HOUSE BILL 221
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
John L. Zimmerman
AN ACT
RELATING TO WATER UTILITIES; AMENDING THE SANITARY PROJECTS ACT; ALLOWING CERTAIN RENTERS TO BECOME MEMBERS OF WATER UTILITIES THAT ARE GOVERNED BY THE SANITARY PROJECTS ACT; CHANGING PETITION REQUIREMENTS FOR REQUESTS TO INVESTIGATE THE OPERATIONS OF THOSE UTILITIES; MAKING CERTAIN WATER UTILITIES WITH TWO THOUSAND OR MORE MEMBERS SUBJECT TO THE PUBLIC UTILITY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Sanitary Projects Act is enacted to read:
"[NEW MATERIAL] ASSOCIATIONS SUBJECT TO THE PUBLIC UTILITY ACT.--An association that is governed by the provisions of the Sanitary Projects Act and that has two thousand or more members shall be subject to the jurisdiction of the public regulation commission and to the provisions of the Public Utility Act, in addition to the provisions of the Sanitary Projects Act."
SECTION 2. Section 3-29-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-28-2, as amended) is amended to read:
"3-29-2. DEFINITIONS.--As used in the Sanitary Projects Act:
A. "community" means a rural unincorporated community and includes a combination of two or more rural unincorporated communities when they have been combined for the purposes set forth in the Sanitary Projects Act;
B. "association" includes an association or mutual domestic water consumers association organized under Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52, as well as any association organized under the provisions of the Sanitary Projects Act;
C. "department" means the department of environment;
D. "member" or "membership" means a person who has paid the appropriate fees and has been issued a certificate as required by association bylaws;
E. "person" means a single residence or property owner, as determined by the rules adopted by the association's board of directors; and an individual who rents or leases a residence served by the association and who is billed for service by the association; provided that the individual is not otherwise a qualified member of the association; and
F. "project" means a water supply or reuse, storm drainage or wastewater facility owned, constructed or operated by an association."
SECTION 3. Section 3-29-7 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-28-7, as amended) is amended to read:
"3-29-7. DEPARTMENT POWERS.--
A. Insofar as the department deems it necessary for the purpose of the Sanitary Projects Act, the department may recommend agreements, covenants or rules in regard to operation, maintenance and permanent use of water supply, reclamation, storm drainage and wastewater facilities.
B. The department may:
(1) conduct periodic reviews of the operation of the association;
(2) require the association to submit information to the department;
(3) require submittal of financial reports required pursuant to the Audit Act;
(4) review and require changes to the rate-setting analysis described in Section 3-29-12 NMSA 1978;
(5) after a hearing, intervene in the operation and management with full powers, including the power to set and collect assessments from members of the association, to set and collect service charges and use the same for the proper operation and management of the association; and
(6) appoint and delegate authority to a representative to oversee operation of the association for a specified period.
C. The department may in its discretion or shall, upon a petition of the lesser of twenty-five percent or fifty of the members of the association, conduct investigations as it deems necessary to determine if the association is being operated and managed in the best interests of all the members of the association.
D. Whenever the department determines that an association violated or is violating the Sanitary Projects Act or a rule adopted pursuant to that act, the department may:
(1) issue a compliance order requiring compliance immediately or within a specified time period, or both; or
(2) commence a civil action in district court for appropriate relief, including injunctive relief.
E. A compliance order shall state with reasonable specificity the nature of the violation.
F. If an association fails to take corrective actions within the time specified in a compliance order, the department may assess a civil penalty of not more than two hundred fifty dollars ($250) for each day of continued noncompliance with the compliance order.
G. Any compliance order issued by the department pursuant to this section shall become final unless, no later than thirty days after the compliance order is served, any association named in the compliance order submits a written request to the department for a public hearing. The department shall conduct a public hearing within ninety days after receipt of a request.
H. The department may appoint an independent hearing officer to preside over any public hearing held pursuant to Subsection G of this section. The hearing officer shall:
(1) make and preserve a complete record of the proceedings; and
(2) forward to the department a report that includes recommendations, if recommendations are requested by the department.
I. The department shall consider the findings of the independent hearing officer and, based on the evidence presented at the hearing, the department shall make a final decision regarding the compliance order.
J. In connection with any proceeding under this section, the department may:
(1) adopt rules for discovery and hearing procedures; and
(2) issue subpoenas for the attendance and testimony of witnesses and for relevant papers, books and documents.
K. Penalties collected pursuant to this section shall be deposited in the general fund."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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