0001|                         HOUSE BILL 610
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                        JAMES G. TAYLOR
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0006|     
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0007|     
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO COUNTIES; PROVIDING FOR PUBLIC UTILITIES IN CERTAIN
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0013|     CLASS A COUNTIES; AMENDING AND ENACTING CERTAIN SECTIONS OF THE
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0014|     NMSA 1978; DECLARING AN EMERGENCY. 
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  A new Section 4-36-10 NMSA 1978 is enacted to
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0018|     read:
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0019|       "4-36-10.  [<u>NEW MATERIAL</u>]  CLASS A COUNTY--SEWER AND
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0020|     WATER UTILITY--OPERATION AUTHORIZATION.--
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0021|            A.  A class A county having a population of more than
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0022|     four hundred eighty thousand but less than six hundred thousand
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0023|     according to the last federal decennial census, and having a net
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0024|     taxable value for rate setting purposes for the 1994 property
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0025|     tax year of more than six billion one hundred million dollars
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0001|     ($6,100,000,000) but less than seven billion dollars
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0002|     ($7,000,000,000) may establish, purchase, own and operate sewer
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0003|     and water utilities and sell water and sewer utility service.
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0004|            B.  In the operation of a sewer or water utility, the
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0005|     county shall set just and reasonable rates based on its cost of
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0006|     service."
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0007|       Section 2.  Section 4-62-1 NMSA 1978 (being Laws 1992,
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0008|     Chapter 95, Section 1, as amended) is amended to read:
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0009|       "4-62-1.  REVENUE BONDS--AUTHORITY TO ISSUE--PLEDGE OF
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0010|     REVENUES--LIMITATION ON TIME OF ISSUANCE.--
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0011|            A.  In addition to any other law authorizing a county
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0012|     to issue revenue bonds, a county may issue revenue bonds
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0013|     pursuant to Chapter 4, Article 62 NMSA 1978 for the purposes
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0014|     specified in this section.  The term "pledged revenues", as used
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0015|     in Chapter 4, Article 62 NMSA 1978, means the revenues, net
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0016|     income or net revenues authorized to be pledged to the payment
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0017|     of particular revenue bonds as specifically provided in
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0018|     Subsections B through I of this section.
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0019|            B.  Gross receipts tax revenue bonds may be issued
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0020|     for any one or more of the following purposes:
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0021|                 (1)  constructing, purchasing, furnishing,
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0022|     equipping, rehabilitating, making additions to or making
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0023|     improvements to one or more public buildings or purchasing or
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0024|     improving any ground relating thereto, including but not
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0025|     necessarily limited to acquiring and improving parking lots, or
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0001|     any combination of the foregoing;
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0002|                 (2)  acquiring or improving county or public
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0003|     parking lots, structures or facilities or any combination of the
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0004|     foregoing;
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0005|                 (3)  purchasing, acquiring or rehabilitating
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0006|     firefighting equipment or any combination of the foregoing;
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0007|                 (4)  acquiring, extending, enlarging, bettering,
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0008|     repairing, otherwise improving or maintaining storm sewers and
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0009|     other drainage improvements, sanitary sewers, sewage treatment
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0010|     plants or water utilities, including but not limited to the
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0011|     acquisition of rights of way and water and water rights, or any
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0012|     combination of the foregoing;
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0013|                 (5)  reconstructing, resurfacing, maintaining,
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0014|     repairing or otherwise improving existing alleys, streets, roads
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0015|     or bridges or any combination of the foregoing or laying off,
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0016|     opening, constructing or otherwise acquiring new alleys,
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0017|     streets, roads or bridges or any combination of the foregoing;
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0018|     provided that any of the foregoing improvements may include but
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0019|     are not limited to the acquisition of rights of way;
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0020|                 (6)  purchasing, acquiring, constructing, making
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0021|     additions to, enlarging, bettering, extending or equipping any
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0022|     airport facilities or any combination of the foregoing,
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0023|     including without limitation the acquisition of land, easements
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0024|     or rights of way;
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0025|                 (7)  purchasing or otherwise acquiring or
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0001|     clearing land or purchasing, otherwise acquiring and beautifying
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0002|     land for open space;
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0003|                 (8)  acquiring, constructing, purchasing,
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0004|     equipping, furnishing, making additions to, renovating,
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0005|     rehabilitating, beautifying or otherwise improving public parks,
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0006|     public recreational buildings or other public recreational
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0007|     facilities or any combination of the foregoing; or
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0008|                 (9)  acquiring, constructing, extending,
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0009|     enlarging, bettering, repairing or otherwise improving or
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0010|     maintaining solid waste disposal equipment, equipment for
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0011|     operation and maintenance of sanitary landfills, sanitary
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0012|     landfills, solid waste facilities or any combination of the
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0013|     foregoing.
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0014|       A county may pledge irrevocably any or all of the revenue
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0015|     from the first one-eighth of one percent increment of the county
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0016|     gross receipts tax for payment of principal and interest due in
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0017|     connection with, and other expenses related to, gross receipts
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0018|     tax revenue bonds for any of the purposes authorized in this
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0019|     section or specific purposes or for any area of county
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0020|     government services.  If the county gross receipts tax revenue
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0021|     from the first one-eighth of one percent increment of the county
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0022|     gross receipts tax is pledged for payment of principal and
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0023|     interest as authorized by this subsection, the pledge shall
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0024|     require the revenues received from that increment of the county
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0025|     gross receipts tax to be deposited into a special bond fund for
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0001|     payment of the principal, interest and expenses.  At the end of
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0002|     each fiscal year, any money remaining in the special bond fund
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0003|     after the annual obligations for the bonds are fully met may be
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0004|     transferred to any other fund of the county.
