reglab/housing_qa huggingface dataset:
NM Stat § 74-1-5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-5 - Environmental improvement board; duties.

The board shall promulgate all regulations applying to persons and entities outside of the department. History: 1953 Comp., § 12-19-6, enacted by Laws 1971, ch. 277, § 6; recompiled as 1953 Comp., § 12-12-6 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 3; 1997, ch. 139, § 5. ANNOTATIONSCross references. — For definition of "department", see 74-1-3 NMSA 1978. The 1997 amendment, effective June 20, 1997, substituted "department" for "agency". Board's duty to prepare regulations. — The environmental improvement board has a duty to have the regulations prepared by a staff of its own. It has no right to delegate this authority to one who is an "interested person" at a public hearing. Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd., 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087. Power to regulate environment. — The Environmental Improvement Act grants the department and its environmental improvement board the power to regulate the environment on behalf of the citizens of New Mexico. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc., 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 4. 39A C.J.S. Health and Environment §§ 137, 138.
NM Stat § 74-1-7.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-7.1 - Green zia program; business sensitive information confidential.

A. The department may develop and administer a pollution prevention program to be known as the "green zia program". The department may enter into contracts with the federal government, promulgate rules and take other actions appropriate and necessary to produce an efficient and effective program. B. Information provided to the department in accordance with the green zia program may be subject to confidentiality if the person furnishing the information demonstrates to the department that the information would divulge confidential methods or processes entitled to protection as trade secrets. If the department determines that the information is subject to confidentiality, the secretary shall promulgate a determination of confidentiality with an order of confidentiality. Confidential information may be disclosed to employees or authorized representatives of the department, but they shall not disclose the information to any other person. C. A person who violates an order of confidentiality by disclosing confidential information pursuant to this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) per violation or by imprisonment for a definite term of one year or both. History: Laws 2001, ch. 93, § 1. ANNOTATIONSEffective dates. — Laws 2001, ch. 93 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 74-1-8.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-8.1 - Legal advice.

A. In the exercise of any of its powers or duties, the board shall act with independent legal advice. The manner in which such advice is provided shall be determined by the board, but from among one of the following: (1) the office of the attorney general; (2) independent counsel hired by the board, whether full- or part-time; or (3) another state agency whose function is sufficiently distinct from the department of environment to assure independent, impartial advice. B. Notwithstanding the provisions of Subsection A of this section, attorneys from the department may act for the board in lawsuits filed against or on behalf of the board, and the attorney general may, at the request of the board, file and defend lawsuits on behalf of the board. History: 1978 Comp., § 74-1-8.1, enacted by Laws 1982, ch. 73, § 23; 1991, ch. 25, § 31; 1997, ch. 139, § 9. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, substituted "department" for "agency" in Subsection B. The 1991 amendment, effective March 29, 1991, in Subsection A, substituted "department of environment" for "health and environment department" in Paragraph (3) and made a minor stylistic change in the second sentence.
NM Stat § 74-1-8.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-8.2 - Recompiled.

ANNOTATIONSRecompilations. — Laws 1993, ch. 291, § 18 recompiled former 74-1-8.2 NMSA 1978, as enacted by Laws 1982, ch. 73, § 28, as 74-6-3.1 NMSA 1978, effective June 18, 1993.
NM Stat § 74-1-8.3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-8.3 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 203, § 6 repealed 74-1-8.3 NMSA 1978, as enacted by Laws 1993, ch. 100, § 6, relating to the water supply fund, effective April 6, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 16-1-2 NMSA 1978.
NM Stat § 74-1-10.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-10.1 - False statements to the department; penalties.

A. It is unlawful for an owner or operator of a public water system subject to the Environmental Improvement Act and applicable rules or an owner's or operator's agent to: (1) knowingly make a false statement, representation, certification or omission of fact material to the protection of public health as related to a public water system in an application, record, report, plan or other document filed with or submitted to the department, or required by rule to be maintained by an owner or operator of a public water system; (2) knowingly falsify, tamper with or render inaccurate any device, method or record to be relied upon by the department to monitor or track information related to a public water system; (3) knowingly falsify or conceal a fact material to the protection of public health as related to a public water system; or (4) make or use a document with the knowledge that the document contains false statements or representations material to the protection of public health as related to a public water system. B. A person who violates or knowingly causes or allows another person to violate Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. History: Laws 2018, ch. 24, § 1. ANNOTATIONSEffective dates. — Laws 2018, ch. 24 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
NM Stat § 74-1-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-11 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 223, § 4 repealed 74-1-11 NMSA 1978, as enacted by Laws 1989, ch. 223, § 3, relating to creation of the water supply fund, effective July 1, 1992.
NM Stat § 74-1-12 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-12 - Compliance with the federal Safe Drinking Water Act; purpose.

