HB 70 — PRC SUPPORT AGENCY
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on March 10, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
735 added · 1161 removedPlain-language change summary
The latest version of House Bill 70 adds provisions that require all fees and money collected under the Public Utility Act to be sent to a newly created Utility Oversight Fund immediately after receipt. This change aims to enhance the management and accountability of collected funds, ensuring they are used for supporting the Public Regulation Commission effectively. Additionally, it emphasizes compliance with existing regulations regarding gifts, to maintain transparency and ethical standards within the agency. Overall, these adjustments help clarify the roles and responsibilities of the agencies involved and improve oversight in the utility sector.
HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 70 57TH LEGISLATURE- STATE OF NEW MEXICO - SECOND SESSION, 2026 4 6 8 10 AN ACT RELATING TO PUBLIC UTILITIES;
CHANGING DISTRIBUTION OF e t 17 COLLECTED FEES AND PENALTIES;
PROVIDING FOR THE ENFORCEMENT OF w l n d 18 FEES BY THE PUBLIC REGULATION COMMISSION.
= = 19 a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 SECTION 1.
Section 62-8-9 NMSA 1978 (being Laws 1957, d r e 22 Chapter 25, Section 1, as amended) is amended to read:
c e s k 23 "62-8-9.
DISPOSITION OF FUNDS--INTEREST AND PENALTY ON e a n b 24 LATE PAYMENTS.-- u [ A.
All fees and money collected under the .233733.2 HJC/HB 70 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.
HJC/HB 70/a Page 1 B.
e t 17 C.
In addition to any interest due on a late fee w l n d 18 payment, a penalty shall be paid to the state for failure to = = 19 pay the fee when it was due.
The penalty imposed shall be two a l i a e r 20 percent of the amount of the fee due.
a t m m 21 D.
The [attorney general, in the name of the state] d r e 22 commission shall bring suit to collect fees, interest and c e s k 23 penalties that remain unpaid." e a n b 24 SECTION 2.
Section 62-12-1 NMSA 1978 (being Laws 1941, u [ Chapter 84, Section 73) is amended to read:
.233733.2 - 2 - HJC/HB 70 "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 HJC/HB 70/a Page 2 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 e t 17 proceeding by petition to [such] the court alleging the w l n d 18 violation or threatened violation complained of and praying for = = 19 appropriate relief by way of mandamus or injunction.
It [shall a l i a e r 20 thereupon be] is the duty of the court to specify a time, not a t m m 21 exceeding thirty days after the service of the copy of the d r e 22 petition, within which the public utility or person complained c e s k 23 of must plead, and in the meantime [said] the public utility or e a n b 24 person may for good cause shown be restrained.
In case of u [ default, the court shall immediately inquire into the facts and .233733.2 - 3 - HJC/HB 70 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.
"[NEW"UTILITY MATERIAL] UTILITY OVERSIGHT FUND.--The "utility oversight fund" is created as a nonreverting fund in the state treasury.
The HJC/HB 70/a Page 3 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 e t 17 investment of the fund.
The fund shall be administered by the w l n d 18 commission.
Money in the fund is subject to appropriation by = = 19 the legislature to the commission to carry out the commission's a l i a e r 20 duties pursuant to the Public Utility Act.
Disbursements from a t m m 21 the fund shall be made by warrant of the secretary of finance d r e 22 and administration pursuant to vouchers issued and signed by c e s k 23 the chief financial officer of the commission or the chief e a n b 24 financial officer's authorized representative." u [ SECTION 4.
Section 62-19-2 NMSA 1978 (being Laws 1998, .233733.2 - 4 - HJC/HB 70 Chapter 108, Section 2, as amended) is amended to read:
[A.] B.
[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." HJC/HB 70/a Page 4 SECTION 5.
PUBLIC REGULATION COMMISSION NOMINATING e t 17 COMMITTEE.-- w l n d 18 A.
The "public regulation commission nominating = = 19 committee" is created and consists of seven members who are:
a l i a e r 20 (1) knowledgeable about public utility a t m m 21 regulation;
d r e 22 (2) not employed by or on behalf of or have a c e s k 23 contract with a public utility that is regulated by the e a n b 24 commission;
u [ (3) not applicants or nominees for a position on .233733.2 - 5 - HJC/HB 70 the commission;
HJC/HB 70/a Page 5 B.
and e t 17 (3) serve without compensation, but shall be w l n d 18 reimbursed for expenses incurred in pursuit of the member's = = 19 duties on the committee pursuant to the Per Diem and Mileage a l i a e r 20 Act.
