New Mexico Statutes

N.M. Stat. § 74-1-4 (2026)

Environmental improvement board; creation; organization

✓ current as of May 2026

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A. There is created the "environmental improvement board". The board shall consist of seven members appointed by the governor, by and with the advice and consent of the senate. The members of the board shall be appointed for overlapping terms, with no term exceeding five years. No more than four members shall be appointed from any political party. At least a majority of the membership of the 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 board on issues related to the federal Clean Air Act or the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978]. Any vacancy occurring in the membership of the board shall be filled by appointment by the governor for the unexpired term.

B. The members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

C. The board shall elect from its membership a chairman, vice chairman and secretary and shall establish the tenure of these offices. The board shall convene upon the call of the chairman or a majority of its members. Four members shall constitute a quorum. History: 1953 Comp., § 12-19-5, enacted by Laws 1971, ch. 277, § 5; recompiled as 1953 Comp., § 12-12-5 by Laws 1972, ch. 51, § 9; 1990, ch. 31, § 1; 1997, ch. 139, § 4; 2001, ch. 145, § 1.

ANNOTATIONS

Cross references. — For exemption of environmental improvement board from authority of secretary of environment, see 9-7A-12 NMSA 1978.

For the federal Clean Air Act, see 42 U.S.C. § 7401 et seq.

The 2001 amendment, effective June 15, 2001, in Subsection A, increased the membership of the board from five to seven members; and increased the number of members that may be appointed from any political party from three to four; and in Subsection C, inserted the last sentence.

The 1997 amendment, effective June 20, 1997, in Subsection A, added the first sentence and deleted "42 U.S.C. Sections 7401 et seq." following "federal Clean Air Act" in the next-to-last sentence.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Health and Environment § 133.

Notes of Decisions

Cited in 6 cases, 1981–2012 · leading case: New Energy Econ., Inc. v. Martinez, 2011 NMSC 6 (N.M. 2011).

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New Energy Econ., Inc. v. Martinez, 2011 NMSC 6 (N.M. 2011). · cites it 2× “By contrast, under Section 74-1-4 of the Environmental Improvement Act, the Legislature created the EIB.”

Kerr-McGee Nuclear Corp. v. New Mexico Water Quality Control Comm'n, 647 P.2d 873 (N.M. Ct. App. 1982). · cites it 2× “Section 74-1-4, N.M.S.A.1978 (Repl.1981).”

New Energy Econ. v. Vanzi, 2012 NMSC 5 (N.M. 2012). · cites it 2× “See NMSA 1978, § 74-1-4(A) (2001) (The governor appoints EIB members.”

Kerr-McGee Nuclear Corp. v. New Mexico Env't Improvement Bd., 637 P.2d 38 (N.M. Ct. App. 1981). “EIB was appointed by the Governor with the advice and consent of the Senate, § 74-1-4, without a staff of its own. EIB had to be responsible for environmental management and consumer protection of this generation as well as those yet unborn.”

Kerr-mcgee Nuc. Corp. v. New Mex. Env. Imp., 637 P.2d 38 (N.M. Ct. App. 1981). “EIB was appointed by the Governor with the advice and consent of the Senate, § 74-1-4, without a staff of its own. EIB had to be responsible for environmental management and consumer protection of this generation as well as those yet unborn.”

Interstate Nuclear Servs. Corp. v. City of Santa Fe, 179 F. Supp. 2d 1253 (D.N.M. 2000). · cites it 2× “NMSA 1978, § 74-1-4 (1993). The EIB is the state’s radiation consultant and is statutorily required to “promulgate all regulations applying to persons and entities outside of the agency” for “liquid waste,” “water supply,” “hazardous wastes and underground storage tanks.”

— N.M. Stat. § 74-1-4(A) — 1 case

New Energy Econ. v. Vanzi, 2012 NMSC 5 (N.M. 2012). “See NMSA 1978, § 74-1-4(A) (2001) (The governor appoints EIB members.”

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