PRC SUPPORT AGENCY

HJC/HB 70/a
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AN ACT
RELATING TO PUBLIC UTILITIES; DISTINGUISHING BETWEEN THE
PUBLIC REGULATION COMMISSION AND THE AGENCY THAT SUPPORTS THE
COMMISSION; CLARIFYING AGENCY STATUTORY DUTIES; REQUIRING
COMPLIANCE WITH THE GIFT ACT; MAKING OTHER CLARIFYING AND
CLEANUP CHANGES TO THE PUBLIC REGULATION COMMISSION ACT;
CREATING THE UTILITY OVERSIGHT FUND; CHANGING DISTRIBUTION OF
COLLECTED FEES AND PENALTIES; PROVIDING FOR THE ENFORCEMENT
OF FEES BY THE PUBLIC REGULATION COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 62-8-9 NMSA 1978 (being Laws 1957,
Chapter 25, Section 1, as amended) is amended to read:
"62-8-9. DISPOSITION OF FUNDS--INTEREST AND PENALTY ON
LATE PAYMENTS.--
A. All fees and money collected under the
provisions of the Public Utility Act, including fees provided
for in Section 62-13-2 NMSA 1978 and including fees and
charges for inspection and supervision, for stenographic
services and for transcripts of evidence, shall be remitted
by the commission to the state treasurer and credited to the
utility oversight fund not later than the day following
receipt. Payments provided for in the Public Utility Act
shall be obligatory upon all utilities subject to the Public
Utility Act.
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B. When a fee is not paid on the date it is due,
interest shall be paid to the state on the amount due. The
interest on the amount due shall start to accrue on the day
following the due date and will continue to accrue until the
total amount due is paid. The rate of interest on a late fee
payment shall be fifteen percent per year, computed at the
rate of one and one-fourth percent per month.
C. In addition to any interest due on a late fee
payment, a penalty shall be paid to the state for failure to
pay the fee when it was due. The penalty imposed shall be
two percent of the amount of the fee due.
D. The commission shall bring suit to collect
fees, interest and penalties that remain unpaid."
SECTION 2. Section 62-12-1 NMSA 1978 (being Laws 1941,
Chapter 84, Section 73) is amended to read:
"62-12-1. MANDAMUS--INJUNCTION--UTILITIES.--Whenever
the commission is of the opinion that any person or public
utility is failing or omitting or about to fail or omit to do
anything required of it by the Public Utility Act or by any
order of the commission or is doing or about to do anything
or permitting or about to permit anything to be done contrary
to or in violation of that act or of any order of the
commission, it may commence an action or proceeding in the
district court for the county of Santa Fe, or in the district
court of the county in which the complaint or controversy
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arose, in the name of the state of New Mexico for the purpose
of having the violations or threatened violations stopped and
prevented either by mandamus or injunction. The commission
shall begin an action or proceeding by petition to the court
alleging the violation or threatened violation complained of
and praying for appropriate relief by way of mandamus or
injunction. It is the duty of the court to specify a time,
not exceeding thirty days after the service of the copy of
the petition, within which the public utility or person
complained of must plead, and in the meantime the public
utility or person may for good cause shown be restrained. In
case of default, the court shall immediately inquire into the
facts and circumstances of the case. Such persons as the
court deems necessary or proper to be joined as parties, in
order to make its judgment, order or writ effective, may be
joined as parties. The final judgment in any such action or
proceeding shall either dismiss the action or proceeding or
direct that the writ of mandamus or injunction issue or be
made permanent as prayed for in the petition or in such
modified or other form as will afford appropriate relief. An
appeal may be taken as in other civil actions."
SECTION 3. A new section of the Public Utility Act is
enacted to read:
"UTILITY OVERSIGHT FUND.--The "utility oversight fund" is
created as a nonreverting fund in the state treasury. The
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fund consists of fees collected pursuant to Sections 62-8-8,
62-8-9 and 63-7-20 NMSA 1978, as well as appropriations,
gifts, grants and donations and earnings on investment of the
fund. The fund shall be administered by the commission.