Show all 209 changed lines (169 more)
a t m m 21 C.
The committee and individual members shall be d r e 22 subject to the Governmental Conduct Act, the Inspection of c e s k 23 Public Records Act, the Financial Disclosure Act and the Open e a n b 24 Meetings Act.
u [ D.
Administrative support shall be provided to the .233733.2 - 6 - HJC/HB 70 committee by the [staff of the commission] agency.
The list shall be developed to provide geographical HJC/HB 70/a Page 6 diversity, and nominees on the list shall be from at least three different counties of the state.
Subsequent to January 1, 2023, the committee shall e t 17 meet at least ninety days prior to the date on which the term w l n d 18 of a commissioner ends and as often as necessary thereafter in = = 19 order to submit a list to the governor, at least thirty days a l i a e r 20 prior to the beginning of the new term, of no fewer than two a t m m 21 qualified nominees from diverse geographical areas of the state d r e 22 for appointment to the commission for each commissioner c e s k 23 position term that is ending.
e a n b 24 H.
Upon the occurrence of a vacancy in a commissioner u [ position, the committee shall meet within thirty days of the .233733.2 - 7 - HJC/HB 70 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.
HJC/HB 70/a Page 7 J.
e t 17 K.
The committee shall select nominees for submission w l n d 18 to the governor who, in the committee's judgment, are best = = 19 qualified to serve as a member of the commission.
a l i a e r 20 L.
A majority vote of all members of the committee in a t m m 21 favor of a person is required for that person to be included on d r e 22 the list of qualified nominees submitted to the governor." c e s k 23 SECTION 6.
Section 62-19-6 NMSA 1978 (being Laws 2013, e a n b 24 Chapter 64, Section 2, as amended) is amended to read:
u [ "62-19-6.
CONTINUING EDUCATION REQUIREMENTS FOR .233733.2 - 8 - HJC/HB 70 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 HJC/HB 70/a Page 8 commissioner serves in office;
e t 17 B.
Continuing education courses shall be endorsed by w l n d 18 the national association of regulatory utility commissioners, = = 19 by a post-secondary educational institution or by [the a l i a e r 20 relevant] a licensing or professional association for a a t m m 21 qualifying area of study.
[forC. degree holders pursuant to this d r e 22 section.
cA ecommissioner sshall kbe 23responsible B.]for C.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.
AD. commissioner shall be responsible for having e a n b 24 the endorsing organization submit certification of completion u [ of the hours of education required pursuant to Subsection A of .233733.2 - 9 - HJC/HB 70 this section to the [commission's] chief of staff.
[C.]If D.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.
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.
As used in this section, in addition to the definitions provided in Section [16 of this 2020 act] 62-19-2 NMSA 1978:
HJC/HB 70/a Page 9 (1) "affiliated interest" means a person who directly controls or is controlled by or is under common e t 17 control with a regulated entity, including an agent, w l n d 18 representative, attorney, employee, officer, owner, director or = = 19 partner of an affiliated interest.
For the purposes of this a l i a e r 20 definition, "control" includes the possession of the power to a t m m 21 direct or cause the direction of the management and policies of d r e 22 a person, whether directly or indirectly, through the c e s k 23 ownership, control or holding with the power to vote of ten e a n b 24 percent or more of the person's voting securities;
u [ (2) "intervenor" means a person who is .233733.2 - 10 - HJC/HB 70 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;
and HJC/HB 70/a Page 10 (4) "regulated entity" means a person whose e t 17 charges for services to the public are regulated by the w l n d 18 commission and includes any direct or emerging competitors of a = = 19 regulated entity and includes an agent, representative, a l i a e r 20 attorney, employee, officer, owner, director or partner of the a t m m 21 regulated entity.
d r e 22 B.
In addition to the requirements of the Financial c e s k 23 Disclosure Act and the Governmental Conduct Act, nominees for e a n b 24 appointment to the commission, commissioners and employees of u [ the [commission] agency shall comply with the requirements of .233733.2 - 11 - HJC/HB 70 the Public Regulation Commission Act, as applicable.
