N.M. Stat. § 74-2-5.1
Duties and powers of the department and the local
agency.
The department and the local agency for their respective jurisdictions shall:
A. develop facts and make investigations and studies consistent with the Air Quality
Control Act and, as required for enforcement of that act, enter at all reasonable times in
or upon any private or public property, except private residences, that the department or
the local agency has reasonable cause to believe is or will become a source
contributing to air pollution and require the production of information relating to
emissions that cause or contribute to air pollution. The results of any such investigations
shall be reduced to writing if any enforcement action is contemplated, and a copy shall
be furnished to the owner or occupants of the premises before the action is filed;
B. institute legal proceedings to compel compliance with the Air Quality Control Act
or any regulation of the environmental improvement board or the local board;
C. encourage and make every reasonable effort to obtain voluntary cooperation by
the owner or occupants to preserve, restore or improve air purity;
D. consult with any person proposing to construct, install or otherwise acquire an air
contaminant source, device, system or control mechanism concerning the efficiency of
the device, system or mechanism or the air pollution problem that may be related to the
source, device, system or mechanism; provided that consultation shall not relieve any
person from compliance with the Air Quality Control Act, regulations in force pursuant to
that act or any other provision of law;
E. establish a small business stationary source technical and environmental
compliance assistance program, consistent with the provisions of Section 507 of the
federal act;
F. accept, receive and administer grants or other funds or gifts from public and
private agencies, including the federal government, or from any person;
G. classify and record air contaminant sources that, in its judgment, may cause or
contribute to air pollution, according to levels and types of emissions and other
characteristics that relate to air pollution; provided, classifications may be for application
to the entire geographical area of the department's responsibility or the local authority's
responsibility or to any designated portion of that area and shall be made with special
reference to the effects on health, economic and social factors and physical effects on
property; and
H. develop and present to the environmental improvement board or the local board
a plan for the regulation, control, prevention or abatement of air pollution, recognizing
the differences, needs, requirements and conditions in the different portions of the
geographical area of the department's responsibility or the local authority's
responsibility.