PRC SUPPORT AGENCY, the official text

HOUSE BILL 70

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Kristina Ortez and Mimi Stewart

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.

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 [attorney general, in the name of the state]
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 [shall be] 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 [this] the Public Utility Act
or by any order of the commission or is doing [anything] or
about to do anything or permitting [anything] or about to
permit anything to be done contrary to or in violation of
[this] that act or of any order of the commission, it may
[direct the attorney general of New Mexico to] commence an
action or proceeding in the district court [in and] for the
county of Santa Fe, or in the district court of the county in
which the complaint or controversy arose, in the name of the
state of New Mexico for the purpose of having [such] the
violations or threatened violations stopped and prevented
either by mandamus or injunction. The [attorney general of New
Mexico] commission shall [thereupon] begin [such] an action or
proceeding by petition to [such] the court alleging the
violation or threatened violation complained of and praying for
appropriate relief by way of mandamus or injunction. It [shall
thereupon be] 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 [said] 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 [corporations or] persons as
the court [may deem] 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:

"[NEW MATERIAL] UTILITY OVERSIGHT FUND.--The "utility
oversight fund" is created as a nonreverting fund in the state
treasury. The 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;

[A.] B. "commission" means the public regulation
commission created by Article 11, Section 1 of the constitution
of New Mexico;

[B.] C. "commissioner" means a person appointed to
the [public regulation] commission; and

[C.] D. "person" means an individual, corporation,
firm, partnership, association, joint venture or similar legal
entity."

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.

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 [staff of the commission] 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
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.

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. [Beginning July 1, 2013] A commissioner shall
complete:

(1) [an] at least six hours of ethics
[certificate] training at a course provided in person or online
by a [New Mexico public] post-secondary educational institution
in the first twelve-month period after taking office and at
least [one two-hour ethics course] 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
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 [the
relevant] a licensing or professional association for a
qualifying area of study. [for degree holders pursuant to this
section.

B.] 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 [commission's] chief of staff.

[C.] 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 [commission] 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 [16 of this 2020 act] 62-19-2
NMSA 1978:

(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 [or commenting
in a rulemaking pending] before the commission or has
intervened in an adjudicatory [or rulemaking] 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

(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 [commission] 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. A commissioner or employee of the commission
shall not:

(1) accept anything of value from a regulated
entity, affiliated interest or intervenor. For the purposes of
this paragraph, "anything of value" does not include:

(a) the cost of refreshments totaling no
more than five dollars ($5.00) a day or refreshments at a
public reception or other public social function that are
available to all guests equally;

(b) inexpensive promotional items that are
available to all customers of the regulated entity, affiliated
interest or intervenor; or

(c) pension or disability benefits received
from a regulated entity, affiliated interest or intervenor;

(2) have a pecuniary interest in a regulated
entity, affiliated interest or intervenor, and if a pecuniary
interest in an intervenor develops, the commissioner or
employee shall divest that interest or self recuse from the
proceeding with the intervenor interest; or

(3) solicit any regulated entity, affiliated
interest or intervenor to appoint a person to a position or
employment in any capacity.]

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
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:

(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:

[(1) subject to legislative appropriation,
appoint and employ such professional, technical and clerical
assistance as it deems necessary to assist it in performing its
powers and duties;

(2)] (1) delegate authority [to subordinates] as
it deems necessary and appropriate, clearly delineating such
delegated authority and any limitations;

[(3) retain competent attorneys to handle the
legal matters of the commission and give advice and counsel in
regard to any matter connected with the duties of the
commission and, in the discretion of the commission, to
represent the commission in any legal proceeding;

(4) organize into organizational units as
necessary to enable it to function most efficiently, subject to
provisions of law requiring or establishing specific
organizational units;

(5)] (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;

[(6) conduct research and studies to improve the
commission's operations or the provision of services to the
citizens of New Mexico;

(7)] (3) conduct investigations as necessary to
carry out the commission's responsibilities;

[(8) apply for and accept grants and donations
in the name of the state to carry out its powers and duties;

(9) enter into contracts to carry out its powers
and duties;

(10)] (4) adopt such reasonable administrative,
regulatory and procedural rules as may be necessary or
appropriate to carry out its powers and duties;

[(11)] (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

[(12)] (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. The commission shall:

(1) prepare an annual budget for submission to
the legislature;

(2) provide for surety bond coverage for all
employees of the commission as provided in the Surety Bond Act
and pay the costs of such bonds;

(3) 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, conferences, settlements,
mediation, arbitration and other alternative dispute resolution
methods and the use of staff decisions; and

(4) provide a toll-free telephone number and
publish it and the commission's general telephone number in
local telephone directories.

