reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-8.2 - Recompiled.

ANNOTATIONS
Recompilations.
— 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-8.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 203, § 6 repealed 74-1-8.3 NMSA 1978, as enacted by Laws 1993, ch. 100, § 6, relating to the water supply fund, effective April 6, 1999.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.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-11 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Cross 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".
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-14.1 - Regulation of refrigerants. (Repealed effective June 16, 2033.)

The governing body of a municipality, county or other governmental entity shall allow:
A. the use of a refrigerant that is designated as an acceptable alternative or substitute for a class 1 or class 2 substance by the United States environmental protection agency; or
B. the installation or listing of equipment that contains a refrigerant designated as acceptable pursuant to Subsection A of this section and meets nationally recognized standards for the safe design, construction, installation and operation of refrigeration systems and the appropriate listing standard.
History:
Laws 2023, ch. 189, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2023, ch. 189, § 1 was not enacted as part of the Environmental Improvement Act, but was compiled there for the convenience of the user.
Delayed repeals.
— Laws 2023, ch. 189, § 2 repeals 74-1-14.1 NMSA 1978, effective June 16, 2033.
Effective dates.
— Laws 2023, ch. 189 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 50, § 2 contained an emergency clause and was approved March 8, 2010.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-11 - Confidential information.

A. Any records, reports or information obtained under the Air Quality Control Act by the department, the environmental improvement board, the local board or the local agency shall be available to the public, except that upon a satisfactory showing to the secretary, the director, the environmental improvement board, the local board or the local agency, as applicable, by any person that records, reports or information, or particular parts thereof, except emission data, to which the department, the local agency, the environmental improvement board or the local board has access under the Air Quality Control Act, if made public, would divulge confidential business records or methods or processes entitled to protection as trade secrets of that person, the secretary, the director, the environmental improvement board or the local board, as applicable, shall consider such record, report or information, or particular portion thereof, confidential in accordance with the provisions of Section 14-2-1 NMSA 1978 and 18 U.S.C. Section 1905, except that such record, report or other information may be disclosed:
(1) to other officers, employees or authorized representatives of the department, the local agency, the environmental improvement board or the local board concerned with carrying out the Air Quality Control Act;
(2) to officers, employees or authorized representatives of the United States environmental protection agency concerned with carrying out the federal act; or
(3) when relevant, in any proceeding under the Air Quality Control Act or the federal act.
B. The environmental improvement board or the local board shall adopt regulations to implement this section, including regulations specifying those business records entitled to treatment as confidential records.
History:
1978 Comp., § 74-2-11, enacted by Laws 1992, ch. 20, § 12.
ANNOTATIONS
Cross references.
— For definitions of "board" and "department",
see
74-2-2 NMSA 1978.
Repeals and reenactments.
— Laws 1992, ch. 20, § 12 repealed former 74-2-11 NMSA 1978, as enacted by Laws 1967, ch. 277, § 10, and enacted a new section, effective March 5, 1992.
Board may publish nonconfidential contaminant data.
— The environmental improvement board, subject to the confidentiality provision contained in this section, may make air contaminant emission data and other information available to the public. 1972 Op. Att'y Gen. No. 72-17.
Operator of contaminant source must demonstrate confidentiality.
— The owner or operator of an air contaminant source has the burden to establish whether records or information furnished to or obtained by the environmental improvement board or any other air quality control board are entitled to confidentiality. 1972 Op. Att'y Gen. No. 72-42.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law §§ 29 et seq.; 127.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-11.1 - Limitations on regulations.

The Air Quality Control Act does not:
A. authorize the environmental improvement board or the local board to make any regulation with respect to any condition or quality of the outdoor atmosphere if the condition or air quality level and its effect are confined entirely within the boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries;
B. grant to the environmental improvement board or the local board any jurisdiction or authority affecting the relation between employers and employees with respect to or arising out of any condition of air quality; or
C. supersede or limit the applicability of any law relating to industrial health, safety or sanitation.
History:
1978 Comp., § 74-2-11.1, enacted by Laws 1979, ch. 393, § 7; 1992, ch. 20, § 13.
ANNOTATIONS
The 1992 amendment,
effective March 5, 1992, substituted "environmental improvement board or the local board" for "board" near the beginning of Subsections A and B, and deleted "except that a source which uses a supplemental or intermittent control system for purposes of complying with a primary nonferrous smelter order may not temporarily reduce the pay of any employee by reason of the use of such supplemental or intermittent control system or other dispersion dependent control system" at the end of Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of state and local air pollution administrative rules, 74 A.L.R.4th 566.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-12.1 - Civil penalty; representation of department or local authority; limitation of actions.