Money in the fund is subject to appropriation by the
legislature to the commission to carry out the commission's
duties pursuant to the Public Utility Act. Disbursements
from the fund shall be made by warrant of the secretary of
finance and administration pursuant to vouchers issued and
signed by the chief financial officer of the commission or
the chief financial officer's authorized representative."
SECTION 4. Section 62-19-2 NMSA 1978 (being Laws 1998,
Chapter 108, Section 2, as amended) is amended to read:
"62-19-2. DEFINITIONS.--As used in the Public Regulation
Commission Act:
A. "agency" means the organization supporting the
commission, including all employees;
B. "commission" means the public regulation
commission created by Article 11, Section 1 of the
constitution of New Mexico;
C. "commissioner" means a person appointed to the
commission; and
D. "person" means an individual, corporation, firm,
partnership, association, joint venture or similar legal
entity."
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SECTION 5. Section 62-19-4 NMSA 1978 (being Laws 2020,
Chapter 9, Section 18) is amended to read:
"62-19-4. PUBLIC REGULATION COMMISSION NOMINATING
COMMITTEE.--
A. The "public regulation commission nominating
committee" is created and consists of seven members who are:
(1) knowledgeable about public utility
regulation;
(2) not employed by or on behalf of or have a
contract with a public utility that is regulated by the
commission;
(3) not applicants or nominees for a position
on the commission; and
(4) appointed as follows:
(a) four members appointed one each by the
speaker of the house of representatives, the minority floor
leader of the house of representatives, the president pro
tempore of the senate and the minority floor leader of the
senate, with no more than two members being from the same
political party;
(b) two members appointed one each by the
secretary of energy, minerals and natural resources and the
secretary of economic development; and
(c) one member who is a member of an
Indian nation, tribe or pueblo appointed by the governor.
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B. A committee member shall:
(1) be a resident of New Mexico;
(2) serve a four-year term; and
(3) serve without compensation, but shall be
reimbursed for expenses incurred in pursuit of the member's
duties on the committee pursuant to the Per Diem and Mileage
Act.
C. The committee and individual members shall be
subject to the Governmental Conduct Act, the Inspection of
Public Records Act, the Financial Disclosure Act and the Open
Meetings Act.
D. Administrative support shall be provided to the
committee by the agency.
E. Initial appointments to the committee shall be
made by the appointing authorities prior to July 1, 2022.
Subsequent appointments shall be made no later than thirty
days before the end of a term.
F. The first meeting of the appointed members of
the committee shall be held prior to September 1, 2022. The
committee shall select one member to be chair and one member
to be secretary. Following the first meeting, the committee
shall meet as often as necessary in order to submit a list to
the governor of no fewer than five qualified nominees for
appointment to the commission for the terms beginning January
1, 2023. The list shall be developed to provide geographical
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diversity, and nominees on the list shall be from at least
three different counties of the state.
G. Subsequent to January 1, 2023, the committee
shall meet at least ninety days prior to the date on which
the term of a commissioner ends and as often as necessary
thereafter in order to submit a list to the governor, at
least thirty days prior to the beginning of the new term, of
no fewer than two qualified nominees from diverse
geographical areas of the state for appointment to the
commission for each commissioner position term that is
ending.
H. Upon the occurrence of a vacancy in a
commissioner position, the committee shall meet within thirty
days of the date of the beginning of the vacancy and as often
as necessary thereafter in order to submit a list to the
governor, within sixty days of the first meeting after the
vacancy occurs, of no fewer than two qualified nominees from
diverse geographical areas of the state for appointment to
the commission to fill the remainder of the term of each
commissioner position that is vacant.
I. If a position on the committee becomes vacant
during a term, a successor shall be selected in the same
manner as the original appointment for that position and
shall serve for the remainder of the term of the position
vacated.
