reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-75 - Limitations upon liabilities.

Neither the directors nor any person executing securities issued under the Solid Waste Authority Act shall be liable personally on the securities by reason of the issuance thereof. Securities issued pursuant to that act shall not be in any way a debt or liability of the state or of any municipality or other public body and shall not create or constitute any indebtedness, liability or obligation of the state or of any such municipality or other public body, either legal, moral or otherwise, and nothing contained in that act shall be construed to authorize the authority to incur any indebtedness on behalf of or in any way to obligate the state or any municipality or other public body, except the authority and except as otherwise expressly stated or necessarily implied in that act.
History:
Laws 1993, ch. 319, § 75.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-76 - Cancellation of paid securities.

Whenever the treasurer shall redeem and pay any of the securities issued under the provisions of the Solid Waste Authority Act, he shall cancel the same by writing across the face thereof or stamping thereon the word "paid", together with the date of its payment, sign his name thereto and transmit the same to the secretary, taking his receipt therefor, which receipt shall be filed in the records of the authority. The secretary shall credit the treasurer on his books for the amount so paid.
History:
Laws 1993, ch. 319, § 76.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-77 - Interest after maturity.

No interest shall accrue on any security in the Solid Waste Authority Act authorized after it becomes due and payable; provided, funds for the payment of the principal of and the interest on the security and any prior redemption premium due are available to the paying agent for such payment without default.
History:
Laws 1993, ch. 319, § 77.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-78 - Refunding bonds.

Any bonds issued under the Solid Waste Authority Act may be refunded, without an election, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, pursuant to a resolution or resolutions to be adopted by the board in the manner provided in that act for the issuance of other securities, to refund, pay or discharge all or any part of the authority's outstanding bonds, heretofore or hereafter issued, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs or effecting other economies or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or any project, or any combination thereof.
History:
Laws 1993, ch. 319, § 78.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-79 - Method of issuance.

Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds authorized to be refunded or may be sold as provided in the Solid Waste Authority Act for the sale of other bonds.
History:
Laws 1993, ch. 319, § 79.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-80 - Limitations upon issuance.

No bonds may be refunded under the Solid Waste Authority Act unless the holders of the bonds voluntarily surrender them for exchange or payment or unless they either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds. Provision shall be made for paying the bonds within that period of time. No maturity of any bonds refunded may be extended over fifteen years nor may any interest on the bonds be increased to any coupon rate exceeding the maximum net effective interest rate permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds refunded so long as provision is duly and sufficiently made for their payment.
History:
Laws 1993, ch. 319, § 80.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-81 - Use of refunding bond proceeds.

The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow to be applied to the payment of the bonds upon their presentation; provided, however, any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest or the principal or both interest and principal or may be deposited in a reserve therefor as the board may determine. The escrow shall not necessarily be limited to refunding bond proceeds but may include other money made available for such purpose. Any escrowed proceeds pending such use may be invested or reinvested in federal securities. Escrowed proceeds and investments, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due and any charges of the escrow agent payable therefrom to pay the bonds refunded as they become due at their respective maturities or due at designated prior redemption date or dates upon which the board shall exercise a prior redemption option. Upon establishment of an escrow in accordance with this section, the refunded bonds payable therefrom no longer constitute outstanding indebtedness of the authority.
History:
Laws 1993, ch. 319, § 81.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-82 - Payment of refunding bonds.

Refunding revenue bonds may be made payable from any revenues derived from the operation of the solid waste system or any project, notwithstanding the pledge of such revenues for the payment of the outstanding bonds issued by the authority which are to be refunded is thereby modified. Any refunding revenue bonds shall not be made payable from taxes unless the bonds thereby refunded are payable from taxes.
History:
Laws 1993, ch. 319, § 82.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-83 - Combination of refunding and other bonds.

