Pipelines

NMSA 1978 ch. 70, art. 3

in effect

NMSA 1978, § 70-3-1 [Rates for pipeline common carriers transporting oil or products between points in New Mexico.]

70-3-1. [Rates for pipeline common carriers transporting oil or products between points in New Mexico.] The corporation commission [public regulation commission] may prescribe reasonable maximum rates for the transportation of oil and the products derived therefrom, where such products are transported by a pipeline common carrier from any point in New Mexico to an ultimate destination in New Mexico, provided, in the event the reasonableness of such rates are [is] contested in the manner provided by law, the burden of proof to show the unreasonableness of such rates shall be upon the person, firm, association or corporation contesting the same. 1941 Comp., § 69-315, enacted by Laws 1953, ch. 42, § 2; 1953 Comp., § 65-4-2.

NMSA 1978, § 70-3-2 License; fees; disposition

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. 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 (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 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. 1941 Comp., § 69-316, enacted by Laws 1953, ch. 42, § 3; 1953 Comp., § 65-4-3; Laws 1957, ch. 64, § 1; 2026, ch. 64, § 16.

NMSA 1978, § 70-3-3 Exceptions

70-3-3. Exceptions The foregoing provisions of Section 70-3-2 NMSA 1978 shall not apply to gathering lines or systems operated exclusively for the gathering of oil or gas in any field or area; to any gas distribution system; or to pipelines constituting a part of any tank farm, plant facilities of any processing plant, gasoline plant, refinery, carbon-black plant, pressure maintenance, underground storage projects, recycling system or other similar operations and such lines and systems shall not be included in computing the fees payable under the licensing provision of Section 70-3-2 NMSA 1978. 1941 Comp., § 69-317, enacted by Laws 1953, ch. 42, § 4; 1953 Comp., § 65-4-4; Laws 1969, ch. 71, § 11.

NMSA 1978, § 70-3-4 Pipelines; crossing of railroads and highways

70-3-4. Pipelines; crossing of railroads and highways The crossing of any pipeline operated for the conveyance of oil, natural gas, carbon dioxide gas or the products derived therefrom under any railroad or public road or highway in this state, outside of the confines of any municipal corporation, shall be constructed and maintained according to reasonable rules and regulations adopted by the corporation commission [public regulation commission] of New Mexico, not inconsistent, however, with the applicable requirements of the state highway department. 1941 Comp., § 69-319, enacted by Laws 1953, ch. 42, § 6; 1953 Comp., § 65-4-6; Laws 1980, ch. 20, § 20.

NMSA 1978, § 70-3-5 Eminent domain power

70-3-5. Eminent domain power A. Any person, firm, association or corporation may exercise the right of eminent domain to take and acquire the necessary right-of-way for the construction, maintenance and operation of pipelines, including microwave systems and structures and other necessary facilities for the purpose of conveyance of petroleum, natural gas, carbon dioxide gas and the products derived therefrom, but any such right-of-way shall in all cases be so located as to do the least damage to private or public property consistent with proper use and economical construction. Such land and right-of-way shall be acquired in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. Pursuant to the requirements of Sections 42A-1-8 through 42A-1-12 NMSA 1978, the engineers, surveyors and other employees of such person, firm, association or corporation shall have the right to enter upon the lands and property of the state and of private persons and of private and public corporations for the purpose of making necessary surveys and examinations for selecting and locating suitable routes for such pipelines, microwave systems, structures and other necessary facilities, subject to responsibility for any damage done to such property in making surveys and examinations. B. The authorization provided for pursuant to Subsection A of this section for pipelines conveying petroleum, natural gas, carbon dioxide gas and products derived therefrom shall apply to trunk lines, including lines owned or operated by public utilities or interstate pipelines connecting a well or wells under a purchase or conveying contract, and shall not apply to gathering lines other than pipelines owned or operated by public utilities or their affiliates or interstate pipelines or to operators of pipelines whose rates are prescribed or whose operations are licensed by the state corporation commission [public regulation commission] pursuant to Section 70-3-1 or 70-3-2 NMSA 1978. For the purposes of this subsection, the term "trunk line" is defined as the main transmission line which transports petroleum, natural gas, carbon dioxide gas and the products derived therefrom from a producing area to the area where the petroleum, natural gas, carbon dioxide gas and the products derived therefrom are to be used. All other pipelines used in connection with such transportation of petroleum, natural gas, carbon dioxide gas and the products derived therefrom are defined as "gathering lines". 1941 Comp., § 69-321, enacted by Laws 1953, ch. 42, § 8; 1953 Comp., § 65-4-8; Laws 1980, ch. 20, § 21; 1981, ch. 125, § 52; 1987, ch. 310, § 1; 1993, ch. 338, § 1.