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J. The committee shall actively solicit, accept and
evaluate applications from qualified individuals for a
position on the commission and may require an applicant to
submit any information it deems relevant to the consideration
of the individual's application.
K. The committee shall select nominees for
submission to the governor who, in the committee's judgment,
are best qualified to serve as a member of the commission.
L. A majority vote of all members of the committee
in favor of a person is required for that person to be
included on the list of qualified nominees submitted to the
governor."
SECTION 6. Section 62-19-6 NMSA 1978 (being Laws 2013,
Chapter 64, Section 2, as amended) is amended to read:
"62-19-6. CONTINUING EDUCATION REQUIREMENTS FOR
COMMISSIONERS.--
A. A commissioner shall complete:
(1) at least six hours of ethics training at a
course provided in person or online by a post-secondary
educational institution in the first twelve-month period
after taking office and at least two hours of ethics training
conducted by a post-secondary educational institution or by a
provider of ethics training that is approved by the
professional licensing board by which a commissioner is
licensed in each subsequent twelve-month period that the
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commissioner serves in office; and
(2) at least thirty-two hours of continuing
education relevant to the work of the commission in each
twelve-month period that the commissioner serves in office.
B. Continuing education courses shall be endorsed
by the national association of regulatory utility
commissioners, by a post-secondary educational institution or
by a licensing or professional association for a qualifying
area of study.
C. A commissioner shall be responsible for having
the endorsing organization submit certification of completion
of the hours of education required pursuant to Subsection A
of this section to the chief of staff.
D. If a commissioner fails to comply with the
education requirements in Subsection A of this section by the
last day of a twelve-month period, the commissioner's
compensation for performing the duties of the office shall be
withheld by the agency until the requirements for the
preceding twelve-month period or periods have been met."
SECTION 7. Section 62-19-8 NMSA 1978 (being Laws 1998,
Chapter 108, Section 19, as amended) is amended to read:
"62-19-8. PROHIBITED ACTS--NOMINEES--COMMISSIONERS AND
EMPLOYEES.--
A. As used in this section, in addition to the
definitions provided in Section 62-19-2 NMSA 1978:
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(1) "affiliated interest" means a person who
directly controls or is controlled by or is under common
control with a regulated entity, including an agent,
representative, attorney, employee, officer, owner, director
or partner of an affiliated interest. For the purposes of
this definition, "control" includes the possession of the
power to direct or cause the direction of the management and
policies of a person, whether directly or indirectly, through
the ownership, control or holding with the power to vote of
ten percent or more of the person's voting securities;
(2) "intervenor" means a person who is
intervening as a party in an adjudicatory matter before the
commission or has intervened in an adjudicatory matter before
the commission within the preceding twenty-four months,
including an agent, representative, attorney, employee,
officer, owner, director, partner or member of an intervenor;
(3) "pecuniary interest" includes owning or
controlling securities; serving as an officer, director,
partner, owner, employee, attorney or consultant; or
otherwise benefiting from a business relationship.
"Pecuniary interest" does not include an investment in a
mutual fund or similar third-party-controlled investment,
pension or disability benefits or an interest in capital
credits of a rural electric cooperative or telephone
cooperative because of current or past patronage; and
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(4) "regulated entity" means a person whose
charges for services to the public are regulated by the
commission and includes any direct or emerging competitors of
a regulated entity and includes an agent, representative,
attorney, employee, officer, owner, director or partner of
the regulated entity.
B. In addition to the requirements of the Financial
Disclosure Act and the Governmental Conduct Act, nominees for
appointment to the commission, commissioners and employees of
the agency shall comply with the requirements of the Public
Regulation Commission Act, as applicable.
C. A nominee for appointment to the commission
shall not solicit or accept anything of value, either
directly or indirectly, from a person whose charges for
services to the public are regulated by the commission. For
the purposes of this subsection, "anything of value" includes
money, in-kind contributions and volunteer services to the
nominee or the nominee's organization, but does not include
pension or disability benefits.
D. Commissioners and employees of the agency shall
comply with the provisions of the Gift Act.
