2018 New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 2 - Air Pollution
Section 74-2-3 - Environmental improvement board.
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 provided in the Air Quality Control Act, the jurisdiction of the environmental improvement board extends to all areas of the state except within the boundaries of a local authority.
History: 1953 Comp., § 12-14-3, enacted by Laws 1967, ch. 277, § 3; 1970, ch. 58, § 2; 1971, ch. 277, § 21; 1973, ch. 322, § 2; 1992, ch. 20, § 2.
Cross references. — For the definition of "board," "department" and "director", see 74-2-2 NMSA 1978.
For the definition of "A class county", see 4-44-1 NMSA 1978.
For exemption of environmental improvement board from authority of secretary of environment, see 9-7A-12 NMSA 1978.
The 1992 amendment, effective March 5, 1992, substituted the present section catchline for "State air pollution control agency"; deleted the former first sentence of Subsection A, defining the environmental improvement board; rewrote the former second paragraph of Subsection A and designated it as present Subsection B; and deleted former Subsection B, relating to duties of the director of the department.
Air pollution controlled by subjecting entire state to regulatory authority. — Under this article, air pollution throughout the state is controlled by subjecting every area of the state to the regulatory authority of some board: either the environmental improvement board or a board created in accordance with 74-2-4 NMSA 1978. 1982 Op. Att'y Gen. No. 82-07.
Responsibility for enforcing act. — Enforcement of New Mexico regulations and standards more stringent than, or in addition to, the federal standards and regulations is the state's responsibility; the environmental improvement board has state-wide responsibility for enforcing this article, but the Albuquerque-Bernalillo county air quality control board has this responsibility in the Albuquerque-Bernalillo county area. 1987 Op. Att'y Gen. No. 87-11.
Requiring use of oxygenated fuels. — The environmental improvement board and/or the Albuquerque-Bernalillo county air quality control board may require the use of oxygenated fuels without violating the constitutional prohibition against interference with interstate commerce, but may only do so if that requirement is contained in the state's implementation plan. 1987 Op. Att'y Gen. No. 87-11.
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
For comment, "Delegation of Legislative Authority on the State Level; Environmental Protection in N.M.: Public Service Co. of N.M. et al. v. N.M. Environmental Improvement Board," see 17 Nat. Resources J. 521 (1977).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 150 et seq.
Orders or penalties against state or its officials for failure to comply with regulations directing state to regulate pollution-creating activities of private parties, under § 113 of Clean Air Act (42 U.S.C.S. § 1857c-8), 31 A.L.R. Fed. 79.
39A C.J.S. Health and Environment § 130.
