents involving hazardous cargo was not in conflict with this article, nor was it inconsistent with federal regulations promulgated under the federal Hazardous Materials Transportation Act. Southern Pac. Transp. Co. v. Corp. Comm'n, 1986-NMSC-091, 105 N.M. 145, 730 P.2d 448.
Actions of officer upheld. — Actions of state police emergency officer and state police emergency response center were not violative of this section. Caillouette v. Hercules, Inc., 1992-NMCA-008, 113 N.M. 492, 827 P.2d 1306, cert. denied, 113 N.M. 352, 826 P.2d 573.