E. After leaving the commission:
(1) a former commissioner shall not be employed
or retained in a position that requires appearances before
the commission by a regulated entity, affiliated interest or
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intervenor within two years of the former commissioner's
separation from the commission;
(2) a former employee shall not appear before
the commission representing a party to an adjudication or a
participant in a rulemaking within one year of ceasing to be
an employee; and
(3) a former commissioner or employee shall not
represent a party before the commission or a court in a
matter that was pending before the commission while the
commissioner or employee was associated with the commission
and in which the former commissioner or employee was
personally and substantially involved in the matter.
F. The attorney general or a district attorney may
institute a civil action in the district court for Santa Fe
county or, in the attorney general's or a district attorney's
discretion, the district court for the county in which a
defendant resides if a violation of this section has occurred
or to prevent a violation of this section. A civil penalty
may be assessed in the amount of two hundred fifty dollars
($250) for each violation, not to exceed five thousand
dollars ($5,000)."
SECTION 8. Section 62-19-9 NMSA 1978 (being Laws 1998,
Chapter 108, Section 4) is amended to read:
"62-19-9. COMMISSION--GENERAL POWERS AND DUTIES.--
A. The commission shall:
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(1) administer and enforce the laws with which
it is charged and has every power conferred by law;
(2) appoint a chief of staff;
(3) prepare an annual budget for submission to
the legislature;
(4) adopt rules to streamline the resolution of
cases before it when appropriate by:
(a) the use of hearing examiners;
(b) the taking of evidence with the least
delay practicable;
(c) limiting repetitious testimony; and
(d) adopting procedures for resolving
cases in ways other than by trial-type hearings when
appropriate, including consent calendars, paper hearings,
conferences, settlements, mediation, arbitration and other
alternative dispute resolution methods and the use of agency
staff decisions;
(5) provide a toll-free telephone number and
publish it on the agency website; and
(6) resolve all complaints regarding
telecommunications providers within sixty days unless
extended for good cause by an order of the commission or
hearing examiner that states with specificity the reason for
and length of the extension.
B. The commission may:
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(1) delegate authority as it deems necessary
and appropriate, clearly delineating such delegated authority
and any limitations;
(2) take administrative action by issuing
orders not inconsistent with law to assure implementation of
and compliance with the provisions of law for which the
commission is responsible and to enforce those orders by
appropriate administrative action and court proceedings;
(3) conduct investigations as necessary to
carry out the commission's responsibilities;
(4) adopt such reasonable administrative,
regulatory and procedural rules as may be necessary or
appropriate to carry out its powers and duties;
(5) cooperate with tribal and pueblo
governments on topics over which the commission and the other
governments have jurisdiction and conduct joint
investigations, hold joint hearings and issue joint or
concurrent orders as appropriate; and
(6) apply to the district court for injunctions
to prevent violations of any laws that it administers or
rules or orders adopted pursuant to those laws.
C. A majority of the commission constitutes a
quorum for the transaction of business; provided, however,
that a majority vote of the commission is needed for a final
decision of the commission."
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SECTION 9. Section 62-19-20 NMSA 1978 (being Laws 1998,
Chapter 108, Section 14, as amended) is amended to read:
"62-19-20. HEARING EXAMINERS.--
A. The commission may appoint a commissioner or a
hearing examiner to preside over any matter before the
commission, including rulemakings, adjudicatory hearings and
administrative matters. Hearing examiners shall conduct
proceedings and issue findings and recommendations based
solely on the record and applicable law, free from improper
influence, interference or pressure from any source within or
outside the commission.
B. A hearing examiner shall provide the commission
with a written recommendation on the matter assigned to the
hearing examiner, including findings of fact and conclusions
of law. A written recommendation shall be provided to the
parties, and they may file exceptions to the written
recommendation prior to the final decision of the commission.
C. When the commission has appointed a hearing
examiner to preside over a matter, at least one member of the
commission shall, at the request of a party to the
proceedings, attend oral argument."
