New Mexico Statutes

N.M. Stat. § 9-7A-4 (2026)

Department established

✓ laws through the 2025 session (retrieved May 2026)
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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 of the health and environment department shall be construed to mean the department. All references to the director of the environmental improvement division shall be construed to mean the secretary. The department shall consist of the staff of the environmental improvement division and such other powers, duties and personnel of the former health and environment department as may be assigned by the governor pursuant to executive order.

History: Laws 1991, ch. 25, § 4; 2005, ch. 110, § 4.

ANNOTATIONS

Cross references. — For environmental improvement generally, see Chapter 74 NMSA 1978.

For powers of environmental improvement department, see 74-1-6 NMSA 1978 et seq.

For the Rural Infrastructure Act, see 75-1-1 NMSA 1978 et seq. The 2005 amendment, effective June 17, 2005, creates the information technology division within the department of environment.

Notes of Decisions
Cited in 3 cases, 1993–2011 · leading case: New Energy Econ., Inc. v. Martinez, 2011-NMSC-006, 247 P.3d 286.
New Energy Econ., Inc. v. Martinez, 2011-NMSC-006, 247 P.3d 286. · cites it 2× “EIB POWERS AND DUTIES THAT ARE INDEPENDENT OF THE GOVERNOR {14} The Legislature created the Department of Environment in the executive branch under Section 9-7A-4 of the Department of Environment Act.”
Joab, Inc. v. Espinosa, 865 P.2d 1198 (N.M. Ct. App. 1993). · cites it 2× “See NMSA 1978, § 9-7A-4 (Repl.Pamp.1991). The applicable Solid Waste Management Regulations are those filed in April 1989.”
Gila Resources Info. Proj. v. New Mexico Water Quality Control Comm'n, 2005-NMCA-139, 124 P.3d 1164. “§ 9-7A-4. The administrative head of the Department is the secretary of environment (the Secretary).”
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