NMSA 74-4H-3. Study and documentation; dissemination of study; study

74-4H-3. Study and documentation; dissemination of study; study contents; reporting requirements. A. The energy, minerals and natural resources department and the department of environment shall coordinate efforts to: (1) contract for a comprehensive study of the generating facility and mine to determine if there has been any environmental contamination of the lands and waters on or adjacent to the generating facility and mine, including the presence of toxic metal contaminants; and (2) develop an independent reclamation and restoration plan that addresses protecting the environment from contamination for human and ecosystem health and ground and surface water quality and prevents the migration of toxic metal contaminants and off-site pollution. B. The energy, minerals and natural resources department and the department of environment shall make the remediation and restoration study available to the public on an accessible internet website and shall summarize the results of any inspections and data analysis in an executive summary. C. No later than July 1, 2025, the energy, minerals and natural resources department and the department of environment shall provide a copy of the remediation and restoration study to the legislature and present specific measurable steps, informed by input from impacted communities, to oversee and enforce full remediation and restoration plans, including, to the extent possible, the cleanup of the generating facility and mine and prioritizing for employment workers who were previously employed at the generating facility and mine and workers residing in New Mexico. A presentation of the study shall occur at a meeting of the legislative interim committee dealing with water and natural resources and shall detail how the energy, minerals and natural resources department and the department of environment shall ensure timely environmental compliance with the owners of the generating facility and mine to protect public health and welfare. D. The energy, minerals and natural resources department and the department of environment shall provide annual updates to the legislature about the progress of remediation and restoration efforts pursuant to the San Juan Generating Station Facility and Mine Remediation and Restoration Study Act. E. To the extent allowed by applicable laws, the energy, minerals and natural resources department and the department of environment are authorized to consider the results of this study in any permitting actions related to the generating facility or mine. F. The independent restoration and remediation plan shall not be considered a rule or standard for purposes of the Water Quality Act [Chapter 74, Article 6 NMSA 1978] but shall be considered a planning document. Planning documents are not rules or standards under the Water Quality Act. G. As used in this section, "planning document" means a document that is used to guide future actions and strategies to meet water quality rules or standards. Planning documents may include remediation plans, restoration plans and total maximum daily loads. History: Laws 2023, ch. 185, § 3.