[D.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 e t 17 public reception or other public social function that are w l n d 18 available to all guests equally;
= = 19 (b) inexpensive promotional items that are a l i a e r 20 available to all customers of the regulated entity, affiliated a t m m 21 interest or intervenor;
or d r e 22 (c) pension or disability benefits received c e s k 23 from a regulated entity, affiliated interest or intervenor;
e a n b 24 (2) have a pecuniary interest in a regulated u [ entity, affiliated interest or intervenor, and if a pecuniary .233733.2 - 12 - HJC/HB 70 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.
(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 HJC/HB 70/a Page 11 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 e t 17 participant in a rulemaking within one year of ceasing to be an w l n d 18 employee;
and = = 19 (3) a former commissioner or employee shall not a l i a e r 20 represent a party before the commission or a court in a matter a t m m 21 that was pending before the commission while the commissioner d r e 22 or employee was associated with the commission and in which the c e s k 23 former commissioner or employee was personally and e a n b 24 substantially involved in the matter.
u [ F.
The attorney general or a district attorney may .233733.2 - 13 - HJC/HB 70 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.
HJC/HB 70/a Page 12 (1) administer and enforce the laws with which it is charged and has every power conferred by law;
(3) prepare an annual budget for submission to e t 17 the legislature;
w l n d 18 (4) adopt rules to streamline the resolution of = = 19 cases before it when appropriate by:
a l i a e r 20 (a) the use of hearing examiners;
a t m m 21 (b) the taking of evidence with the least d r e 22 delay practicable;
c e s k 23 (c) limiting repetitious testimony;
and e a n b 24 (d) adopting procedures for resolving cases u [ in ways other than by trial-type hearings when appropriate, .233733.2 - 14 - HJC/HB 70 including consent calendars, paper hearings, conferences, settlements, mediation, arbitration and other alternative dispute resolution methods and the use of agency staff decisions;
[(1)HJC/HB subject70/a toPage legislative13 appropriation,(1) appointdelegate andauthority employ such professional, technical and clerical assistance as it deems necessary toand assistappropriate, itclearly indelineating performingsuch itsdelegated powersauthority and duties;any limitations;
e(2) ttake 17administrative (2)]action (1)by delegateissuing authorityorders [tonot subordinates]inconsistent aswith wlaw lto nassure dimplementation 18of itand deemscompliance necessarywith andthe appropriate,provisions clearlyof delineatinglaw suchfor =which =the 19commission delegatedis authorityresponsible and anyto limitations;enforce those orders by appropriate administrative action and court proceedings;
a(3) lconduct iinvestigations aas enecessary r 20 [(3) retain competent attorneys to handlecarry theout a t m m 21 legal matters of the commissioncommission's andresponsibilities; give advice and counsel in d r e 22 regard to any matter connected with the duties of the c e s k 23 commission and, in the discretion of the commission, to e a n b 24 represent the commission in any legal proceeding;
u [ (4) organizeadopt intosuch organizationalreasonable unitsadministrative, asregulatory .233733.2and -procedural 15rules -as HJC/HBmay 70be necessary toor enableappropriate it to functioncarry mostout efficiently,its subjectpowers toand provisionsduties; of law requiring or establishing specific organizational units;
(5)](5) (2)cooperate takewith administrativetribal actionand bypueblo issuinggovernments orderson nottopics inconsistentover withwhich lawthe tocommission assure implementation of and compliancethe withother thegovernments provisionshave ofjurisdiction lawand forconduct whichjoint theinvestigations, commissionhold isjoint responsiblehearings and toissue enforcejoint thoseor concurrent orders byas appropriateappropriate; administrative action and court proceedings;
[(6)and conduct(6) researchapply andto studiesthe district court for injunctions to improveprevent theviolations commission'sof operationsany orlaws thethat provisionit ofadministers servicesor torules theor citizensorders ofadopted Newpursuant Mexico;to those laws.
