N.M. Stat. § 74-9-35.1
Legislative findings.
The legislature finds:
A. the federal environmental protection agency, effective April 9, 1994, will require
owners and operators of solid waste facilities to meet certain specified financial
assurance criteria;
B. the only exceptions allowed will be "owners or operators who are state or federal
government entities whose debts and liabilities are the debts and liabilities of a state or
the United States";
C. the federal environmental protection agency does not consider political
subdivisions of a state to be "state or federal government entities";
D. the Solid Waste Act currently exempts political subdivisions of the state from the
requirement to show financial responsibility;
E. if New Mexico fails to require financial assurance from political subdivisions of
the state, New Mexico may lose primacy over solid waste control, and political
subdivisions of the state will in any event be required in 1994 to provide a showing of
financial responsibility; and
F. it is in the best interest of the state to retain primacy in the field of solid waste
control.