D.] 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."

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.

B. A hearing examiner [shall] may provide the
commission with a [recommended decision] written recommendation
on the matter assigned to the hearing examiner, including
findings of fact and conclusions of law. [The recommended
decision] A written recommendation shall be provided to the
parties, and they may file exceptions to the [decision] 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 [PROCEDURES FOR ADOPTION].--

[A. Unless otherwise provided by law, no rule
affecting a person outside the commission shall be adopted,
amended or repealed except after public notice and public
hearing before the commission or a hearing examiner designated
by the commission.

B. Notice of the subject matter of the rule, the
action proposed to be taken, the manner in which interested
persons may present their views and the method by which copies
of the proposed rule, amendment or repealing provisions may be
obtained shall be published at least once at least thirty days
prior to the hearing date in the New Mexico register and two
newspapers of general circulation in the state and mailed at
least thirty days prior to the hearing date to all persons who
have made a written request for advance notice. For each rule,
amendment or repealing provision that affects only one or a
limited number of municipalities, towns, villages or counties,
notice shall be published in the largest circulation newspaper
published and distributed locally in those areas as well as in
a newspaper of general circulation in the state. Additional
notice may be made by posting on the internet or by using other
alternative methods of informing interested persons.

C. If the commission finds that immediate adoption,
amendment or suspension of a rule is necessary for the
preservation of the public peace, health, safety or general
welfare, the commission may dispense with notice and public
hearing and adopt, amend or suspend the rule as an emergency.
The commission's finding of why an emergency exists shall be
incorporated in the emergency rule, amendment or suspension
filed with the state records center. Upon adoption of an
emergency rule that is intended to remain in effect for longer
than sixty days, notice shall be given within seven days of
filing the rule as required in this section for proposed rules.

D. The commission shall issue a rule within eighteen
months following the publication of that proposed rule or it
shall be deemed to be withdrawn. The commission may propose
the same or revised rule in a subsequent rulemaking.

E. All rules shall be filed in accordance with the
State Rules Act. Emergency rules shall be effective on the
date the rules are filed with the state records center. All
other rules shall be effective fifteen days after filing,
unless a later date is provided by the rule.] Unless otherwise
provided by law, rules shall be adopted, amended or repealed in
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 [commission] 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 [general] 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] PROHIBITED AND PERMITTED
COMMUNICATIONS.--

A. A commissioner shall not initiate, permit or
consider a communication directly or indirectly with a party or
[his] 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
[his] the party's representative outside the presence of the
other parties concerning a pending rulemaking or adjudication.

C. A commissioner or hearing examiner who receives or
who makes or knowingly causes to be made a communication
prohibited by Subsection A or B of this section shall promptly
notify all other parties of the substance of the communication
and provide other parties an opportunity to respond.

[C.] D. 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 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
commissioners and 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
and the substance of the advice and affords the parties
reasonable opportunity to respond; and

(5) pursuant to the [public regulation]
commission's rulemaking authority a party to a proceeding may
consult with the commission's advisory staff. [By July 1,
2004, the commission shall establish such rules.

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 [his] 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 [December] 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 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:

"[NEW MATERIAL] 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 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 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

(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) employ such personnel as are necessary to
study, testify and serve as advocacy staff with respect to the
interests of the residential and small business ratepayer
classes in the commission's regulation of electric, natural
gas, renewable energy sources, telecommunications and water and
wastewater systems as provided by law; provided that the staff
may present testimony and evidence, cross-examine witnesses and
partner and collaborate with other stakeholders and consumer
advocates in furtherance of the interests of residential and
small business ratepayers;

(3) hire on a temporary, term or contract basis
such other experts or staff as the commission requires for a
particular case;

(4) retain competent attorneys to give advice,
counsel and representation in all legal matters of the
commission and agency;

