HOUSE BILL 431
56th legislature - STATE OF NEW MEXICO - first session, 2023
Martin R. Zamora and Harry Garcia
RELATING TO LOCAL GOVERNMENTS; RESTRICTING LOCAL GOVERNMENTS' AUTHORITY TO IMPOSE UTILITY SERVICE RESTRICTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] PREEMPTION OVER UTILITY SERVICE RESTRICTIONS.--
A. A county, municipality, special district or other political subdivision of the state shall not enact or enforce a resolution, ordinance, rule, code or policy or take any action that restricts or prohibits or has the effect of restricting or prohibiting the types or fuel sources of energy production that may be used, delivered, converted or supplied by the following entities to serve customers that such entities are authorized to serve:
(1) a public utility or an electric utility;
(2) an entity that generates, sells or transmits electrical energy;
(3) a natural gas utility;
(4) a natural gas transmission company; or
(5) a liquefied petroleum gas dealer, dispenser or cylinder exchange operator.
B. This section shall not prevent a governmental entity that owns or operates and directly controls an electric or natural gas utility from passing rules, regulations or policies governing the utility.
C. This section does not expand or alter the jurisdiction of the public regulation commission over public utilities or electric utilities.
D. Any resolution, ordinance, rule, code or policy or other action by a county, municipality, special district or other political subdivision of the state that is preempted by this act that existed before or on July 1, 2023 is void.
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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