A. A person who violates a provision of the Air Quality Control Act or a regulation, permit condition or emergency order adopted or issued pursuant to that act may be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000) for each day during any portion of which a violation occurs.
B. A person who fails to comply with an administrative order issued pursuant to Section 74-2-12 NMSA 1978 may be assessed, pursuant to a court order, a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.
C. In an action to enforce the provisions of the Air Quality Control Act or an ordinance, regulation, permit condition or order, adopted, imposed or issued pursuant to that act:
(1) the department shall be represented by the attorney general;
(2) a local authority that is a municipality shall be represented by the attorney of the municipality; and
(3) a local authority that is a county shall be represented by the district attorney within whose judicial district the county lies.
D. No action for civil penalty shall be commenced more than five years from the date the violation was known by the department or the local agency.
History:
1978 Comp., § 74-2-12.1, enacted by Laws 1992, ch. 20, § 15; 2001, ch. 133, § 4; 2006, ch. 61, § 2.
ANNOTATIONS
The 2006 amendment,
effective May 17, 2006, added a new Subsection B to provide a penalty for failure to comply with an administrative order.
The 2001 amendment,
effective June 15, 2001, inserted Subsection C.
Disposal penalty authorized.
— An award that represented three times the costs that the department of environment incurred in contracting for removal of a pile of asbestos-containing debris, including a six percent gross receipts tax, was consistent with the penalties authorized by law.
Espinosa v. Roswell Tower, Inc.
, 1996-NMCA-006, 121 N.M. 306, 910 P.2d 940.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-13 - Inspection.

The secretary or the director or an authorized representative of either, upon presentation of his credentials:
A. shall have a right of entry to, upon or through any premises on which an emission source is located or on which any records required to be maintained by regulations of the environmental improvement board, the local board or by any permit condition are located; and
B. may at reasonable times:
(1) have access to and copy any records required to be established and maintained by regulations of the environmental improvement board or the local board or any permit condition;
(2) inspect any monitoring equipment and method required by regulations of the environmental improvement board, the local board or by any permit condition; and
(3) sample any emissions that are required to be sampled pursuant to regulation of the environmental improvement board, the local board or any permit condition.
History:
1953 Comp., § 12-14-11.1, enacted by Laws 1972, ch. 51, § 8; 1992, ch. 20, § 16.
ANNOTATIONS
Cross references.
— For definitions of "department" and "board,"
see
74-2-2 NMSA 1978.
The 1992 amendment,
effective March 5, 1992, rewrote the introductory paragraph, which formerly read: "Any employee of the department or board, upon presentation of proper department or board credentials:"; in Subsection A, deleted "at reasonable times" following "have" and substituted all of the present language of the subsection following "regulations" for "of the board"; and rewrote Subsection B, which formerly read: "may at reasonable times have access to and copy any records required to be established and maintained by regulations of the board".
Consent to search.
— In knowingly and voluntarily agreeing to the terms and conditions of an air quality permit specifically granting the environmental division a right of entry to the permittee's facility at all reasonable times to verify the terms and conditions of the permit, the permittee waived its rights under the Fourth Amendment to warrantless searches that comply with the requirements of the permit and Section 74-2-13 NMSA 1978.
Copar Pumice Co., Inc. v. Morris
, 632 F. Supp. 2d 1055 (D.N.M.).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 C.J.S. Public Administrative Law and Procedure § 22; 73A C.J.S. Public Administrative Law and Procedure §§ 126, 127.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-15 - State air quality permit fund.

A. There is created in the state treasury the "state air quality permit fund" to be administered by the department. All fees collected by the department pursuant to Section 74-2-7 NMSA 1978 shall be deposited in the state air quality permit fund.
B. Money in the state air quality permit fund is appropriated to the department for the purpose of paying the reasonable costs of:
(1) reviewing and acting upon any application for a permit;
(2) if the owner or operator receives a permit, implementing and enforcing the terms and conditions of such permit not including any court costs or other costs associated with any enforcement action;
(3) emissions and ambient monitoring;
(4) preparing generally applicable regulations or guidance;
(5) modeling, analysis and demonstrations; and
(6) preparing inventories and tracking emissions.
History:
1978 Comp., § 74-2-15, enacted by Laws 1992, ch. 20, § 18.
ANNOTATIONS
Repeals and reenactments.
— Laws 1992, ch. 20, § 18 repealed former 74-2-15 NMSA 1978, as enacted by Laws 1970, ch. 58, § 10, relating to additional means of enforcement, and enacted a new section, effective March 5, 1992.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-15.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 20, § 21 repealed 74-2-15.1 NMSA 1978, as enacted by Laws 1979, ch. 393, § 10, relating to primary nonferrous smelter orders, effective March 5, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-16 - Municipal or county air quality permit fund.