Bonds for refunding and bonds for any other purpose or purposes authorized in the Solid Waste Authority Act may be issued separately or issued in combination in one series or more.
History:
Laws 1993, ch. 319, § 83.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-84 - Supplemental provisions.

Except as specifically provided or necessarily implied in the Solid Waste Authority Act, the relevant provisions of that act pertaining to bonds generally shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the bond resolution, trust indenture, taxes and service charges and other aspects of the bonds.
History:
Laws 1993, ch. 319, § 84.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-85 - Board's determination final.

The determination of the board that the limitations imposed upon the issuance of refunding bonds under the Solid Waste Authority Act have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
History:
Laws 1993, ch. 319, § 85.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-86 - Issuance of interim debentures and pledge of bonds as collateral security.

Notwithstanding any limitation or other provision in the Solid Waste Authority Act, whenever a majority of the qualified electors of the authority voting on a proposal to issue bonds has authorized the authority to issue bonds for any purpose authorized in that act, the authority is authorized to borrow money without any other election in anticipation of taxes, the proceeds of the bonds or any other revenues of the authority, or any combination thereof, and to issue interim debentures to evidence the amount so borrowed. Interim debentures may mature at such time not exceeding a period of time equal to the estimated time needed to effect the purpose for which the bonds are so authorized to be issued, plus two years, as the board may determine. Except as otherwise provided in this section and in Sections 87 and 88 [74-10-87 and 74-10-88 NMSA 1978] of the Solid Waste Authority Act, interim debentures shall be issued as provided in that act for securities in Sections 66 and 68 [74-10-66 and 74-10-68 NMSA 1978] of that act. Taxes, other revenues of the authority, including without limiting the generality of the foregoing proceeds of bonds to be thereafter issued or reissued or bonds issued for the purpose of securing the payment of interim debentures may be pledged for the purpose of securing the payment of the interim debentures. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time as the board may determine, but in no event exceeding forty years from the date of either any of such bonds or any of such interim debentures, whichever date is the earlier. Any such bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture secured by a pledge of such bonds nor shall they bear interest at any time which with any interest accruing at the same time on the interim debenture so secured exceeds six percent per year.
History:
Laws 1993, ch. 319, § 86.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-87 - Interim debentures not to be extended.

No interim debenture issued pursuant to the provisions of Section 86 [74-10-86 NMSA 1978] of the Solid Waste Authority Act shall be extended or funded except by the issuance or reissuance of a bond or bonds in compliance with Section 88 [74-10-88 NMSA 1978] of that act.
History:
Laws 1993, ch. 319, § 87.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-88 - Funding.

For the purpose of funding any interim debenture or interim debentures, any bond or bonds pledged as collateral security to secure the payment of such interim debenture or interim debentures may be reissued without an election, and any bonds not previously issued but authorized to be issued at an election for a purpose the same as or encompassing the purpose for which the interim debentures were issued may be issued for such a funding. Any such bonds shall mature at such time as the board may determine, but in no event exceeding forty years from the date of either any of the interim debentures so funded or any of the bonds so pledged as collateral security, whichever date is the earlier. Bonds for funding, including but not necessarily limited to any such reissued bonds, and bonds for any other purpose or purposes authorized in the Solid Waste Authority Act may be issued separately or issued in combination in one series or more. Except as otherwise provided in Sections 83 and 88 [74-10-83 and 74-10-88 NMSA 1978] of that act and in this section, any such funding bonds shall be issued as is provided for refunding bonds in Sections 78 through 84 [74-10-78 to 74-10-84 NMSA 1978] of the Solid Waste Authority Act and provided for securities in Section 44 and Sections 81 through 87 [74-10-44 and 74-10-81 to 74-10-87 NMSA 1978] of that act.
History:
Laws 1993, ch. 319, § 88.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-89 - Publication of resolution or proceedings.

