Chapter 74 — Chapter 74

Chapter 74, Article 1 NMSA 1978 may be cited as the "Environmental Improvement Act". History: 1953 Comp., § 12-19-1, enacted by Laws 1971, ch. 277, § 1; recompiled as 1953 Comp., § 12-12-1 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 1; 1997, ch. 139, § 1.

A. A person who violates any regulation of the board is guilty of a petty misdemeanor. This section does not apply to any regulation for which a criminal penalty is otherwise provided by law. B. Whenever, on the basis of any information, the secretary determines that a person has…

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 prot…

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 — Laws 1989, ch. 223, § 4 repealed 74-1-11 NMSA 1978, as enacted by Laws 1989, ch. 223, § 3, relating to creation of the water supply fund, effective July 1, 1992.

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 Unite…

A. There is imposed on every person who operates a public water supply system a water conservation fee in an amount equal to three cents ($.03) per thousand gallons of water produced on which the fee imposed by this subsection has not been paid. B. The "water conservation fund" i…

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 notifi…

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…

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. t…

History: Laws 2000, ch. 96, § 3; 2009, ch. 203, § 2; repealed by Laws 2020, ch. 32, § 8.

purpose. A. The "liquid waste disposal system assistance fund" is created in the state treasury. The department shall administer the fund. The fund may be composed of appropriations and transfers of money earned from investment of the fund and otherwise accruing to the fund and t…

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 Ser…

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 Enviro…

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 benefit…

A. The board shall promulgate rules to implement a clean transportation fuel standard program no later than July 1, 2026. B. Prior to the board promulgating rules pursuant to this section, the secretary shall convene an advisory committee composed of stakeholders from in-state an…

The purpose of the Environmental Improvement Act is to create a department that will be responsible for environmental management and consumer protection in this state in order to ensure an environment that in the greatest possible measure will confer optimum health, safety, comfo…

As used in the Environmental Improvement Act: A. "board" means the environmental improvement board; B. "carbon intensity" means the quantity of fuel lifecycle greenhouse gas emissions per unit of fuel energy, expressed in grams of carbon dioxide equivalent per megajoule; C. "depa…

A. There is created the "environmental improvement board". The board shall consist of seven members appointed by the governor, by and with the advice and consent of the senate. The members of the board shall be appointed for overlapping terms, with no term exceeding five years. N…

The board shall promulgate all regulations applying to persons and entities outside of the department. History: 1953 Comp., § 12-19-6, enacted by Laws 1971, ch. 277, § 6; recompiled as 1953 Comp., § 12-12-6 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 3; 1997, ch. 139, § 5.

The department shall have power to: A. sue and be sued; B. make contracts to carry out its delegated duties; C. enter into agreements with environmental and consumer protection agencies of other states and the federal government pertaining to duties of the department; D. enter in…

A. The department is responsible for environmental management and consumer protection programs. In that respect, the department shall maintain, develop and enforce rules and standards in the following areas: (1) food protection; (2) water supply, including implementing a capacity…

confidential. A. The department may develop and administer a pollution prevention program to be known as the "green zia program". The department may enter into contracts with the federal government, promulgate rules and take other actions appropriate and necessary to produce an e…

A. The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate rules and standards in the following areas: (1) food protection; (2) water supply, including a capacity development program to assist water systems in acq…

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…

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.

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 provi…

A. Any person may recommend or propose regulations to the board for promulgation. The board shall determine whether or not to hold a hearing within sixty days of submission of a proposed regulation. B. No regulation shall be adopted until after a public hearing by the board. As u…

Chapter 74, Article 2 NMSA 1978 may be cited as the "Air Quality Control Act". History: 1953 Comp., § 12-14-1, enacted by Laws 1967, ch. 277, § 1; 1972, ch. 51, § 1; 1989, ch. 278, § 1.

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…

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 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 th…

A. When, on the basis of any information, the secretary or the director determines that a person has violated or is violating a requirement or prohibition of the Air Quality Control Act, a regulation promulgated pursuant to that act or a condition of a permit issued under that ac…

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 e…

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 o…

A. Notwithstanding any other provision of the Air Quality Control Act, a local authority may prescribe penalties for violations of an ordinance: (1) regulating open-fire burning or residential incineration; or (2) prohibiting the removal of motor vehicle emission control devices …

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…

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.

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 …

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 a…

As used in the Air Quality Control Act: A. "air contaminant" means a substance, including any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination thereof or any decay or reaction product thereof; B. "air pollut…

A. In taking any action under the Air Quality Control Act, a majority of the environmental improvement board constitutes a quorum, but any action, order or decision of the environmental improvement board requires the concurrence of three members present at a meeting. B. Except as…

A. A county or municipality meeting the qualifications set forth in Paragraph (1) or (2) of Subsection J of Section 74-2-2 NMSA 1978 may assume jurisdiction as a local authority by adopting an ordinance providing for the local administration and enforcement of the Air Quality Con…

local board. A. The environmental improvement board or the local board shall prevent or abate air pollution. B. The environmental improvement board or the local board shall: (1) adopt, promulgate, publish, amend and repeal rules and standards consistent with the Air Quality Contr…

agency. The department and the local agency for their respective jurisdictions shall: A. develop facts and make investigations and studies consistent with the Air Quality Control Act and, as required for enforcement of that act, enter at all reasonable times in or upon any privat…

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 feder…

History: Laws 2009, ch. 98, § 1; repealed by Laws 2021, ch. 133, § 4.

A. Any person may recommend or propose regulations to the environmental improvement board or the local board for adoption. The environmental improvement board or the local board shall determine whether to hold a hearing within sixty days of submission of a proposed regulation. B.…

board or the local board; permit fees. A. By regulation, the environmental improvement board or the local board shall require: (1) a person intending to construct or modify any source, except as otherwise specifically provided by regulation, to obtain a construction permit from t…

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…

A. The environmental improvement board or the local board may grant an individual variance from the limitations prescribed under the Air Quality Control Act, any regulation of the environmental improvement board or the local board or any permit condition imposed by the department…