A. A local authority shall create within the municipal or county treasury a fund to be known as the "_____________________________ (name of municipality or county) air quality permit fund". All fees collected by a municipality or county pursuant to Section 74-2-7 NMSA 1978 shall be deposited in the fund created pursuant to this section.
B. Money in the fund created pursuant to this section shall be used by the municipality or county only for the purpose of paying the reasonable costs of:
(1) appealing, reviewing and acting upon any application for a permit;
(2) if the owner or operator receives a permit, implementing and enforcing the terms and conditions of such permit, not including any court costs or other costs associated with any enforcement action;
(3) emissions and ambient monitoring;
(4) preparing generally applicable regulations or guidance;
(5) modeling, analysis and demonstrations; and
(6) preparing inventories and tracking emissions.
History:
1978 Comp., § 74-2-16, enacted by Laws 1992, ch. 20, § 19.
ANNOTATIONS
Repeals and reenactments.
— Laws 1992, ch. 20, § 19 repealed former 74-2-16 NMSA 1978, as enacted by Laws 1970, ch. 58, § 11, relating to declaratory judgement on regulations, effective March 5, 1992.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-17 - Continuing effect of existing laws, rules and regulations.

A. The Air Quality Control Act is supplementary to other legislation and does not repeal any laws but takes precedence over any law that conflicts with the provisions of that act.
B. All county and municipal ordinances and all state, county and municipal regulations relating to air quality and air pollution are continued in effect until revised or repealed by the governmental body or administrative agency having jurisdiction; provided that copies of each ordinance and regulation:
(1) were filed under the State Rules Act [Chapter 14, Article 4 NMSA 1978] on or before May 3, 1967; or
(2) if adopted after May 3, 1967:
(a) were adopted by a governmental body or administrative agency having jurisdiction to do so under the Air Quality Control Act as in effect at the time of such adoption; and
(b) if required by the Air Quality Control Act as in effect at the time of such adoption, have been filed under the State Rules Act.
History:
1953 Comp., § 12-14-13, enacted by Laws 1967, ch. 277, § 13; 1970, ch. 58, § 12; 1992, ch. 20, § 20.
ANNOTATIONS
The 1992 amendment,
effective March 5, 1992, substituted "existing" for "present" in the section catchline; designated the formerly undesignated first sentence as Subsection A, while therein substituting all of the present language following "repeal any laws" for "except those in direct conflict therewith"; rewrote and restructured the formerly undesignated second sentence as the introductory paragraph of Subsections B and B(1); and added Subsection B(2).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2 - Air Pollution › Section 74-2-18 to 74-2-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 373, § 7, repealed 74-2-18 to 74-2-22 NMSA 1978, relating to interstate cooperation concerning air pollution, effective April 10, 1981.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 2A - Wood Burning Stoves and Fireplaces › Section 74-2A-1 - Wood burning stoves and fireplaces; findings; county and municipal wood burning laws; exemption for indigents.

A. The legislature finds that many persons have acquired wood burning stoves to heat their homes. The legislature further finds that wood burning stoves have been encouraged as a means of reducing our country's dependence on foreign oil and are therefore in the public interest. The legislature further finds that many of the poorer citizens of our state have acquired wood burning stoves or residences with fireplaces as a means of providing cost efficient heating for their families.
B. The legislature further finds that counties and municipalities have adopted and may continue to adopt wood burning laws to prevent or reduce serious pollution problems associated with wood burning. The legislature further finds that while these laws are in the public interest, it is also in the public interest to protect the poor in our society who have wood burning stoves or fireplaces to provide cost efficient heating for their families.
C. Any county or municipality which adopts a wood burning law to prohibit burning from occurring at certain times or in certain locations shall provide an exemption procedure for indigent families who need wood burning as an essential form of cost-efficient heating for their families. The exemption procedure shall include a standard for determining when a family is considered indigent for purposes of the exemption.
History:
Laws 1989, ch. 150, § 1.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-1 - Short title.