In its discretion, the board may provide for the publication once in full of either any resolution or other proceedings adopted by the board ordering the issuance of any securities or, in the alternative, of notice thereof, which resolution, other proceedings or notice so published shall state the fact and date of such adoption and the place where such resolution or other proceedings have been filed for public inspection and also the date of the first publication of such resolution, other proceedings or notice and also state that any action or proceeding of any kind or nature in any court questioning the validity of the creation and establishment of the authority, or the validity or proper authorization of securities provided for by the resolution or other proceedings, or the validity of any covenants, agreements or contracts provided for by the resolution or other proceedings, shall be commenced within twenty days after the first publication of such resolution, other proceedings or notice.
History:
Laws 1993, ch. 319, § 89.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-90 - Failure to contest legality constitutes bar.

If no such action or proceedings are commenced or instituted within twenty days after the first publication of such resolution, other proceedings or notice, then all residents and taxpayers and owners of property in the authority and all public bodies and all other persons whatsoever shall be forever barred and foreclosed from instituting or commencing any action or proceeding in any court or from pleading any defense to any action or proceedings questioning the validity of the creation and establishment of the authority, the validity or proper authorization of such securities or the validity of any such covenants, agreements or contracts. The securities, covenants, agreements and contracts shall be conclusively deemed to be valid and binding obligations in accordance with their terms and tenor.
History:
Laws 1993, ch. 319, § 90.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-91 - Confirmation of contract proceedings.

In its discretion, the board may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part, praying a judicial examination and determination of any power conferred or of any tax or rates or charges levied or of any act, proceeding or contract of the authority, whether or not the contract has been executed, including proposed contracts for the acquisition, improvement, equipment, maintenance, operation or disposal of any project for the authority. Such petition shall set forth the facts whereon the validity of such power, assessment, act, proceeding or contract is founded and shall be verified by the chairman of the board. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting as provided in the Solid Waste Authority Act. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any contract therein mentioned may be examined. The notice shall be served by publication in at least five consecutive issues of a weekly newspaper of general circulation published in the county in which the principal office of the authority is located, and by posting the same in the office of the authority at least thirty days prior to the date fixed in the notice for the hearing on the petition. Jurisdiction shall be complete after such publication and posting. Any owner of property in the authority or person interested in the contract or proposed contract or in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court, and the petition shall be taken as confessed by all persons who fail so to appear.
History:
Laws 1993, ch. 319, § 91.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-92 - Review and judgment of court.

The petition and notice shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants. Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other similar cases, except that such review shall be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days. The rules of civil procedure shall govern in matters of pleading and practice where not otherwise specified in the Solid Waste Authority Act. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.
History:
Laws 1993, ch. 319, § 92.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-93 - Purpose of tax exemptions.

The effectuation of the powers authorized in the Solid Waste Authority Act shall and will be in all respects for the benefit of the people of the state, including but not necessarily limited to those residing in the authority exercising any power under that act, for the improvement of their health and living conditions and for the increase of their commerce and prosperity.
History:
Laws 1993, ch. 319, § 93.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-94 - Property exempt from general taxes.

The authority shall not be required to pay any general (ad valorem) taxes upon any property appertaining to any project authorized in the Solid Waste Authority Act and acquired within the state nor the authority's interest therein.
History:
Laws 1993, ch. 319, § 94.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-95 - Securities and income therefrom exempt.

Securities issued under the Solid Waste Authority Act and the income therefrom shall forever be and remain free and exempt from taxation by the state, the authority and any other public body, except transfer, inheritance and estate taxes.
History:
Laws 1993, ch. 319, § 95.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-96 - Freedom from judicial process.

Execution or other judicial process shall not issue against any property of the authority authorized in the Solid Waste Authority Act, nor shall any judgment against the authority be a charge or lien upon its property.
History:
Laws 1993, ch. 319, § 96.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-97 - Resort to judicial process.