The purpose of this section and Section 74-1-13 NMSA 1978 is to provide: A. an incentive for conservation of water, the state's most precious resource; and B. funding for certain locations in the state to comply with the federal Safe Drinking Water Act in which the United States congress mandated that the United States environmental protection agency establish drinking water standards for contaminants, require filtration and disinfection for all public water supply systems, increase enforcement authority, establish public notification requirements, implement a lead ban and implement a capacity development program for existing and newly created water systems. History: Laws 1993, ch. 317, § 1; 1999, ch. 203, § 4. ANNOTATIONSCross references. — For the Drinking Water State Revolving Loan Fund Act, see Chapter 6, Article 21A NMSA 1978. For the federal Safe Drinking Water Act, see 21 U.S.C. § 349 and 42 U.S.C. § 300f et seq. The 1999 amendment, effective April 6, 1999, substituted "this section and Section 74-1-13 NMSA" for "this act" in the introductory language, and in Subsection B, deleted "eighty-three" preceding "contaminants" and substituted "implement a capacity development program for existing and newly created water systems" for "add drinking water standards for twenty-five contaminants every three years".
NM Stat § 74-1-13.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-13.1 - Nontransient noncommunity public water systems; definition; testing and notice requirements.

A. The department of environment shall test nontransient noncommunity water systems for arsenic, fluoride and radionuclides and adopt rules for reporting and public notification for those contaminants comparable to reporting and notification requirements for community water systems. Money in the water conservation fund may be used to fulfill the requirements of this subsection. B. As used in this section: (1) "community water system" means a public water system that serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents; and (2) "nontransient noncommunity water system" means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year including but not limited to schools and factories. History: Laws 2001, ch. 148, § 1. ANNOTATIONSEffective dates. — Laws 2001, ch. 148 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 74-1-14 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-14 - County or municipal authority regarding on-site liquid waste system.

Nothing in Chapter 74, Article 1 NMSA 1978 limits or is intended to limit the authority of any county or municipality to adopt and enforce requirements related to on-site liquid waste systems that are at least as stringent as those in that article; provided, however, that the county or municipality has, on staff or under contract, either a registered professional engineer with education or experience in sanitary engineering or a class II wastewater operator certified by the state of New Mexico. History: Laws 1997, ch. 139, § 11.
NM Stat § 74-1-15 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-15 - Repealed.

History: Laws 2000, ch. 96, § 3; 2009, ch. 203, § 2; repealed by Laws 2020, ch. 32, § 8. ANNOTATIONSRepeals. — Laws 2020, ch. 32, § 8 repealed 74-1-15 NMSA 1978, as enacted by Laws 2000, ch. 96, § 3, relating to liquid waste fund created, effective May 20, 2020. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 74-1-15.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-15.2 - Environmental health fund; created.

A. The "environmental health fund" is created in the state treasury. The fund consists of fees collected from the regulation of on-site liquid waste systems and water recreation facilities pursuant to the Environmental Improvement Act, food establishments pursuant to the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978] and hemp pursuant to the Hemp Manufacturing Act [Chapter 76, Article 24 NMSA 1978]. Money in the fund is subject to appropriation by the legislature to the department for the administration of regulations pertaining to liquid waste, water recreation facilities, food service sanitation and hemp. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary of environment's designee. Any unexpended or unencumbered balance in the environmental health fund remaining at the end of any fiscal year shall not revert to the general fund.B. Up to two hundred thousand dollars ($200,000) from unexpended and unencumbered money in the environmental health fund may be transferred to the liquid waste disposal system assistance fund on an annual basis.History: Laws 2020, ch. 32, § 1. ANNOTATIONSEffective dates. — Laws 2020, ch. 32 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.Temporary provisions. — Laws 2020, ch. 32, § 7 provided that on May 20, 2020, unexpended and unencumbered balances in the food service sanitation fund, the liquid waste fund and the water recreation facilities fund shall be transferred to the environmental health fund.
NM Stat § 74-1-16 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-16 - Water recreation facilities; fee imposition.

The board may assess an annual fee not to exceed one hundred fifty dollars ($150) on the owner or operator of a public swimming pool, public spa or other public water recreation facility to defray the cost of administering and enforcing rules adopted in accordance with the Environmental Improvement Act pertaining to public water recreation facilities. The fee shall be based on the size of the public water recreation facility. Fees collected pursuant to this section shall be deposited in the environmental health fund. History: Laws 2003, ch. 335, § 1; 2020, ch. 32, § 5. ANNOTATIONSThe 2020 amendment, effective May 20, 2020, removed provisions creating the water recreation facilities fund, and provided that fees collected from public water recreation facilities pursuant to this section shall be deposited in the environmental health fund; and deleted former Subsection A and subsection designation "B."; before "board", deleted "environmental improvement", and added the last sentence.Temporary provisions. — Laws 2020, ch. 32, § 7 provided that on May 20, 2020, unexpended and unencumbered balances in the food service sanitation fund, the liquid waste fund and the water recreation facilities fund shall be transferred to the environmental health fund.
NM Stat § 74-1-17 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-17 - Nuclear workers assistance fund created.