NMSA 1978, § 70-3-6 [Private telegraph or telephone line along right-of-way of pipeline.]

70-3-6. [Private telegraph or telephone line along right-of-way of pipeline.] The owners or operators of any pipelines for which any right-of-way is obtained under the provisions of this act shall be entitled to erect and construct a telephone or telegraph line upon and along such right-of-way for use in the operation of such pipeline, and shall not be required to operate said telegraph or telephone line as a toll line, or to open same to the use of the public; provided, that the construction and maintenance of said telephone or telegraph line shall not unduly interfere with the cultivation of any agricultural land. 1941 Comp., § 69-322, enacted by Laws 1953, ch. 42, § 9; 1953 Comp., § 65-4-9.

NMSA 1978, § 70-3-7 [Use of public highways by pipeline; grant of right by county commissioners.]

70-3-7. [Use of public highways by pipeline; grant of right by county commissioners.] The county commissioners of the various counties in the state are hereby empowered and authorized to grant rights-of-way for laying and maintaining pipelines for oil and gas transportation in, on or over public highways in their respective counties to all applicants upon such terms and conditions as such county commissioners deem to be for the best interests of their respective counties, and as prescribed by the terms of this act [70-3-7 to 70-3-9 NMSA 1978]. Laws 1921, ch. 22, § 1; C.S. 1929, § 33-4249; 1941 Comp., § 69-310; 1953 Comp., § 65-4-11.

NMSA 1978, § 70-3-8 [Application for use of highway for pipeline; investigation; rejection; appeal; permit; bond.]

70-3-8. [Application for use of highway for pipeline; investigation; rejection; appeal; permit; bond.] Applicants for any such right-of-way shall present to the county commissioners of the county in which such right is desired an application in writing giving the name and address of both the applicant and the person, or persons, who will own said pipeline or lines when installed, the highway or highways where it is desired to locate such pipeline or lines, and whether the same will be in, on or over such highway or highways, the place of beginning and ending of such line or lines; the purposes for which the same are to be used; and such further information as the county commissioners may deem to be necessary to enable them to take proper action on said application. The application shall contain an agreement by the applicant to pay all expenses which may be incurred by the county commissioners in making such examination as they shall deem necessary to determine whether the right-of-way applied for should be granted. Upon receipt of such application by the county commissioners, they shall determine the probable expense which it will be necessary for them to incur to enable them to properly pass upon such application, and shall require the applicant to deposit for their use the amount of such probable expenses before taking further action on said application. After such deposit has been made, the county commissioners shall take such action and make such investigation as they may deem necessary to enable them to properly pass upon such application, and they shall, without unnecessary delay, pass upon such application and allow the same upon such reasonable requirements as they find will adequately safeguard and protect the highway or highways where such pipeline or lines are to be located, and that will fairly compensate the county for the use and occupancy of such highway or highways by said pipeline or lines, unless the county commissioners find that said application cannot be granted without impairing the usefulness of such highway or highways for purposes of travel by the public. In the event that such application is rejected, the county commissioners shall enter of record their reasons for such action, and such action shall be subject to review, reversal or modification by the district courts of this state on appeal by the aggrieved party in the same manner as provided for appeals from orders of the board of county commissioners by Sections 4-45-5 and 4-45-6 NMSA 1978. Where an application is allowed, the county commissioners shall, before the issuance of a permit, require the applicant to enter into an undertaking with adequate sureties conditioned that the applicant, his, her or its successors or assigns will pay all extra expense which the county shall incur by reason of the location of said pipeline or lines in, on or over such highway or highways, and that applicant will save the county harmless from any and all damage it may be caused to pay, or sustain by reason of the laying or maintaining of such pipeline or lines upon said highway or highways, and that the applicant will pay all sums due, or to become due, the county, for the use of said highway or highways, and such other conditions as may be found necessary to fully protect the interests of the county issuing the permit. Upon the presentation of such undertaking and the approval thereof by the county commissioners, they shall issue to the applicant a permit to lay and maintain a pipeline or lines in, on or over the highways and for such period of time, not to exceed ten years, as shall be designated in said permit, and such permit so issued shall operate to give the one to whom it shall be issued, or assigned, with the consent of the county commissioners, full right and authority to use the highway or highways in the manner and for the purpose designated in such permit. Laws 1921, ch. 22, § 2; C.S. 1929, § 33-4250; 1941 Comp., § 69-311; 1953 Comp., § 65-4-12.