(5) set minimum educational and experience
requirements for all staff positions;

(6) conduct research and studies to improve the
agency's operations or the provision of services to the
residents of New Mexico;

(7) apply for and accept grants and donations in
the name of the state to carry out the agency's powers and
duties; and

(8) 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 [moneys] money
collected under the provisions of [Chapter 194, Laws of 1951]
Section 63-7-20 NMSA 1978 shall be deposited with the state
treasurer and [by him] shall be credited to the [general]
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.--[Each] An operator
of a pipeline [or pipelines] operated in the state [of New
Mexico] for the transportation of crude oil, natural gas or the
products derived [therefrom] from either shall, during the
month of July, obtain a license for the operation of [such] the
pipeline. Application for [such] a license shall be made upon
a form to be provided by the [corporation] public regulation
commission and shall be accompanied by the license fee
determined as [hereinafter] provided in this section. On
receipt of [such] the application and license fee, the
[corporation] public regulation commission shall issue a
license to the applicant for the current fiscal year. All
license fees [so] collected shall be paid to the state
treasurer and [by him] credited to the [general] utility
oversight fund.

SCHEDULE OF ANNUAL LICENSE FEES

A. [Each] A person [firm, association or corporation]
transporting natural gas or [the] natural gas products [derived
therefrom] by pipeline [or pipelines] in New Mexico and
operating a pipeline [or pipelines] 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 [10,000] ten thousand
horsepower, the minimum fee with no additional fee;

(2) more than [10,000] ten thousand horsepower
and not more than [30,000] thirty thousand horsepower, the
minimum fee plus [$2,275.00] two thousand two hundred seventy-five dollars ($2,275);

(3) more than [30,000] thirty thousand
horsepower and not more than [50,000] fifty thousand
horsepower, the minimum fee plus [$4,000.00] four thousand
dollars ($4,000);

(4) more than [50,000] fifty thousand horsepower
and not more than [75,000] seventy-five thousand horsepower,
the minimum fee plus [$5,000.00] five thousand dollars
($5,000);

(5) more than [75,000] seventy-five thousand
horsepower and not more than [100,000] one hundred thousand
horsepower, the minimum fee plus [$5,500.00] five thousand five
hundred dollars ($5,500); and

(6) more than [100,000] one hundred thousand
horsepower, the minimum fee plus [$5,925.00] five thousand nine
hundred twenty-five dollars ($5,925) and plus [$75.00] seventy-five dollars ($75.00) additional for each [10,000] ten thousand
horsepower or fraction thereof in excess of [100,000] one
hundred thousand horsepower.

B. [Each] An operator of a pipeline [or pipelines]
for the transportation of oil or [the] its products [derived
therefrom] shall pay [the following fees, based on the number
of miles of such line operated in New Mexico] a basic fee of
five hundred dollars ($500) [and in addition] 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:

[$13.00] (a) thirteen dollars ($13.00) per
mile for the first [50] fifty miles;

[$ 7.00] (b) seven dollars ($7.00) per mile
for the next [25] twenty-five miles;

[$ 4.00] (c) four dollars ($4.00) per mile
for the next [25] twenty-five miles; and

[$ 1.00] (d) one dollar ($1.00) per mile for
each mile in excess of [100] one hundred miles; and

(2) for all lines more than eight inches in
diameter:

[$18.00] (a) eighteen dollars ($18.00) per
mile for the first [25] twenty-five miles;

[$13.00] (b) thirteen dollars ($13.00) per
mile for the next [25] twenty-five miles;

[$ 9.00] (c) nine dollars ($9.00) per mile
for the next [25] twenty-five miles;

[$ 6.00] (d) six dollars ($6.00) per mile
for the next [25] twenty-five miles; and

[$ 2.00] (e) two dollars ($2.00) per mile
for each mile in excess of [100] one hundred miles.

C. For the purposes of determining the license fees
payable under the provisions of [this] Subsection B of this
section, any pipeline owned by two or more persons [firms or
corporations] 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 [foregoing] fee schedule provided in
Subsection B of this section shall be:

[$500] (1) five hundred dollars ($500) on lines
less than twenty inches in diameter; and

[$850] (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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