Sections 1 through 12 [9-7A-1 to 9-7A-12 NMSA 1978] of this act may be cited as the “Department of Environment Act”. History: Laws 1991, ch. 25, § 1. ANNOTATIONS Emergency clauses. — Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
A. Advisory committees may be created. “Advisory” means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting […]
A. The department is authorized to cooperate with the federal government in the administration of environmental programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement environmental […]
The environmental improvement board shall receive staff support from the department. All powers, duties and responsibilities of the environmental improvement board under Sections 25-1-1 through 25-1-14, 25-2-1 through 25-2-19, 25-5-1 through 25-5-9, 50-9-1, through 50-9-25, 74-1-1 through 74-1-11, 74-2-1 through 74-2-17, 74-3-1 through 74-3-16, 74-4-1 through 74-4-13, 74-4A-1 through 74-4A-19, 74-6B-1 through 74-6B-11 [repealed], 74-7-1 […]
The water quality control commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the water quality control commission under Sections 47-6-11, 74-6-3 through 74-6-8, 74-6-10 and 74-6-12 NMSA 1978 are hereby explicitly exempted from the authority of the secretary under provisions of Subsection B of Section 6 [9-7A-6 […]
The occupational health and safety review commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the occupational health and safety review commission under Sections 50-9-9, 50-9-17 and 50-9-24 NMSA 1978 are hereby explicitly exempted from the authority of the secretary under provisions of Subsection B of Section 6 […]
A. The “wastewater technical advisory committee” is created. The committee shall consist of five members to be appointed by and to serve at the pleasure of the secretary of environment. The members shall include: (1) a wastewater treatment system engineer with at least ten years of experience in wastewater system design and construction; (2) a […]
As used in the Department of Environment Act: A. “board” means the environmental improvement board; B. “department” means the department of environment created under the Department of Environment Act; and C. “secretary” means the secretary of environment. History: Laws 1991, ch. 25, § 2. ANNOTATIONS Emergency clauses. — Laws 1991, ch. 25, § 38 contained […]
The purpose of the Department of Environment Act is to establish a single department to administer the laws and exercise the functions relating to the environment formerly administered and exercised by the health and environment department. History: Laws 1991, ch. 25, § 3. ANNOTATIONS Emergency clauses. — Laws 1991, ch. 25, § 38 contained an […]
There is created in the executive branch the “department of environment”. The department shall be a cabinet department and shall include, but not be limited to, an information technology division and the programs and functions of the environmental improvement division. All references in the law to the environmental improvement agency or the environmental improvement division […]
A. The administrative head of the department is the “secretary of environment”, who shall be appointed by the governor with the consent of the senate and shall serve in the executive cabinet. B. The secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to […]
A. The secretary is responsible to the governor for the operation of the department. It is his duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged. B. To perform his duties, the secretary has every power expressly enumerated in the laws, […]
Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and he shall retain the final […]
The secretary shall appoint with the approval of the governor “directors” of divisions established within the department. The positions so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 1991, ch. 25, § 8. ANNOTATIONS Emergency clauses. — Laws 1991, ch. 25, § 38 contained an emergency clause and […]
The secretary shall establish within each division such “bureaus” as he deems necessary to carry out the provisions of the Department of Environment Act. He shall employ a “chief” to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, […]