(7)]C. (3) conduct investigations as necessary to carry out the commission's responsibilities;
[(8)A applymajority forof andthe acceptcommission grantsconstitutes anda donationsquorum infor the nametransaction of thebusiness; state to carry out its powers and duties;
(9)provided, enterhowever, intothat contractsa tomajority carryvote outof itsthe powerscommission eis tneeded 17for anda duties;final decision of the commission." HJC/HB 70/a Page 14 SECTION 9.
w l n d 18 (10)] (4) adopt such reasonable administrative, = = 19 regulatory and procedural rules as may be necessary or a l i a e r 20 appropriate to carry out its powers and duties;
a t m m 21 [(11)] (5) cooperate with tribal and pueblo d r e 22 governments on topics over which the commission and the other c e s k 23 governments have jurisdiction and conduct joint investigations, e a n b 24 hold joint hearings and issue joint or concurrent orders as u [ appropriate;
and .233733.2 - 16 - HJC/HB 70 [(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 e t 17 in ways other than by trial-type hearings when appropriate, w l n d 18 including consent calendars, conferences, settlements, = = 19 mediation, arbitration and other alternative dispute resolution a l i a e r 20 methods and the use of staff decisions;
and a t m m 21 (4) provide a toll-free telephone number and d r e 22 publish it and the commission's general telephone number in c e s k 23 local telephone directories.
e a n b 24 D.] C.
A majority of the commission constitutes a u [ quorum for the transaction of business;
provided, however, that .233733.2 - 17 - HJC/HB 70 a majority vote of the commission is needed for a final decision of the commission." SECTION 9.
A hearing examiner shall provide the commission with a [recommended decision] written recommendation on the matter assigned to the hearing examiner, including findings of e t 17 fact and conclusions of law.
[The recommended decision] A w l n d 18 written recommendation shall be provided to the parties, and = = 19 they may file exceptions to the [decision] written a l i a e r 20 recommendation prior to the final decision of the commission.
a t m m 21 C.
When the commission has appointed a hearing d r e 22 examiner to preside over a matter, at least one member of the c e s k 23 commission shall, at the request of a party to the proceedings, e a n b 24 attend oral argument." u [ SECTION 10.
Section 62-19-21 NMSA 1978 (being Laws 1998, .233733.2 - 18 - HJC/HB 70 Chapter 108, Section 15, as amended) is amended to read:
COMMISSION RULESRULES.--Unless [PROCEDURESotherwise FORprovided ADOPTION].--by [A.law, rules shall be adopted, amended or repealed in HJC/HB 70/a Page 15 accordance with the State Rules Act." SECTION 11.
UnlessSection otherwise62-19-22 providedNMSA by1978 law,(being noLaws rule1998, affectingChapter a108, personSection outside16) theis commission shall be adopted, amended orto repealedread: except after public notice and public hearing before the commission or a hearing examiner designated by the commission.
B."62-19-22.
NoticeRECORD ofOF thePROCEEDINGS.--Unless subjectotherwise matterprovided ofby thelaw, rule, the actioncommission proposed to be taken, the manner in which interested persons may presentby theirrule viewsprovide andthat theoral methodproceedings bybefore which copies of the proposedcommission rule, amendment or repealing provisions may be obtainedtaken shallby beany publishedmeans atthat leastprovides oncea atfull least thirty days prior to the hearing date in the New Mexico register and twocomplete newspapersrecord, ofincluding generaltape circulationrecording inor thestenography. 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, e t 17 amendment or repealing provision that affects only one or a w l n d 18 limited number of municipalities, towns, villages or counties, = = 19 notice shall be published in the largest circulation newspaper a l i a e r 20 published and distributed locally in those areas as well as in a t m m 21 a newspaper of general circulation in the state.
Additional d r e 22 notice may be made by posting on the internet or by using other c e s k 23 alternative methods of informing interested persons.
e a n b 24 C.
If the commission finds that immediate adoption, u [ amendment or suspension of a rule is necessary for the .233733.2 - 19 - HJC/HB 70 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 e t 17 other rules shall be effective fifteen days after filing, w l n d 18 unless a later date is provided by the rule.] Unless otherwise = = 19 provided by law, rules shall be adopted, amended or repealed in a l i a e r 20 accordance with the State Rules Act." a t m m 21 SECTION 11.
Section 62-19-22 NMSA 1978 (being Laws 1998, d r e 22 Chapter 108, Section 16) is amended to read:
c e s k 23 "62-19-22.
RECORD OF PROCEEDINGS.--Unless otherwise e a n b 24 provided by law, the commission may by rule provide that oral u [ proceedings before the commission may be taken by any means .233733.2 - 20 - HJC/HB 70 that provides a full and complete record, including tape recording or stenography.
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.
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 e t 17 has been closed or a pending adjudication.
w l n d 18 B.