Section 96 [74-10-96 NMSA 1978] of the Solid Waste Authority Act does not apply to or limit the right of the holder of any security, his trustee or any assignee of all or part of his interest, the federal government when it is a party to any contract with the authority, and any other obligee under that act to foreclose, otherwise to enforce, and to pursue any remedies for the enforcement of any pledge or lien given by the authority on the proceeds of taxes, service charges or other revenues.
History:
Laws 1993, ch. 319, § 97.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-98 - Legal investments in securities.

It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations or political subdivisions or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association or any other person carrying on an insurance business and any executor, administrator, curator, trustee or any other fiduciary to invest funds or money in their custody in any of the securities authorized to be issued pursuant to the provisions of the Solid Waste Authority Act. Such securities shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving any public body or other person of any duty of exercising reasonable care in selecting securities.
History:
Laws 1993, ch. 319, § 98.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-99 - Civil rights.

The authority damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to reasonable attorneys' fees and costs of court.
History:
Laws 1993, ch. 319, § 99.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-100 - Liberal construction.

The Solid Waste Authority Act, being necessary to secure and preserve the public health, safety and general welfare, the rule of strict consideration shall have no application to that act, but it shall be liberally construed to effect the purposes and objects for which that act is intended.
History:
Laws 1993, ch. 319, § 100.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-1 - Repealed.

History:
Laws 1994, ch. 117, § 1 and Laws 1994, ch. 126, § 1; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-1 NMSA 1978, as enacted by Laws 1994, ch. 117, § 1 and Laws 1994, ch. 126, § 1, relating to the short title of the Tire Recycling Act, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
Saving clause.
— Laws 2005, ch. 171, § 22, effective June 17, 2005, provided that the repeal of the Tire Recycling Act does not affect the validity of regulations enacted pursuant to the Tire Recycling Act, which shall continue in force and effect until amended or repealed; that repeal of the Tire Recycling Act does not affect prior violations of the Tire Recycling Act or regulations enacted pursuant to the Tire Recycling Act; and that all permits and registrations issued pursuant to the Tire Recycling Act shall remain in effect until they expire or they are suspended, revoked or otherwise modified.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-2 - Repealed.

History:
Laws 1994, ch. 117, § 2 and by Laws 1994, ch. 126, § 2; 1995, ch. 57, § 1; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-2 NMSA 1978, as enacted by Laws 1994, ch. 117, § 2 and Laws 1994, ch. 126, § 2, relating to definitions, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-3 - Repealed.

History:
Laws 1994, ch. 117, § 3 and by Laws 1994, ch. 126, § 3; 1995, ch. 57, § 2; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-3 NMSA 1978, as enacted by Laws 1994, ch. 117, § 3 and Laws 1994, ch. 126, § 3, relating to prohibited acts, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-4 - Repealed.

History:
Laws 1994, ch. 117, § 4 and by Laws 1994, ch. 126, § 4; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-4 NMSA 1978, as enacted by Laws 1994, ch. 117, § 4 and Laws 1994, ch. 126, § 4, relating to administration of the Tire Recycling Act, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-5 - Repealed.

History:
Laws 1994, ch. 117, § 5 and by Laws 1994, ch. 126, § 5; 1995, ch. 57, § 3; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-5 NMSA 1978, as enacted by Laws 1994, ch. 117, § 5 and Laws 1994, ch. 126, § 5, relating to regulations, authority and content, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-6 - Repealed.

History:
Laws 1994, ch. 117, § 6 and by Laws 1994, ch. 126, § 6; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-6 NMSA 1978, as enacted by Laws 1994, ch. 117, § 6 and Laws 1994, ch. 126, § 6, relating to solid waste permit exemptions, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-7 - Repealed.

History:
Laws 1994, ch. 117, § 7 and by Laws 1994, ch. 126, § 7; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-7 NMSA 1978, as enacted by Laws 1994, ch. 117, § 7 and Laws 1994, ch. 126, § 7, relating to departments to conduct surveys, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-8 - Repealed.