NMSA 1978, § 70-3-9 Pipeline highway use forms

70-3-9. Pipeline highway use forms The state transportation commission shall cause to be prepared the necessary blank forms for carrying out the provisions of Sections 70-3-7 through 70-3-9 NMSA 1978. Laws 1921, ch. 22, § 3; C.S. 1929, § 33-4251; 1941 Comp., § 69-312; 1953 Comp., § 65-4-13; Laws 2003, ch. 142, § 90.

NMSA 1978, § 70-3-10 [Attachment of articles to pipeline which may cause leakage or loss; disturbance of pipeline; penalty.]

70-3-10. [Attachment of articles to pipeline which may cause leakage or loss; disturbance of pipeline; penalty.] Any person who shall wilfully or maliciously affix, attach to or connect with any natural or artificial gas or liquefied petroleum pipeline in the state of New Mexico any article or thing whereby leakage or loss of gas from said line shall or may be affected [effected], and any person who shall wilfully or maliciously by any means disturb a natural or artificial gas or liquefied petroleum pipeline or cause leakage or loss of gas from any such gas pipeline shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100.00 or by imprisonment in the county jail not more than 60 days, or by both such fine and imprisonment. 1941 Comp., § 69-313, enacted by Laws 1951, ch. 134, § 1; 1953 Comp., § 65-4-14.

NMSA 1978, § 70-3-11 Short title

70-3-11. Short title This act [70-3-11 to 70-3-20 NMSA 1978] may be cited as the "Pipeline Safety Act." 1953 Comp., § 65-4-15, enacted by Laws 1969, ch. 71, § 1.

NMSA 1978, § 70-3-12 Definitions

70-3-12. Definitions As used in the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978]: A. "person" means an individual, firm, joint venture, partnership, corporation, association, state, municipality, political subdivision, cooperative association, joint stock association or any combination thereof and includes any receiver, trustee, assignee or personal representative thereof; B. "commission" means the public regulation commission; C. "gas" means natural gas, flammable gas or gas that is toxic or corrosive; D. "oil" means crude oil and liquid hydrocarbons and manufactured products derived from either; E. "transportation of gas" means the gathering, transmission or distribution of gas by pipeline or its storage, except that it shall not include the gathering of gas in those rural locations that lie outside the limits of any municipality or unincorporated city, town or village or any residential or commercial area such as a subdivision, a business or shopping center, a community development or any similar populated area that the commission may define by order as a nonrural area; F. "transportation of oil" means the transmission of oil by pipeline, except pipelines operated exclusively for the gathering of oil in any field or area or pipelines constituting a part of any tank farm, plant facilities of any processing plant, gasoline plant, refinery, carbon-black plant, recycling system or similar operations; G. "gas pipeline facilities" means new and existing pipeline rights of way and any equipment, facility or structure used in the transportation of gas or the treatment of gas during the course of transportation; H. "oil pipeline facilities" means new and existing pipeline rights of way and any equipment, facility or structure used in the transportation of oil; I. "intrastate pipeline facilities" means oil pipeline facilities or gas pipeline facilities within the state that are not gas pipeline facilities subject to the jurisdiction of the federal energy regulatory commission pursuant to the federal Natural Gas Act or oil pipeline facilities used in the transportation of oil in interstate or foreign commerce, except that it shall include pipeline facilities within the state that transport gas from an interstate gas pipeline to a direct sales customer within the state purchasing gas for its own consumption; J. "distribution main" means a pipeline other than a gathering or transmission line that serves as a common source of supply for more than one service line; K. "master meter" means a pipeline system for distributing gas within, but not limited to, a definable area, such as a mobile home park, housing project or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system. The master meter system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means such as by rents, as more fully set forth in federal laws and regulations; and L. "service line" means a pipeline that transports gas from a common source of supply, such as a distribution main, to: (1) a customer meter or the connection to a customer's piping, whichever is further downstream; or (2) the connection to a customer's piping if there is no customer meter. A "customer meter" is the meter that measures the transfer of gas from an operator to a consumer. 1953 Comp., § 65-4-16, enacted by Laws 1969, ch. 71, § 2; 1993, ch. 185, § 1; 1998, ch. 108, § 79; 2004, ch. 80, § 3.