Chapter 74, Article 3 NMSA 1978 may be cited as the "Radiation Protection Act".
History:
1953 Comp., § 12-9-1, enacted by Laws 1971, ch. 284, § 1; 1977, ch. 343, § 1; 2003, ch. 297, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 284, § 1, repealed former 12-9-1, 1953 Comp., a definitions section for radiation control, and enacted a new 74-3-1 NMSA 1978.
Cross references.
— For the Environmental Improvement Act,
see
Chapter 74, Article 1 NMSA 1978.
For promulgation of standards of radiation control,
see
74-1-7 and 74-1-8 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, substituted "Chapter 74, Article 3 NMSA 1978" for "Sections 74-3-1 through 74-3-16 NMSA 1978".
Law reviews.
— For note, "Preemption - Atomic Energy," see 24 Nat. Resources J. 761 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability for injury by X-ray, 41 A.L.R.2d 329.
Tort liability for nonmedical radiological harm, 73 A.L.R.4th 582.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-2 - Radiation technical advisory council; creation and organization.

A. There is established a "radiation technical advisory council" consisting of seven members. The members shall be appointed by the governor, after consultation with the director of the agency for five-year staggered terms. The governor shall fill any vacancy occurring on the council. The replacement appointee shall serve the remainder of the original member's unexpired term.
B. The members of the radiation technical advisory council shall be individuals with scientific training in one or more of the following fields: diagnostic radiology, radiation therapy, nuclear medicine, radiation or health physics or related sciences with specialization in radiation.
C. Notwithstanding the provisions of Subsections A and B of this section, the radiation technical advisory council includes four additional members who shall sit as full council members on matters to which the Medical Radiation Health and Safety Act [Medical Imaging and Radiation Therapy Health and Safety Act, Chapter 61, Article 14E NMSA 1978] applies, including but not limited to regulations necessary to effectuate the provisions of that act. The additional members shall be four radiologic technologists appointed by the governor whose initial appointments shall be made in such manner that two members shall be appointed for terms of three years and two members who shall be appointed for terms of five years. Thereafter, the additional members shall be appointed by the governor for staggered terms of five years each. The radiologic technologist members of the council shall be appointed from lists submitted to the governor by any generally recognized organization of radiologic technologists in this state. Vacancies shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy.
History:
1953 Comp., § 12-9-2, enacted by Laws 1959, ch. 185, § 2; 1971, ch. 284, § 2; 1977, ch. 343, § 2; 1983, ch. 317, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2009, ch. 106, § 1 changed the title of Chapter 61, Article 14E from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act".
Cross references.
— For definitions of "director" and "agency,"
see
74-3-4 NMSA 1978 and notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 4.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-3 - Council duties; per diem.

It is the duty of the council to advise the agency and the board on technical matters relating to radiation. Members of the council shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and shall receive no other compensation, perquisite or allowance. Money expended for these purposes shall be paid from agency funds.
History:
1953 Comp., § 12-9-3, enacted by Laws 1959, ch. 185, § 3; 1963, ch. 43, § 1; 1971, ch. 284, § 3; 1977, ch. 343, § 3.
ANNOTATIONS
Cross references.
— For definitions of "council," "agency" and "board,"
see
74-3-4 NMSA 1978 and notes thereto.
Advisory duties required in adoption of radiation regulations.
— The environmental improvement board cannot act lawfully alone in adopting radiation regulations. The board must obtain "the advice and consent" of the radiation technical advisory council before it can adopt regulations.
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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-4 - Definitions.