A hearing examiner shall not initiate, permit or = = 19 consider a communication directly or indirectly with a party or a l i a e r 20 [his] the party's representative outside the presence of the aHJC/HB t70/a mPage m16 21 other parties concerning a pending rulemaking or adjudication.
d r e 22 C.
Notwithstanding the provisions of Subsections A c e s k 23 and B of this section, the following ex parte communications e a n b 24 are permitted:
u [ (1) where circumstances require, ex parte .233733.2 - 21 - HJC/HB 70 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;
(4) a commissioner or hearing examiner may e t 17 obtain the advice of a nonparty expert on an issue raised in w l n d 18 the rulemaking or adjudication if the commissioner or hearing = = 19 examiner gives notice to the parties of the person consulted aHJC/HB l70/a iPage a17 e r 20 and the substance of the advice and affords the parties a t m m 21 reasonable opportunity to respond;
and d r e 22 (5) pursuant to the [public regulation] c e s k 23 commission's rulemaking authorityauthority, a party to a proceeding may e a n b 24 consult with the commission's advisory staff.
[By July 1, u [ 2004, the commission shall establish such rules.] .233733.2 - 22 - HJC/HB 70 D.
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.
COMMISSION REPORTS.--By [December] May 1 of e t 17 each year, the commission shall report to the legislature and w l n d 18 the governor regarding its activities for the previous year in = = 19 sufficient detail to disclose the workings of the commission a l i a e r 20 and the impact of regulation on the industries regulated by theHJC/HB a70/a tPage m18 mthe 21 commission.
The report shall include information on consumer d r e 22 complaints and their status.
The report may include c e s k 23 suggestions and recommended changes in law, as the commission e a n b 24 deems appropriate, that would be in the public interest." u [ SECTION 14.
A new section of the Public Regulation .233733.2 - 23 - HJC/HB 70 Commission Act is enacted to read:
"[NEW"CHIEF MATERIAL] CHIEF OF STAFF.-- A.
(a) serve as public interest advocacy staff to the commission in the regulation of electric, natural gas, renewable energy sources, telecommunications and water and e t 17 wastewater systems as provided by law.
The staff may present w l n d 18 testimony and evidence, cross-examine witnesses and partner and = = 19 collaborate with other stakeholders in furtherance of the a l i a e r 20 advocacy staff's views on how the HJC/HB 70/a Page 19 commission should fulfill its a t m m 21 responsibility to balance the public interest, consumer d r e 22 interest and investor interest;
c e s k 23 (b) serve as advisory staff to advise and e a n b 24 assist the commission on any matter before the commission;
u [ provided that the advisory staff may have expertise in law, .233733.2 - 24 - HJC/HB 70 engineering, economics or other professional or technical disciplines;
e t 17 (f) identify, research and advise the w l n d 18 commission on consumer issues;
= = 19 (g) assist the commission in the developmentHJC/HB a70/a lPage i a e r 20 development and implementation of consumer policies and programs;
a t m m 21 (h) record, for the purpose of determining d r e 22 general concerns of consumers, all complaints with regard to c e s k 23 quality or quantity of service provided by a regulated entity e a n b 24 or its competitors;
u [ (i) review disputes between .233733.2 - 25 - HJC/HB 70 telecommunications providers;
e t 17 (p) perform other agency duties and w l n d 18 responsibilities;
and =HJC/HB =70/a 19Page 21 (q) carry out the provisions of the Pipeline a l i a e r 20 Safety Act;
a t m m 21 (5) organize the agency into organizational d r e 22 units as necessary to enable it to function most efficiently;
c e s k 23 and e a n b 24 (6) appoint a professional engineer who shall u [ have at least five years' experience in the design, .233733.2 - 26 - HJC/HB 70 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.
(5) conduct research and studies to improve the e t 17 agency's operations or the provision of services to the w l n d 18 residents of New Mexico;
=HJC/HB =70/a 19Page 22 (6) apply for and accept grants and donations in a l i a e r 20 the name of the state to carry out the agency's powers and a t m m 21 duties;
and d r e 22 (7) enter into contracts on behalf of the c e s k 23 agency." e a n b 24 SECTION 15.
Section 63-7-21 NMSA 1978 (being Laws 1951, u [ Chapter 194, Section 2, as amended) is amended to read:
.233733.2 - 27 - HJC/HB 70 "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.