SECTION 10. Section 62-19-21 NMSA 1978 (being Laws 1998,
Chapter 108, Section 15, as amended) is amended to read:
"62-19-21. COMMISSION RULES.--Unless otherwise provided
by law, rules shall be adopted, amended or repealed in
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accordance with the State Rules Act."
SECTION 11. Section 62-19-22 NMSA 1978 (being Laws 1998,
Chapter 108, Section 16) is amended to read:
"62-19-22. RECORD OF PROCEEDINGS.--Unless otherwise
provided by law, the commission may by rule provide that oral
proceedings before the commission may be taken by any means
that provides a full and complete record, including tape
recording or stenography. The commission by rule shall
determine when tape recordings are transcribed. A party to
the proceeding may request a copy of a tape recording or a
written transcript if one is provided. The agency may charge
a reasonable fee for a copy of a proceeding. Copy costs
shall be determined by the commission by rule and money
collected shall be deposited in the utility oversight fund."
SECTION 12. Section 62-19-23 NMSA 1978 (being Laws 1998,
Chapter 108, Section 17, as amended) is amended to read:
"62-19-23. EX PARTE AND PERMITTED COMMUNICATIONS.--
A. A commissioner shall not initiate, permit or
consider a communication directly or indirectly with a party
or the party's representative outside the presence of the
other parties concerning a pending rulemaking after the
record has been closed or a pending adjudication.
B. A hearing examiner shall not initiate, permit or
consider a communication directly or indirectly with a party
or the party's representative outside the presence of the
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other parties concerning a pending rulemaking or
adjudication.
C. Notwithstanding the provisions of Subsections A
and B of this section, the following ex parte communications
are permitted:
(1) where circumstances require, ex parte
communications for procedural or administrative purposes or
emergencies that do not deal with substantive matters or
issues on the merits are allowed if the commissioner or
hearing examiner reasonably believes that no party will gain
an advantage as a result of the ex parte communication and
the commissioner or hearing examiner makes provision to
promptly notify all other parties of the substance of the ex
parte communication;
(2) a commissioner may consult with another
commissioner, subject to the requirements of the Open
Meetings Act, or with advisory staff whose function is to
advise the commission in carrying out the commissioner's
rulemaking or adjudicative responsibilities;
(3) a hearing examiner may consult with the
commission's advisory staff;
(4) a commissioner or hearing examiner may
obtain the advice of a nonparty expert on an issue raised in
the rulemaking or adjudication if the commissioner or hearing
examiner gives notice to the parties of the person consulted
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and the substance of the advice and affords the parties
reasonable opportunity to respond; and
(5) pursuant to the commission's rulemaking
authority, a party to a proceeding may consult with the
commission's advisory staff.
D. A commissioner or hearing examiner who receives
or who makes or knowingly causes to be made a communication
prohibited by this section shall disclose it to all parties
and give other parties an opportunity to respond.
E. Upon receipt of a communication knowingly made
or caused to be made by a party to a commissioner or hearing
examiner in violation of this section, the commissioner or
hearing examiner may, to the extent consistent with the
interests of justice and the policy of the underlying
statutes, require the party to show cause why the party's
claim or interest in the proceeding should not be dismissed,
denied, disregarded or otherwise adversely affected on
account of the violation of this section."
SECTION 13. Section 62-19-24 NMSA 1978 (being Laws 1998,
Chapter 108, Section 20) is amended to read:
"62-19-24. COMMISSION REPORTS.--By May 1 of each year,
the commission shall report to the legislature and the
governor regarding its activities for the previous year in
sufficient detail to disclose the workings of the commission
and the impact of regulation on the industries regulated by
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the commission. The report shall include information on
consumer complaints and their status. The report may include
suggestions and recommended changes in law, as the commission
deems appropriate, that would be in the public interest."
SECTION 14. A new section of the Public Regulation
Commission Act is enacted to read:
"CHIEF OF STAFF.--
A. The chief of staff shall serve at the pleasure
of the commission and act consistent with its goals,
decisions and directives.
