New Mexico Statutes Chapter 74. Environmental Improvement § 74-6-5.3. Neglected and contaminated sites fund;  created

A. The “neglected and contaminated sites fund” is created as a nonreverting fund in the state treasury.  The fund consists of appropriations, gifts, grants, donations and money received by the department.  Unless otherwise required by law, money received or recovered by the state by or on behalf of the department arising from claims for enforcement actions, response actions or response costs relating to the contamination liability, including any fees, settlement funds, recovered litigation costs and any interest derived therefrom, shall be deposited in the fund.

B. The department shall administer the fund.  Money in the fund is appropriated to the department for the state to respond to, investigate and remediate water pollution and contamination in soil and soil vapor.

C. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's designee.