In 1994, the New Mexico State Legislature enacted the "Tire Recycling Act", NMSA 1978, Sections 74-11-1 to 17, (Repl. Pamp. 1993, & Cum. Supp. 1996), which provides for the recycling and disposal of scrap tires and the creation of the rubberized asphalt fund. This fund will pay for any additional expenses incurred by New Mexico municipalities and counties, when asphalt paving mixes utilizing scrap tires are used for road construction projects.
N.M. Admin. Code § 17.16.2.3