As used in the Radiation Protection Act:
A. "board" means the environmental improvement board;
B. "agency" or "division" means the environmental protection division of the department of environment;
C. "council" means the radiation technical advisory council;
D. "radiation" includes particulate and electromagnetic radiation and ultrasound, but does not include audible sound;
E. "radioactive material" includes any materials or sources, regardless of chemical or physical state, that emit radiation;
F. "radiation equipment" means any device that is capable of producing radiation;
G. "agreement state" means any state with which the nuclear regulatory commission has entered into an agreement under Section 274(b) of the federal Atomic Energy Act of 1954, as amended;
H. "person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or its legal representatives, agents or assigns;
I. "continued care fund" means the radiation protection continued care fund;
J. "director" means the director of the division;
K. "nuclear regulatory commission" means the United States nuclear regulatory commission; and
L. "secretary" means the secretary of environment.
History:
Laws 1959, ch. 185, § 1; 1953 Comp., § 12-9-1; Laws 1971, ch. 277, § 17; reenacted as 1953 Comp., § 12-9-4 by Laws 1971, ch. 284, § 4; 1977, ch. 253, § 33; 1977, ch. 343, § 4; 2003, ch. 297, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 284, § 4, repealed former 12-9-4, 1953 Comp., relating to promulgation of radiation regulations, and enacted a new 74-3-4 NMSA 1978.
Cross references.
— For exemption of environmental improvement board from authority of secretary of environment,
see
9-7A-12 NMSA 1978.
For § 274(b) of the Atomic Energy Act of 1954,
see
42 U.S.C. § 2021(b).
For the United States nuclear regulatory commission,
see
42 U.S.C. § 5841.
The 2003 amendment,
effective July 1, 2003, rewrote Subsection B; in Subsection G, deleted "or its successor" following "nuclear regulatory commission" near the middle and inserted "federal" preceding "Atomic Energy Act" near the end; substituted "division" for "environmental improvement agency and" at the end of Subsection J; in Subsection K, deleted "the United States atomic energy commission" preceding "the United States" near the middle and deleted "or its successor" near the end; and added Subsection L.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-5.1 - Radiation protection fund created.

The "radiation protection fund" is created in the state treasury. Radiation license, registration and other related fees shall be deposited in the fund. All earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the department of environment to carry out provisions of the Radiation Protection Act. 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 his designee. Any unexpended or unencumbered balance in the radiation protection fund at the end of any fiscal year shall not revert to the general fund.
History:
Laws 2000, ch. 86, § 6.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 86 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on May 17, 2000, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-6 - Continued care fund regulations; requirements; exemptions; modification.

A. In the adoption of regulations governing continued care fund requirements, the board shall consider the desirability of prorated payments by the licensee in relation to the expected life of the licensed operation.
B. Licensees whose licensed activities consist only of uses of radioactive material which do not create a situation requiring continued care of radioactive materials after the expiration of the license, including but not limited to X-ray generating devices, laboratories, medical facilities, pharmacies, industrial radiography, well logging and gauges shall not be required to make deposits to the continued care fund.
C. Until the nuclear regulatory commission adopts regulations governing continued care activities, continued care fund deposits required from a uranium mill license holder shall be ten cents ($.10) per pound of U3O8 in uranium concentrate (yellow cake) produced from such mill, unless the board determines that a lesser amount is appropriate and the requirement of a mill license holder to make deposits to the continued care fund will terminate for each mill after the cumulative continued care fund deposit for that mill reaches one million dollars ($1,000,000).
D. After the nuclear regulatory commission adopts regulations governing continued care activities:
(1) the board may alter the amount or character of a licensee's obligation by regulation if such regulations are no more stringent than the regulations of the nuclear regulatory commission governing continued care activities;
(2) the board may adopt continued care requirements more stringent than those of the nuclear regulatory commission upon the finding that such regulations are necessitated by unique or special circumstances in New Mexico; and
(3) deposits by a licensee to the continued care fund shall be considered in adopting regulations altering the amount or character of a licensee's continued care obligation.
History:
1953 Comp., § 12-9-5.1, enacted by Laws 1977, ch. 343, § 6.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-7 - Continued care fund created; appropriation; approval; regulation.

A. The "radiation protection continued care fund" is created in the state treasury. Cash balances in the fund shall be invested by the state treasurer as other state funds under his jurisdiction are invested.
B. Money in the continued care fund is appropriated to the agency for use in remedying and preventing situations which may be harmful to the health, safety, welfare or property of the people and which involve abandoned wastes or inoperative facilities which are or were operated by depositors to the continued care fund.
C. Emergency expenditures up to the amount of one hundred thousand dollars ($100,000) for any single emergency incident may be made from the continued care fund by the director subject to approval of the chairman of the board. Expenditures involving more than one hundred thousand dollars ($100,000) shall be made only after prior approval of the state board of finance.
D. Subject to the provisions of this section, the board shall adopt regulations governing the administration of the continued care fund.
History:
1953 Comp., § 12-9-5.2, enacted by Laws 1977, ch. 343, § 7; 1989, ch. 324, § 35.
ANNOTATIONS
Cross references.
— For definitions of "agency," "director" and "board,"
see
74-3-4 NMSA 1978 and notes thereto.