B. The chief of staff shall:
(1) be responsible for the day-to-day
operations of the agency;
(2) ensure that the agency carries out all
duties and responsibilities with which it is charged by law;
(3) supervise and direct the staff and
operations of the agency;
(4) assign such personnel as are necessary to:
(a) serve as public interest advocacy
staff to the commission in the regulation of electric,
natural gas, renewable energy sources, telecommunications and
water and wastewater systems as provided by law. The staff
may present testimony and evidence, cross-examine witnesses
and partner and collaborate with other stakeholders in
furtherance of the advocacy staff's views on how the
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commission should fulfill its responsibility to balance the
public interest, consumer interest and investor interest;
(b) serve as advisory staff to advise and
assist the commission on any matter before the commission;
provided that the advisory staff may have expertise in law,
engineering, economics or other professional or technical
disciplines;
(c) receive and investigate nondocketed
consumer complaints and assist consumers in resolving, in a
fair and timely manner, complaints against a person under the
authority of the commission, including mediation and other
methods of alternative dispute resolution; provided that
assistance pursuant to this subparagraph does not include
legal representation of a private complainant in an
adjudicatory proceeding;
(d) consult with other state agencies as
needed to ensure fair and timely resolution of consumer
complaints;
(e) advise the commission on how to
maximize public participation in commission proceedings,
including ways to eliminate language, disability and other
barriers;
(f) identify, research and advise the
commission on consumer issues;
(g) assist the commission in the
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development and implementation of consumer policies and
programs;
(h) record, for the purpose of determining
general concerns of consumers, all complaints with regard to
quality or quantity of service provided by a regulated entity
or its competitors;
(i) review disputes between
telecommunications providers;
(j) investigate each complaint regarding a
telecommunications provider on an expedited basis;
(k) address other
telecommunications-related duties as required by the New
Mexico Telecommunications Act and the commission;
(l) recommend telecommunications-related
actions to the commission;
(m) record the judgments, rules, orders
and other proceedings of the commission and make a complete
index to the judgments, rules, orders and other proceedings;
(n) issue and attest all processes issuing
from the commission and affix the seal of the commission to
them;
(o) preserve the seal and other property
belonging to the agency;
(p) perform other agency duties and
responsibilities; and
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(q) carry out the provisions of the
Pipeline Safety Act;
(5) organize the agency into organizational
units as necessary to enable it to function most efficiently;
and
(6) appoint a professional engineer who shall
have at least five years' experience in the design,
construction, maintenance and operation of oil or gas
pipeline facilities, who shall be designated pipeline safety
engineer for the purposes of the Pipeline Safety Act.
C. The chief of staff may:
(1) employ such professional, technical and
clerical assistance as is necessary to assist the agency and
commission in performing their powers and duties;
(2) hire on a temporary, term or contract basis
such other experts or staff as the commission requires for a
particular case;
(3) retain competent attorneys to give advice,
counsel and representation in all legal matters of the
commission and agency;
(4) set minimum educational and experience
requirements for all staff positions;
(5) conduct research and studies to improve the
agency's operations or the provision of services to the
residents of New Mexico;
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(6) apply for and accept grants and donations
in the name of the state to carry out the agency's powers and
duties; and
(7) enter into contracts on behalf of the
agency."
SECTION 15. Section 63-7-21 NMSA 1978 (being Laws 1951,
Chapter 194, Section 2, as amended) is amended to read:
"63-7-21. DISPOSITION OF FEES.--All money collected
under the provisions of Section 63-7-20 NMSA 1978 shall be
deposited with the state treasurer and shall be credited to
the utility oversight fund."