History:
Laws 1994, ch. 117, § 8 and by Laws 1994, ch. 126, § 8; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-8 NMSA 1978, as enacted by Laws 1994, ch. 117, § 8 and Laws 1994, ch. 126, § 8, relating to abatement of tire dumps, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-9 - Repealed.

History:
Laws 1994, ch. 117, § 9 and by Laws 1994, ch. 126, § 9; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-9 NMSA 1978, as enacted by Laws 1994, ch. 117, § 9 and Laws 1994, ch. 126, § 9, relating to authorization for abatement contracts, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-10 - Repealed.

History:
Laws 1994, ch. 117, § 10 and by Laws 1994, ch. 126, § 10; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-10 NMSA 1978, as enacted by Laws 1994, ch. 117, § 10 and Laws 1994, ch. 126, § 10, relating to compliance orders, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-11 - Repealed.

History:
Laws 1994, ch. 117, § 11 and by Laws 1994, ch. 126, § 11; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-11 NMSA 1978, as enacted by Laws 1994, ch. 117, § 11 and Laws 1994, ch. 126, § 11, relating to field citations, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-12 - Repealed.

History:
Laws 1994, ch. 117, § 12 and by Laws 1994, ch. 126, § 12; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-12 NMSA 1978, as enacted by Laws 1994, ch. 117, § 12 and Laws 1994, ch. 126, § 12, relating to judicial review of administrative actions, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-13 - Repealed.

History:
Laws 1994, ch. 117, § 13 and by Laws 1994, ch. 126, § 13; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-13 NMSA 1978, as enacted by Laws 1994, ch. 117, § 13 and Laws 1994, ch. 126, § 13, relating to grants, eligibility and applications, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-14 - Repealed.

History:
Laws 1994, ch. 117, § 14 and by Laws 1994, ch. 126, § 14; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-14 NMSA 1978, as enacted by Laws 1994, ch. 117, § 14 and Laws 1994, ch. 126, § 14, relating to the rubberized asphalt program, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-15 - Repealed.

History:
Laws 1994, ch. 117, § 15 and by Laws 1994, ch. 126, § 15; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-15 NMSA 1978, as enacted by Laws 1994, ch. 117, § 15 and Laws 1994, ch. 126, § 15, relating to the tire recycling fund, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-16 - Repealed.

History:
Laws 1994, ch. 117, § 16 and by Laws 1994, ch. 126, § 16; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-16 NMSA 1978, as enacted by Laws 1994, ch. 117, § 16 and Laws 1994, ch. 126, § 16, relating to the rubberized asphalt fund, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 11 - Tire Recycling (Repealed.) › Section 74-11-17 - Repealed.

History:
Laws 1994, ch. 117, § 17 and by Laws 1994, ch. 126, § 17; repealed by Laws 2005, ch. 171, § 23.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 171, § 23 repealed 74-11-17 NMSA 1978, as enacted by Laws 1994, ch. 117, § 17 and Laws 1994, ch. 126, § 17, relating to retread rebates, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-1 - Short title.

This act [74-12-1 to 74-12-11 NMSA 1978] may be cited as the "Night Sky Protection Act".
History:
Laws 1999, ch. 197, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on June 18, 1999, 90 days after adjournment of the legislature.
Compiler's notes.
— The Night Sky Protection Act was originally enacted by Laws 1999, ch. 197, §§ 1 to 10 and codified as 74-12-1 to 74-12-10 NMSA 1978. Laws 2001, ch. 151, § 2 added a new section to the Night Sky Protection Act and has been codified as 74-12-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-2 - Purpose.

The purpose of the Night Sky Protection Act is to regulate outdoor night lighting fixtures to preserve and enhance the state's dark sky while promoting safety, conserving energy and preserving the environment for astronomy.
History:
Laws 1999, ch. 197, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-3 - Definitions.

