2018 New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 3 - Radiation Control
Section 74-3-4 - Definitions.

Universal Citation: NM Stat § 74-3-4 (2018)
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 — Laws 1971, ch. 284, § 4, repealed former 12-9-4, 1953 Comp., relating to promulgation of radiation regulations, and enacted a new 74-3-4 NMSA 1978.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.

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