Board; duties.

A. The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate rules and standards in the following areas: (1) food protection; (2) water supply, including a capacity development program to assist water systems in acquiring and maintaining technical, managerial and financial capacity in accordance with Section 1420 of the federal Safe Drinking Water Act of 1974 and rules authorizing imposition of administrative penalties for enforcement; (3) liquid waste, including exclusive authority to establish on-site liquid waste system fees that are no more than the average charged by the contiguous states to New Mexico for similar permits and services and to implement and administer an inspection and permitting program for on-site liquid waste systems; (4) air quality management as provided in the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978]; (5) radiation control and establishment of license and registration and other related fees not to exceed fees charged by the United States nuclear regulatory commission for similar licenses as provided in the Radiation Protection Act [Chapter 74, Article 3 NMSA 1978]; (6) noise control; (7) nuisance abatement; (8) vector control; (9) occupational health and safety as provided in the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978]; (10) sanitation of public swimming pools and public baths; (11) plumbing, drainage, ventilation and sanitation of public buildings in the interest of public health; (12) medical radiation, health and safety certification and standards for radiologic technologists as provided in the Medical Imaging and Radiation Therapy Health and Safety Act [Chapter 61, Article 14E NMSA 1978]; (13) hazardous wastes and underground storage tanks as provided in the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978]; (14) solid waste as provided in the Solid Waste Act [74-9-1 NMSA 1978]; and (15) carbon intensity of transportation fuels as provided in Section 4 [74-1-18 NMSA 1978] of this 2024 act. B. Nothing in Subsection A of this section imposes requirements for the approval of subdivision plats in addition to those required elsewhere by law. Nothing in Subsection A of this section preempts the authority of any political subdivision to approve subdivision plats. C. Administrative penalties collected pursuant to Paragraph (2) of Subsection A of this section shall be deposited in the water conservation fund. D. On-site liquid waste system fees shall be deposited in the environmental health fund. E. Radiation license and registration and other related fees shall be deposited in the radiation protection fund.