Chapter 74 — Chapter 74

History: Laws 1994, ch. 117, § 14 and by Laws 1994, ch. 126, § 14; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 15 and by Laws 1994, ch. 126, § 15; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 16 and by Laws 1994, ch. 126, § 16; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 17 and by Laws 1994, ch. 126, § 17; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 2 and by Laws 1994, ch. 126, § 2; 1995, ch. 57, § 1; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 3 and by Laws 1994, ch. 126, § 3; 1995, ch. 57, § 2; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 4 and by Laws 1994, ch. 126, § 4; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 5 and by Laws 1994, ch. 126, § 5; 1995, ch. 57, § 3; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 6 and by Laws 1994, ch. 126, § 6; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 7 and by Laws 1994, ch. 126, § 7; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 8 and by Laws 1994, ch. 126, § 8; repealed by Laws 2005, ch. 171, § 23.

History: Laws 1994, ch. 117, § 9 and by Laws 1994, ch. 126, § 9; repealed by Laws 2005, ch. 171, § 23.

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.

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,…

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 pertai…

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.

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, p…

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.

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 recreat…

No new mercury vapor outdoor lighting fixtures shall be sold or installed after January 1, 2000. History: Laws 1999, ch. 197, § 6.

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 Nig…

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…

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. Hist…

Chapter 74, Article 13 NMSA 1978 may be cited as the "Recycling, Circular Economy and Illegal Dumping Act". History: Laws 2005, ch. 171, § 1; 2025, ch. 151, § 1.

A person operating a tire recycling facility under a permit issued pursuant to the Recycling, Circular Economy and Illegal Dumping Act shall not be required to obtain a permit for that facility pursuant to the Solid Waste Act [74-9-1 NMSA 1978]. History: Laws 2005, ch. 171, § 10;…

A. The department may bring an abatement action pursuant to the provisions of Section 30-8-8 NMSA 1978 to eliminate an illegal dumpsite. B. The secretary may act administratively to eliminate illegal dumpsites pursuant to the provisions of the Recycling, Circular Economy and Ille…

The secretary may contract with the governing body of a county, municipality, Indian nation, pueblo or tribe, land grant community or cooperative association for the abatement of illegal dumpsites located within the boundaries of the county, municipality, Indian nation, pueblo or…

A. Whenever the secretary determines that a person has violated or is violating any requirement or prohibition of the Recycling, Circular Economy and Illegal Dumping Act, a rule adopted pursuant to that act or a condition of a permit issued pursuant to that act, the secretary may…

A. The board shall implement a field citation program by adopting rules establishing appropriate minor violations for which field citations assessing civil penalties not to exceed one thousand dollars ($1,000) per day of violation may be issued by local government authorities or …

A person adversely affected by an administrative action taken by the secretary pursuant to the provisions of the Recycling, Circular Economy and Illegal Dumping Act may appeal the action pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 2005, ch. 171, § 15; 2025, ch. 151, § 1…

A. A person who knowingly violates Section 74-13-4 NMSA 1978: (1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NM…

A. A municipality, county, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority that meets eligibility requirements established by the board may apply for a grant for providing funds to public landfills to offset the cost of colle…

The department of transportation may use rubberized asphalt in paving mixtures for state and local highway projects and to pay added expenses that may result from using rubberized asphalt. The department of transportation shall adopt rules for the administration of the rubberized…

The "recycling and illegal dumping fund" is created in the state treasury. Fees and penalties collected pursuant to the Recycling, Circular Economy and Illegal Dumping Act shall be deposited into the fund. Money in the fund is appropriated to the department for carrying out the p…

The purposes of the Recycling, Circular Economy 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 a…

The "rubberized asphalt fund" is created in the state treasury. Money in the fund is appropriated to the department of transportation to pay additional expenses that might result from using rubberized asphalt paving mixes, to allocate at least fifty percent of the fund to local g…

As used in the Recycling, Circular Economy and Illegal Dumping Act: A. "abatement" means to reduce in amount, degree or intensity or to eliminate; B. "agricultural use" means the beneficial use of scrap tires in conjunction with the operations of a farm or ranch that includes con…

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…

department and others. A. The secretary or any authorized representative, employee or agent of the department may: (1) enter a facility of a scrap tire generator, scrap tire hauler or tire recycling facility at any reasonable time for the purpose of making a routine inspection or…

coordinator; circular economy coordinator. A. The department is responsible for the administration and enforcement of the provisions of the Recycling, Circular Economy and Illegal Dumping Act and of all rules adopted by the board pursuant to the provisions of that act. The depart…

A. The "recycling, circular economy and illegal dumping alliance" is created and is composed 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 nonprofi…

The board shall adopt rules to implement the provisions of the Recycling, Circular Economy and Illegal Dumping Act. The rules shall be adopted pursuant to the provisions of the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978] and shall include: A. requirements and …

A scrap tire generator who transports or offers for transportation, scrap tires for offsite handling, altering, storage, disposal or for any combination thereof shall complete a scrap tire manifest pursuant to rules adopted by the board. Upon demand, the manifest for every genera…

This act [74-14-1 to 74-14-7 NMSA 1978] may be cited as the "Geologic Carbon Dioxide Storage Stewardship Act". History: Laws 2025, ch. 48, § 1.

As used in the Geologic Carbon Dioxide Storage Stewardship Act: A. "carbon dioxide" means carbon dioxide produced by anthropogenic sources or captured from the atmosphere, including qualified carbon oxide as defined pursuant to applicable federal law and carbon dioxide stream as …

A. The Geologic Carbon Dioxide Storage Stewardship Act applies to sequestration facilities that commence injection of carbon dioxide after the effective date of that act; provided that sequestration facilities that commenced injection of carbon dioxide before the effective date o…

A. An operator that has obtained a permit for geologic carbon dioxide sequestration may ask for a certificate of closure for that site; provided that the operator can demonstrate that the storage has demonstrated long-term security, monitoring of the site has not shown significan…

fund created. A. The "geologic carbon dioxide long-term storage stewardship fund" is created as a nonreverting fund in the state treasury. The fund consists of fees collected from operators at a rate of not less than ten cents ($.10) per metric ton of carbon dioxide injected for …

release. A. The division shall issue a certificate of completion of injection operations upon a showing by the operator of a sequestration facility and a division finding that the requirements of Subsection E of this section have been satisfied. B. Upon the issuance of a certific…

A. Absent specific language in a severing instrument to the contrary, the surface estate includes the pore space, and the ownership of all pore space in all strata below the surface lands and waters of this state is declared to be vested in the several owners of the surface above…