As used in the Night Sky Protection Act:
A. "outdoor lighting fixture" means an outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards or street lighting; and
B. "shielded" means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
History:
Laws 1999, ch. 197, § 3.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-4 - Shielding of outdoor light fixtures.

All outdoor lighting fixtures installed after January 1, 2000 shall be shielded, except incandescent fixtures of one hundred fifty watts or less and other sources of seventy watts or less.
History:
Laws 1999, ch. 197, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-5 - Nonconforming light fixtures.

A. In addition to other exemptions provided in the Night Sky Protection Act, an outdoor lighting fixture not meeting these provisions shall be allowed, if the fixture is extinguished by an automatic shutoff device between the hours of 11:00 p.m. and sunrise.
B. No outdoor recreational facility, whether public or private, shall be illuminated after 11:00 p.m. except for a national or international tournament or to conclude any recreational or sporting event or other activity conducted, which is in progress prior to 11:00 p.m. at a ballpark, outdoor amphitheater, arena or similar facility.
History:
Laws 1999, ch. 197, § 5.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-6 - Use of mercury vapor lighting fixtures.

No new mercury vapor outdoor lighting fixtures shall be sold or installed after January 1, 2000.
History:
Laws 1999, ch. 197, § 6.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-7 - Exemptions.

A. The following are exempt from the requirements of the Night Sky Protection Act:
(1) outdoor lighting fixtures on advertisement signs on interstates and federal primary highways;
(2) outdoor lighting fixtures existing and legally installed prior to the effective date of the Night Sky Protection Act; however, when existing lighting fixtures become unrepairable, their replacements are subject to all the provisions of the Night Sky Protection Act;
(3) navigational lighting systems at airports and other lighting necessary for aircraft safety; and
(4) outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, feedlots or industrial, mining or oil and gas facilities.
B. The provisions of the Night Sky Protection Act are cumulative and supplemental and shall not apply within any county or municipality that, by ordinance or resolution, has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of the Night Sky Protection Act.
History:
Laws 1999, ch. 197, § 7.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-8 - Construction industries division; duties.

The construction industries division of the regulation and licensing department shall review the outdoor lighting provisions in the uniform building codes used in New Mexico and make recommendations for appropriate changes to comply with the provisions of the Night Sky Protection Act and shall permit and inspect, to the standards set forth in the Night Sky Protection Act, all construction of and on state-owned buildings that is subject to permit and inspection under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978].
History:
Laws 1999, ch. 197, § 8; 2001, ch. 151, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted the language beginning "and shall permit and inspect" at the end of the section.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-9 - Costs of replacement; recovery.

If public utilities are required pursuant to the provisions of the Night Sky Protection Act or by local government ordinances to accelerate replacement of lighting fixtures, the cost of such replacement shall be included in rates approved by the public regulation commission.
History:
Laws 1999, ch. 197, § 9.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-10 - Violations; penalty.

Any person, firm or corporation violating the provisions of the Night Sky Protection Act shall be punished as follows:
A. for a first offense, the offender may be issued a warning; and
B. for a second offense or offense that continues for thirty days from the date of the warning, twenty-five dollars ($25.00) minus the replacement cost for each offending fixture.
History:
Laws 1999, ch. 197, § 10.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 12 - Night Sky Protection › Section 74-12-11 - Enforcement.

In order to promote the purposes of the Night Sky Protection Act and to provide uniform minimum outdoor lighting standards throughout the state, the construction industries division of the regulation and licensing department shall enforce the Night Sky Protection Act as it pertains to public buildings subject to permit and inspection under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and each political subdivision of the state shall fully enforce the provisions of the Night Sky Protection Act.
History:
Laws 2001, ch. 151, § 2; § 74-12-11 NMSA 1978, repealed and reenacted by Laws 2009, ch. 79, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 2009, ch. 79, § 1 repealed former 74-12-11 NMSA 1978, relating to enforcement, and enacted a new 74-12-11 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-1 - Short title.