NMSA 1978, § 70-3-13 Powers and duties of commission

70-3-13. Powers and duties of commission The commission: A. shall promulgate, amend, enforce and repeal reasonable regulations establishing minimum safety standards for the transportation of oil, hazardous liquids as defined in 49 CFR 195.2 and gas and for the design, installation, inspection, testing, construction, extension, operation, replacement and maintenance, including internal and external surveillance for pipe integrity and installation of emergency flow restricting devices, of oil, hazardous liquid and gas pipeline facilities as may be required by federal law. Safety standards shall not be applicable to oil, hazardous liquid or gas pipeline facilities in existence on the date the safety standards are adopted; provided, however, that whenever the commission upon investigation and hearing determines that an oil, hazardous liquid or gas pipeline facility is hazardous to life or property, it may require the person operating the oil, hazardous liquid or gas pipeline facility to take the steps necessary to remove the hazards. Safety regulations shall be practicable and designed to meet the need for pipeline safety. Safety rules promulgated for oil, hazardous liquid and gas pipeline facilities or the transportation of oil, hazardous liquids and gas shall be consistent with federal law and rules. Safety rules adopted hereunder shall not apply to any transportation of oil or oil pipeline facilities regulated by the federal department of transportation. Rules adopted pursuant to the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] shall substantially conform to federal pipeline safety rules; B. may advise, consult, contract and cooperate with any agency of the federal government or any other state in projects of common interest in the regulation of safety of oil, hazardous liquid and gas pipeline facilities and the transportation of oil, hazardous liquids and gas and administer the authority delegated to the commission by any contract with the federal government or any agency thereof; C. may accept, receive, apply for or administer grants or other funds or gifts from public or private agencies, including the federal government, or from any other person; D. may make investigations consistent with the Pipeline Safety Act and, in connection therewith, enter private or public property at all reasonable times. The results of investigations shall be reduced to writing if any enforcement action is contemplated and a copy thereof furnished to the operator of the oil, hazardous liquid or gas pipeline facilities investigated before any enforcement action is initiated; and E. may require persons subject to the Pipeline Safety Act to maintain the records, file the reports and develop the plans for inspection and maintenance of oil, hazardous liquid or gas pipeline facilities as the commission may, by rule, require for proper administration of the Pipeline Safety Act; provided, however, that the use of the term "rights of way" does not authorize the commission to prescribe the location or routing of any oil, hazardous liquid or gas pipeline facility. 1953 Comp., § 65-4-17, enacted by Laws 1969, ch. 71, § 3; 2001, ch. 298, § 2.

NMSA 1978, § 70-3-13.1 Master meter outreach and education

70-3-13.1. Master meter outreach and education On the effective date of this legislation, the commission shall: A. commence a continuing industry outreach to coordinate and conduct education and certification programs concerning pipeline safety laws and regulations with respect to master meters; B. develop agreements with the building and construction oversight divisions of the state and of local governments with the intent of minimizing dual jurisdiction of master meters; and C. apply the waiver provisions of Section 70-3-16 NMSA 1978 to violations of safety regulations pertaining to master meters occurring prior to July 1, 2004. Laws 2004, ch. 80, § 2.

NMSA 1978, § 70-3-14 Adoption of regulations; notice and hearing

70-3-14. Adoption of regulations; notice and hearing No regulation or amendment or repeal of any regulation shall be adopted by the commission under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] until after a public hearing by the commission. Hearings on regulations shall be held at Santa Fe. Notice of hearing shall: A. be given at least thirty days prior to the hearing date; B. state the subject of the hearing; C. indicate the time and place of the hearing; D. state the manner in which interested persons may present their views; and E. state where interested persons may secure copies of any proposed regulation. The notice shall be published in a newspaper of general circulation in the state. Reasonable efforts shall be made to give notice to all persons who have made a written request to the commission for advance notice of hearings conducted under the Pipeline Safety Act. At any hearing, the commission shall give all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. A complete record of the proceedings at any hearing shall be made and preserved by the commission. A copy of the transcript shall be furnished upon demand of any party to the hearing, upon payment of a reasonable charge for reproducing the record. The fee shall be fixed by regulation of the commission. After the conclusion of any hearing, the commission shall make and file its findings of fact and order. Any person heard or represented at the hearing shall be given written notice of the findings and order of the commission. No regulation adopted by the commission shall become effective until thirty days after its filing according to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] or any later date as set forth in the commission's order adopting the regulation. 1953 Comp., § 65-4-18, enacted by Laws 1969, ch. 71, § 4.

