New Mexico § 74-2-4 - Local authority
Full text of New Mexico New Mexico Statutes Annotated § 74-2-4 — Local authority, with citation guidance and answers to common questions.
§ 74-2-4. Local authority
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 Control Act. The ordinance shall: (1) create a local board to perform, within the boundaries of the local authority,
those functions delegated to the environmental improvement board under the Air Quality
Control Act, except any functions reserved exclusively for the environmental improvement
board; (2) create a local agency to administer and enforce the provisions of the Air Quality
Control Act within the boundaries of the local authority that shall, within the boundaries
of the local authority, perform all of the duties required of the department and exert
all of the powers granted to the department, except for those duties and powers reserved
exclusively for the department; and (3) provide for the appointment of a director who shall perform for the local authority
the same duties as required of the secretary under the Air Quality Control Act, except
the duties and powers reserved exclusively for the secretary. B. At least a majority of the members of a local board shall be individuals who represent
the public interest and do not derive any significant portion of their income from
persons subject to or who appear before the local board on issues related to the federal
act or the Air Quality Control Act. C. Prior to adopting any ordinance regulating air pollution, public hearings and consultations
shall be held as directed by the local authority adopting the ordinance. The provisions of any ordinance shall be consistent with the substantive provisions
of the Air Quality Control Act and shall provide for standards and regulations not
lower than those required by regulations adopted by the environmental improvement
board. D. Notwithstanding the provisions of Subsection A of this section, the environmental
improvement board and the secretary shall retain jurisdiction and control for the
administration and enforcement of the Air Quality Control Act as determined in that
act with respect to any act or failure to act, governmental or proprietary, of any
local authority that causes or contributes to air pollution, including proceeding
against a local authority as provided in Section 74-2-12 NMSA 1978 . “ Failure to act ”, as used in this section, includes failure to act against any person violating the
applicable ordinance or regulation adopted pursuant thereto. E. Any local authority that is located within a transportation-related pollutant nonattainment
area or maintenance area may provide for a vehicle emission inspection and maintenance
program for vehicles registered at an address within the jurisdiction of the local
authority and under twenty-six thousand pounds gross vehicle weight rating powered
by an internal combustion engine, which program shall be at least as stringent as
that required under the federal act or under federal air quality standards. Any two or more local authorities may adopt identical rules and regulations necessary
to implement the vehicle emission inspection and maintenance program, including examining
the alternatives of public or private operation of the program. F. Any local authority that has implemented a vehicle emission inspection and maintenance
program may extend the enforcement of that program by entering into joint powers agreements
with any municipality or county within the designated airshed or with the department. G. No tax shall be imposed to fund any vehicle emission inspection and maintenance
program until the local authority has submitted the question of imposition of a tax
to the registered voters of the local authority and those registered voters have approved
the imposition of the tax. H. A local authority having a vehicle emission inspection and maintenance program
shall conduct the vehicle emission inspection and maintenance program through a decentralized
privately owned and operated system unless air quality emissions result in automatic
implementation of another type of program under the terms of a contingency plan required
and approved by the United States environmental protection agency. The local authority shall set the emission inspection fee by ordinance. I. A local authority having a vehicle emission inspection and maintenance program
is authorized to adopt rules, regulations and guidelines governing the establishment
of private vehicle emission inspection and maintenance stations. No private vehicle emission inspection and maintenance station shall test vehicles
unless the station possesses a valid permit issued by the local agency. Permit fees shall be determined by ordinance of the local authority and shall not
exceed two hundred dollars ($200) per year per station. Additionally, a local authority may charge a permit fee of up to thirty-five dollars
($35.00) per year for each vehicle emissions mechanic and for each vehicle emissions
inspector. The imposition of permit fees does not require a vote of the registered voters of
the local authority. J. Before a local authority adopts an ordinance that is more stringent than the federal
act or applicable federal regulations, or that applies to sources not subject to regulation
pursuant to the federal act or regulations, the local authority shall make a determination,
based on substantial evidence and after notice and public hearing, that the proposed
ordinance will be more protective of public health and the environment.
Frequently Asked Questions About New Mexico § 74-2-4
What does New Mexico Statutes Annotated § 74-2-4 cover?
Section 74-2-4 ("Local authority") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 74-2-4?
A common citation format is "New Mexico Statutes Annotated § 74-2-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 74-2-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.