Sections 1 through 20 [74-13-1 to 74-13-20 NMSA 1978] of this act may be cited as the "Recycling and Illegal Dumping Act".
History:
Laws 2005, ch. 171, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-2 - Legislative purposes.

The purposes of the Recycling and Illegal Dumping Act are to:
A. protect the health and welfare of current and future residents of New Mexico by providing for the prevention and abatement of illegal dumpsites;
B. promote environmentally sound methods for reuse and recycling;
C. create a statewide recycling alliance involving the cooperation of cities, counties, state agencies, tribal governments, land grant communities and private business to encourage economic development, community development and collaboration that foster sustainable use of resources, increased recycling and a cleaner and healthier environment; and
D. enhance and coordinate existing highway litter control and removal and recycling efforts that include the recycling of tires, glass, plastic, metal, paper products, electronic waste and construction and demolition materials.
History:
Laws 2005, ch. 171, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-4 - Prohibited acts.

A. A person shall not store or use in a civil engineering application, except for agricultural use, more than one hundred scrap tires anywhere in this state, unless the person has a valid permit or registration from the department.
B. A person shall not operate or maintain a tire recycling facility unless the facility has a valid permit issued pursuant to the provisions of the Recycling and Illegal Dumping Act or is a facility where tires are stored and used for agricultural uses and complies with rules enacted pursuant to the Recycling and Illegal Dumping Act.
C. A person shall not transport scrap tires for hire to a place other than a tire recycling facility unless the place is specifically excluded from the definition of a "tire recycling facility".
D. A person shall not transport scrap tires for hire either for disposal or recycling purposes without being registered as a scrap tire hauler by the department pursuant to rules adopted in accordance with the Recycling and Illegal Dumping Act.
E. A scrap tire generator shall not release scrap tires to a person other than a registered scrap tire hauler pursuant to the Recycling and Illegal Dumping Act or a registered commercial waste hauler pursuant to the Solid Waste Act [74-9-1 NMSA 1978].
F. A person shall not engage in the open burning of scrap tires.
G. A person shall not store or dispose of scrap tires or tire-derived products in a manner that creates a public nuisance, promotes the breeding or harboring of disease vectors or creates a potential for fire or other health or environmental hazards.
H. Except for agricultural uses, a person shall not store scrap tires or tire-derived products for a period exceeding twelve months unless specifically authorized by the secretary.
I. A scrap tire hauler shall not transport scrap tires without possessing a New Mexico scrap tire manifest approved by the department.
J. A person shall not engage in, maintain or allow illegal dumping.
History:
Laws 2005, ch. 171, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-6 - Administration of act.

The department is responsible for the administration and enforcement of the provisions of the Recycling and Illegal Dumping Act and of all rules adopted by the board pursuant to the provisions of that act. The department is delegated all authority necessary and appropriate to carry out its responsibilities.
History:
Laws 2005, ch. 171, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-7 - Recycling and illegal dumping alliance.

A. The "recycling and illegal dumping alliance" is created and is comprised of one member from each of the following:
(1) state government;
(2) local government;
(3) a solid waste authority;
(4) an industry waste generator;
(5) a tribal government;
(6) a nonprofit organization;
(7) a recycling company;
(8) a retailer;
(9) an agricultural producer;
(10) a soil and water conservation district;
(11) a waste management company; and
(12) the public at large.
B. The secretary shall appoint members of the alliance to serve two-year terms as volunteers with no compensation from the state.
C. The alliance shall:
(1) develop strategies to increase recycling and decrease illegal dumping in New Mexico;
(2) create a state recycling plan, as a component of the New Mexico solid waste management plan, to establish programs and goals and update the plan every three years to measure progress and modify strategies; and
(3) review and make recommendations for funding grant applications from the recycling and illegal dumping fund.
History:
Laws 2005, ch. 171, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.