SECTION 16. Section 70-3-2 NMSA 1978 (being Laws 1953,
Chapter 42, Section 3, as amended) is amended to read:
"70-3-2. LICENSE--FEES--DISPOSITION.--An operator of a
pipeline operated in the state for the transportation of
crude oil, natural gas or the products derived from either
shall, during the month of July, obtain a license for the
operation of the pipeline. Application for a license shall
be made upon a form to be provided by the public regulation
commission and shall be accompanied by the license fee
determined as provided in this section. On receipt of the
application and license fee, the public regulation commission
shall issue a license to the applicant for the current fiscal
year. All license fees collected shall be paid to the state
treasurer and credited to the utility oversight fund.
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SCHEDULE OF ANNUAL LICENSE FEES
A. A person transporting natural gas or natural gas
products by pipeline in New Mexico and operating a pipeline
and appurtenant facilities within New Mexico shall pay an
annual license fee of five hundred dollars ($500) at the time
of making the application required by this section. An
additional fee shall be paid, measured by the aggregate
installed rated horsepower of compression facilities located
within New Mexico and operated by the licensee, in accordance
with the following schedule:
(1) not exceeding ten thousand horsepower, the
minimum fee with no additional fee;
(2) more than ten thousand horsepower and not
more than thirty thousand horsepower, the minimum fee plus
two thousand two hundred seventy-five dollars ($2,275);
(3) more than thirty thousand horsepower and
not more than fifty thousand horsepower, the minimum fee plus
four thousand dollars ($4,000);
(4) more than fifty thousand horsepower and not
more than seventy-five thousand horsepower, the minimum fee
plus five thousand dollars ($5,000);
(5) more than seventy-five thousand horsepower
and not more than one hundred thousand horsepower, the
minimum fee plus five thousand five hundred dollars ($5,500);
and
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(6) more than one hundred thousand horsepower,
the minimum fee plus five thousand nine hundred twenty-five
dollars ($5,925) and plus seventy-five dollars ($75.00)
additional for each ten thousand horsepower or fraction
thereof in excess of one hundred thousand horsepower.
B. An operator of a pipeline for the transportation
of oil or its products shall pay a basic fee of five hundred
dollars ($500) plus fees based on the number of miles of
pipeline operated in New Mexico, computed in accordance with
the following schedule:
(1) for all lines up to and including eight
inches in diameter:
(a) thirteen dollars ($13.00) per mile for
the first fifty miles;
(b) seven dollars ($7.00) per mile for the
next twenty-five miles;
(c) four dollars ($4.00) per mile for the
next twenty-five miles; and
(d) one dollar ($1.00) per mile for each
mile in excess of one hundred miles; and
(2) for all lines more than eight inches in
diameter:
(a) eighteen dollars ($18.00) per mile for
the first twenty-five miles;
(b) thirteen dollars ($13.00) per mile for
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the next twenty-five miles;
(c) nine dollars ($9.00) per mile for the
next twenty-five miles;
(d) six dollars ($6.00) per mile for the
next twenty-five miles; and
(e) two dollars ($2.00) per mile for each
mile in excess of one hundred miles.
C. For the purposes of determining the license fees
payable under the provisions of Subsection B of this section,
any pipeline owned by two or more persons shall be considered
to be a separate pipeline operation to be licensed as such in
the name of the operator or owners thereof. The basic fee to
be paid in the licensing of such lines under the fee schedule
provided in Subsection B of this section shall be:
(1) five hundred dollars ($500) on lines less
than twenty inches in diameter; and
(2) eight hundred fifty dollars ($850) on lines
twenty inches or more in diameter."
SECTION 17. REPEAL.--Sections 62-19-11 through 62-19-19
and 70-3-20 NMSA 1978 (being Laws 1998, Chapter 108, Sections
5 through 8 and 10; Laws 2023, Chapter 100, Section 19; Laws
1998, Chapter 108, Section 12; Laws 2000, Chapter 100,
Section 1 and Laws 2000, Chapter 102, Section 1; Laws 1998,
Chapter 108, Section 13; and Laws 1969, Chapter 71, Section
10, as amended) are repealed.
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SECTION 18. EFFECTIVE DATE.--The effective date of
Section 15 of this act is July 1, 2027.