45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO THE PUBLIC REGULATION COMMISSION; PROVIDING THAT, IN CERTAIN CIRCUMSTANCES, THE ATTORNEY GENERAL'S COSTS IN MATTERS BEFORE THE COMMISSION SHALL BE REIMBURSED BY REGULATED ENTITIES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 8-5-17 NMSA 1978 (being Laws 1998, Chapter 108, Section 22) is amended to read:

"8-5-17. ATTORNEY GENERAL--CONSUMER REPRESENTATION BEFORE COMMISSION.--

A. The attorney general shall represent residential and small business consumers in matters before the public regulation commission as the attorney general deems appropriate.

B. The attorney general:

(1) shall research, study and analyze residential and small business consumer interests;

(2) shall prepare and present briefs, arguments, proposed rates or orders and intervene or appear on behalf of residential and small business consumers before the public regulation commission as a party in interest;

(3) may accept grants and donations in the name of the state to carry out the provisions of this section;

(4) may cooperate with tribal and pueblo governments in New Mexico to ensure that the interests of Indian residential and small business consumers are being represented appropriately before the public regulation commission; and

(5) shall report by December 1 of each year to the legislature and the governor on the activities of his office on behalf of residential and small business consumers.

C. In any rulemaking, adjudicatory or other hearing before the public regulation commission or a hearing examiner in which a regulated entity is a party, with the approval of the public regulation commission, the attorney general's costs of carrying out the provisions of this section shall be reimbursed by the regulated entity. As used in this subsection, "regulated entity" means a person whose charges for services to the public are regulated by the commission. Money reimbursed pursuant to this section is appropriated to the attorney general for purposes of carrying out the provisions of this section and shall not revert to the general fund."