The "nuclear workers assistance fund" is created in the state treasury. The fund shall consist of money earned from investment of the fund and otherwise accruing to the fund and up to one-half of one percent of any award for an initial claim, including a claim for medical benefits, filed by the department on behalf of the claimants with the federal office of workers' compensation program, under the federal Energy Employees Occupational Illness Compensation Program Act of 2000, 42 USC 7384 et seq., or up to five percent of any award after the department files objections to a recommended decision denying an award, which shall be transmitted to the state treasurer for credit to the nuclear workers assistance fund. Balances remaining in the fund at the end of a fiscal year shall remain in the fund and shall not revert to the general fund. The department shall administer the fund, and money in the fund is appropriated to the department for the purpose of the administration of a program to assist nuclear workers seeking claims under the federal Energy Employees Occupational Illness Compensation Program Act of 2000, 42 USC 7384 et seq. Money from the fund may be drawn on warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary of environment's designee. History: Laws 2010, ch. 50, § 1. ANNOTATIONSEmergency clauses. — Laws 2010, ch. 50, § 2 contained an emergency clause and was approved March 8, 2010.
NM Stat § 74-2-5.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-5.2 - State air pollution control agency; specific duties and powers of the department.

The department is the state air pollution control agency for all purposes under federal legislation relating to air pollution. The department shall: A. take all action necessary to secure for the state and its political subdivisions the benefits of federal legislation; B. advise, consult, contract with and cooperate with local authorities, other states, the federal government and other interested persons or groups in regard to matters of common interest in the field of air quality control and initiate cooperative action between a local authority and the department, between one local authority and another or among any combination of local authorities and the department for control of air pollution in areas having related air pollution problems that overlap the boundaries of political subdivisions; and C. enter into agreements and compacts with adjoining states and Indian tribes, where appropriate. History: 1978 Comp., § 74-2-5.2, enacted by Laws 1992, ch. 20, § 6. ANNOTATIONSRepeals and reenactments. — Laws 1992, ch. 20, § 6 repealed former 74-2-5.2 NMSA 1978, as enacted by Laws 1990, ch. 99, § 67, relating to solid waste incinerator regulations, and enacted the above section, effective March 5, 1992.
NM Stat § 74-2-5.3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-5.3 - Repealed.

History: Laws 2009, ch. 98, § 1; repealed by Laws 2021, ch. 133, § 4. ANNOTATIONSRepeals. — Laws 2021, ch. 133, § 4 repealed 74-2-5.3 NMSA 1978, as enacted by Laws 2009, ch. 98, § 1, relating to duties and powers of environmental improvement board and local board for attainment and maintenance of national ambient air quality standards for ozone, effective July 1, 2021. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 74-2-7.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-7.1 - Local governing body authority; construction permits; electric generation facilities.

A. A local governing body may receive a construction permit for a gas-fired electric generation facility with a one hundred megawatt or less generating capacity in accordance with the Air Quality Control Act and may transfer the permit to the owner or operator of a facility that meets the specifications of the permit. B. A facility that receives a construction permit transferred from a local governing body shall notify the department within thirty days of receiving the transferred construction permit. The permit shall be effective for that facility when the department receives notification of the transfer. The local governing body that transfers the construction permit shall notify the owner or operator of the local electric distribution company and the public regulation commission of the permitted project, including its net capacity rating and intended date of service. C. As used in this section, "local governing body" means the council or other executive body charged with governing a municipality or county. D. The department may cooperate with and lend assistance to any Indian nation, tribe or pueblo located in the state in developing permitting procedures that fulfill federal environmental protection agency standards and that parallel the state permitting procedures described in Subsections A and B of this section. History: Laws 2001, ch. 318, § 1. ANNOTATIONSEffective dates. — Laws 2001, ch. 318 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 74-2-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-10 - Emergency powers of the secretary and the director.

A. Notwithstanding any other provision of the Air Quality Control Act, if the secretary or the director determines that a source or combination of sources presents an imminent and substantial endangerment to the public health or welfare or to the environment, he may bring suit in the district court for the county in which the source is located to restrain immediately any person causing or contributing to the alleged air pollution to stop the emission of air contaminants causing or contributing to such air pollution or to take such other action as may be necessary. B. If it is not practicable to assure prompt protection of the public health or welfare or the environment by commencement of a civil action, the secretary or the director may issue orders necessary to protect the public health or welfare or the environment. An order shall be effective for a period of not more than twenty-four hours, unless the secretary or the director brings a civil action before the expiration of twenty-four hours. If the secretary or the director brings an action within that time, the order shall be effective thereafter for forty-eight hours or for such longer period as may be authorized by the court pending litigation. History: 1978 Comp., § 74-2-10, enacted by Laws 1992, ch. 20, § 11. ANNOTATIONSCross references. — For definitions of "secretary" and "director," see 74-2-2 NMSA 1978. Repeals and reenactments. — Laws 1992, ch. 20, § 11 repealed former 74-2-10 NMSA 1978, as enacted by Laws 1967, ch. 277, § 9, and enacted a new section, effective March 5, 1992. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 2012, 2050.