NMSA 1978, § 70-3-15 Validity of regulation; judicial review

70-3-15. Validity of regulation; judicial review A. Any person who is a party to any proceeding before the commission and who is or may be adversely affected by a regulation adopted by the commission, or by any order of the commission, may appeal by petition to the court of appeals for such relief as may be granted by the court, charging in the petition that the regulation or order is unreasonable, unlawful, capricious, arbitrary, inappropriate for the particular type of pipeline transportation or fails to contribute to the public safety. The petition shall name the New Mexico corporation commission [public regulation commission] as the appellee therein and shall state briefly the nature of the proceeding before the commission and shall set forth the regulation or order complained of and the grounds upon which the petitioner will rely. Appeals shall be upon the record made at the commission hearing on the regulation or order, and shall be taken: (1) within thirty days after the regulation is filed in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]; or (2) within thirty days after the effective date of the commission's order, whichever is the later date. B. An appeal does not stay the operation of the commission's order or regulation, unless the court of appeals orders a stay of the operation of the order or regulation on such terms as it deems just and in accordance with the practice of the courts exercising equity jurisdiction. 1953 Comp., § 65-4-19, enacted by Laws 1969, ch. 71, § 5.

NMSA 1978, § 70-3-16 Waiver of regulations

70-3-16. Waiver of regulations Upon application by any person engaged in the transportation of gas or oil or owning or operating gas or oil pipeline facilities, the commission may, after notice and opportunity for hearing, and under such terms and conditions, and to such extent as the commission deems appropriate, waive compliance with any regulation established under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978], if the commission determines that a waiver of compliance with the regulation is not inconsistent with pipeline safety. Any waiver for the transportation of gas or for gas pipeline facilities shall be subject to approval by the federal agency having jurisdiction as provided in Section 3(e) of the Natural Gas Pipeline Safety Act of 1968, being Public Law 90-481. 1953 Comp., § 65-4-20, enacted by Laws 1969, ch. 71, § 6.

NMSA 1978, § 70-3-17 Continuity of service

70-3-17. Continuity of service When a proposed regulation or commission order will, or may, affect continuity of any gas service, the commission shall consult with any other state or federal agency having jurisdiction over the affected transportation of gas or gas pipeline facility before adopting the regulation or order and shall defer the effective date of the regulation or order until the other state or federal agency has had reasonable opportunity to take such action as it shall deem necessary. 1953 Comp., § 65-4-21, enacted by Laws 1969, ch. 71, § 7.

NMSA 1978, § 70-3-18 Compliance

70-3-18. Compliance A. Each person who engages in the transportation of oil or gas or who owns or operates oil or gas pipeline facilities shall: (1) at all times after the effective date of any regulation, comply with the requirements of the regulation; (2) comply with any plan of inspection and maintenance required to be filed with the commission by the person; and (3) permit the commission access to or the copying of pertinent records, and make reports or provide information to the commission as may be reasonably required, and permit entry to or inspection of its gas or oil pipeline facilities by the commission. B. Nothing in the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] shall affect the common law or statutory tort liability of any person. 1953 Comp., § 65-4-22, enacted by Laws 1969, ch. 71, § 8.