LICENSE--FEES--DISPOSITION.--[Each]LICENSE--FEES--DISPOSITION.--An 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 e t 17 receipt of [such] the application and license fee, the w l n d 18 [corporation] public regulation commission shall issue a = = 19 license to the applicant for the current fiscal year.
All a l i a e r 20 license fees [so] collected shall be paid to the state a t m m 21 treasurer and [by him] credited to the [general] utility d r e 22 oversight fund.
cHJC/HB e70/a sPage k 23 SCHEDULE OF ANNUAL LICENSE FEES e a n b 24 A.
[Each] A person [firm, association or corporation] u [ transporting natural gas or [the] natural gas products [derived .233733.2 - 28 - HJC/HB 70 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.
(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-seventy-five five dollars ($2,275);
(3) more than [30,000] thirty thousand horsepower and not more than [50,000] fifty thousand e t 17 horsepower, the minimum fee plus [$4,000.00] four thousand w l n d 18 dollars ($4,000);
= = 19 (4) more than [50,000] fifty thousand horsepower a l i a e r 20 and not more than [75,000] seventy-five thousand horsepower, a t m m 21 the minimum fee plus [$5,000.00] five thousand dollars d r e 22 ($5,000);
c e s k 23 (5) more than [75,000] seventy-five thousand e a n b 24 horsepower and not more than [100,000] one hundred thousand u [ horsepower, the minimum fee plus [$5,500.00] five thousand five .233733.2 - 29 - HJC/HB 70 hundred dollars ($5,500);
and HJC/HB 70/a Page 24 (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 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.
[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:
e t 17 [$13.00] (a) thirteen dollars ($13.00) per w l n d 18 mile for the first [50] fifty miles;
= = 19 [$ 7.00] (b) seven dollars ($7.00) per mile a l i a e r 20 for the next [25] twenty-five miles;
a t m m 21 [$ 4.00] (c) four dollars ($4.00) per mile d r e 22 for the next [25] twenty-five miles;
and c e s k 23 [$ 1.00] (d) one dollar ($1.00) per mile for e a n b 24 each mile in excess of [100] one hundred miles;
and u [ (2) for all lines more than eight inches in .233733.2 - 30 - HJC/HB 70 diameter:
[$18.00] (a) eighteen dollars ($18.00) per mile for the first [25] twenty-five miles;
[$13.00] (b) thirteen dollars ($13.00) per mile for HJC/HB 70/a Page 25 the next [25] twenty-five miles;
[$ 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.
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 e t 17 owners thereof.
The basic fee to be paid in the licensing of w l n d 18 such lines under the [foregoing] fee schedule provided in = = 19 Subsection B of this section shall be:
a l i a e r 20 [$500] (1) five hundred dollars ($500) on lines a t m m 21 less than twenty inches in diameter;
and d r e 22 [$850] (2) eight hundred fifty dollars ($850) on c e s k 23 lines twenty inches or more in diameter." e a n b 24 SECTION 17.
REPEAL.--Sections 62-19-11 through 62-19-19 u [ and 70-3-20 NMSA 1978 (being Laws 1998, Chapter 108, Sections 5 .233733.2 - 31 - HJC/HB 70 through 8 and 10;
-HJC/HB 3270/a -Page 826 10SECTION 1218. 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .233733.2
EFFECTIVE DATE.--The effective date of Section 15 of this act is July 1, 2027.
HJC/HB 70/a Page 27 4 6 8 25
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View plain text versions (4)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Substitute JC substitute pdf
- Introduced introduced version pdf
Action History
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Signed
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House concurred in Senate amendments
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passed Senate
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DO PASS, as amended, committee report adopted
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Sent to Senate Rules Committee
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passed House
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DO NOT PASS, replaced with committee substitute
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DO PASS committee report adopted
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Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee
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Sent to House Pre-file
Sponsors
- Mimi Stewart · Primary
- Kristina Ortez · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Mimi Stewart Democrat
- Kristina Ortez Democrat
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 70?
- HB 70 is sponsored by Mimi Stewart (Democrat) and Kristina Ortez (Democrat).
- What is the current status of HB 70?
- This bill has been enacted into law. Introduced January 13, 2026. Enacted.
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- Track HB 70 free on One Click Politics — get push/email alerts when it moves.
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