NMSA 1978, § 70-3-19 Enforcement; penalties

70-3-19. Enforcement; penalties A. If, as a result of investigation, the commission has good cause to believe that any person is violating any provision of Subsection A of Section 70-3-18 NMSA 1978 or any regulation adopted by the commission under the Pipeline Safety Act, the commission shall, when practicable and except in the case of a knowing and willful violation, give the person notice of the violation and an opportunity to comply. If the commission is unable within a reasonable time to obtain voluntary cooperation to prevent the continuing violation, the commission may apply for an injunction in the district court of the county in which the violation occurs to secure compliance. The failure to give notice and afford an opportunity to comply shall not preclude the granting of injunctive relief. B. The trial before the district court shall be before the court without jury, and the court shall enter judgment and orders enforcing the judgment as the public interest and equities of the case may require. C. Any person owning or operating gas pipeline facilities or engaged in the transportation of gas or owning or operating oil pipeline facilities or engaged in the transportation of oil who has been determined by order of the commission after hearing to have violated any provision of Subsection A of Section 70-3-18 NMSA 1978 or any regulation promulgated under the Pipeline Safety Act applicable to intrastate pipeline facilities shall be subject to a civil penalty in an amount not to exceed the maximum civil penalty provided pursuant to 49 U.S.C. Section 60122 and 49 C.F.R. 190.223. D. In determining the amount of the penalty, the commission shall consider the nature, circumstances and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty and other matters as justice may require. E. Judicial review of any provision of this section may be accomplished in the same manner as is found in Section 70-3-15 NMSA 1978. F. Any person who willfully and knowingly injures or destroys or attempts to injure or destroy an intrastate pipeline facility shall upon conviction be subject for each offense to a fine not to exceed twenty-five thousand dollars ($25,000) or imprisonment for a term not to exceed fifteen years, or both. G. Any person who willfully and knowingly damages, removes or destroys any pipeline sign, right-of-way marker required by the Pipeline Safety Act or any regulation or order issued pursuant to that act shall upon conviction be subject for each offense to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term not to exceed one year, or both. 1953 Comp., § 65-4-23, enacted by Laws 1969, ch. 71, § 9; 1971, ch. 89, § 1; 1993, ch. 185, § 2; 2007, ch. 223, § 2; 2017, ch. 128, § 1; 2025, ch. 136, § 1.

NMSA 1978, § 70-3-21 Pipeline safety fund; created; assessment and collection of fees

70-3-21. Pipeline safety fund; created; assessment and collection of fees A. The "pipeline safety fund" is created in the state treasury for the purpose of enhancing the staffing and training of the pipeline safety bureau of the commission with the goal of assuming the function of inspection of interstate as well as intrastate pipelines. The fund shall consist of fees collected pursuant to Subsection D of this section, appropriations, gifts, grants, donations and earnings from investment of the fund. Balances in the fund shall not be transferred to the general fund at the end of any fiscal year. B. The pipeline safety fund shall be administered by the commission. Money in the fund is appropriated to the commission to carry out its duties pursuant to the provisions of the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] and Chapter 62, Article 14 NMSA 1978. Not more than five percent of the fees collected pursuant to Subsection D of this section shall be used by the commission for administrative purposes. C. Payments from the pipeline safety fund shall be made upon vouchers issued and signed by the director of the administrative services division of the commission or the director's authorized representative upon warrants drawn by the secretary of finance and administration. D. The commission shall collect annual pipeline safety fees for the duties relating to inspection of intrastate pipelines from persons subject to the Pipeline Safety Act in accordance with and not to exceed the following amounts: (1) for the transportation of gas: (a) two dollars ($2.00) per domestic service line; (b) thirty-five dollars ($35.00) per commercial service line; (c) thirty-five dollars ($35.00) per mile of line for the transportation of gas subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400); and (d) one hundred dollars ($100) per master meter, direct sales lateral or liquified petroleum gas system; and (2) for the transportation of oil, thirty-five dollars ($35.00) per mile of transmission line subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400). A fee shall not be assessed on mileage under the jurisdiction of or inspected by the federal department of transportation. E. The commission shall annually conduct a public review of the fees collected and payments made from the fund and provide a summary to the legislative finance committee and the department of finance and administration. Based upon its findings, the commission shall adjust the annual fee rates authorized by Subsection D of this section in order to collect only that amount estimated to be necessary to carry out the provisions of the Pipeline Safety Act and Chapter 62, Article 14 NMSA 1978; provided that the fees shall not be greater than the amounts set forth in Subsection D of this section. Laws 2004, ch. 80, § 1.

NMSA 1978, § 70-3-22 Pipeline safety fee

70-3-22. Pipeline safety fee A public utility that is assessed a pipeline safety fee shall be entitled to collect the fee from its rate payers without the requirement of a request for a change in rates. The utility shall notify the commission in writing of the imposition and amount of the fee and, if practicable, shall show the fee as a separate line item on its bill statements to consumers. Laws 2004, ch. 80, § 4.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18573/index.doFetched: 10/20/2026