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0005|            C.  Fire protection revenue bonds may be issued for
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0006|     acquiring, extending, enlarging, bettering, repairing,
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0007|     improving, constructing, purchasing, furnishing, equipping or
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0008|     rehabilitating any independent fire district project or
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0009|     facilities, including, where applicable, purchasing, otherwise
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0010|     acquiring or improving the ground for the project or any
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0011|     combination of such purposes.  A county may pledge irrevocably
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0012|     any or all of the county fire protection excise tax revenue for
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0013|     payment of principal and interest due in connection with, and
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0014|     other expenses related to, fire protection revenue bonds.  These
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0015|     bonds may be referred to in Chapter 4, Article 62 NMSA 1978 as
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0016|     "fire protection revenue bonds".
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0017|            D.  Environmental revenue bonds may be issued for the
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0018|     acquisition and construction of solid waste facilities, water
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0019|     facilities, wastewater facilities, sewer systems and related
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0020|     facilities.  A county may pledge irrevocably any or all of the
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0021|     county environmental services gross receipts tax revenue for
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0022|     payment of principal and interest due in connection with, and
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0023|     other expenses related to, environmental revenue bonds.  These
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0024|     bonds may be referred to in Chapter 4, Article 62 NMSA 1978 as
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0025|     "environmental revenue bonds".
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0001|            E.  Gasoline tax revenue bonds may be issued for the
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0002|     acquisition of rights of way for and the construction,
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0003|     reconstruction, resurfacing, maintenance, repair or other
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0004|     improvement of county roads and bridges.  A county may pledge
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0005|     irrevocably any or all of the county gasoline tax revenue for
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0006|     payment of principal and interest due in connection with, and
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0007|     other expenses related to, county gasoline tax revenue bonds. 
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0008|     These bonds may be referred to in Chapter 4, Article 62 NMSA
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0009|     1978 as "gasoline tax revenue bonds".
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0010|            F.  Utility revenue bonds or joint utility revenue
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0011|     bonds may be issued for acquiring, extending, enlarging,
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0012|     bettering, repairing or otherwise improving water facilities,
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0013|     sewer facilities, gas facilities or electric facilities or for
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0014|     any combination of the foregoing purposes.  A county may pledge
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0015|     irrevocably any or all of the net revenues from the operation of
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0016|     the utility or joint utility for which the particular utility or
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0017|     joint utility bonds are issued to the payment of principal and
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0018|     interest due in connection with, and other expenses related to,
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0019|     utility or joint utility revenue bonds.  These bonds may be
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0020|     referred to in Chapter 4, Article 62 NMSA 1978 as "utility
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0021|     revenue bonds" or "joint utility revenue bonds".
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0022|            G.  Project revenue bonds may be issued for
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0023|     acquiring, extending, enlarging, bettering, repairing,
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0024|     improving, constructing, purchasing, furnishing, equipping or
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0025|     rehabilitating any revenue-producing project, including, as
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0001|     applicable, purchasing, otherwise acquiring or improving the
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0002|     ground therefor and including but not limited to acquiring and
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0003|     improving parking lots, or may be issued for any combination of
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0004|     the foregoing purposes.  The county may pledge irrevocably any
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0005|     or all of the net revenues from the operation of the
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0006|     revenue-producing project for which the particular project
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0007|     revenue bonds are issued to the payment of the interest on and
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0008|     principal of the project revenue bonds.  The net revenues of any
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0009|     revenue-producing project may not be pledged to the project
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0010|     revenue bonds issued for any other revenue-producing project
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0011|     that is clearly unrelated in nature; but nothing in this
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0012|     subsection prevents the pledge to any of the project revenue
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0013|     bonds of any revenues received from any existing, future or
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0014|     disconnected facilities and equipment that are related to and
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0015|     that may constitute a part of the particular revenue-producing
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0016|     project.  Any general determination by the governing body that
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0017|     any facilities or equipment are reasonably related to and shall
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0018|     constitute a part of a specified revenue-producing project shall
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0019|     be conclusive if set forth in the proceedings authorizing the
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0020|     project revenue bonds.  As used in Chapter 4, Article 62 NMSA
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0021|     1978:
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0022|                 (1)  "project revenue bonds" means the bonds
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0023|     authorized in this subsection; and
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0024|                 (2)  "project revenues" means the net revenues
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0025|     of revenue-producing projects that may be pledged to project
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0001|     revenue bonds pursuant to this subsection.
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0002|            H.  Fire district revenue bonds may be issued for
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0003|     acquiring, extending, enlarging, bettering, repairing,
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0004|     improving, constructing, purchasing, furnishing, equipping and
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0005|     rehabilitating any fire district project, including, where
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0006|     applicable, purchasing, otherwise acquiring or improving the
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0007|     ground therefor, or for any combination of the foregoing
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0008|     purposes.  The county may pledge irrevocably any or all of the
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0009|     revenues received by the fire district from the fire protection
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0010|     fund as provided in Sections 59A-53-1 through 59A-53-17 NMSA
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0011|     1978 and any or all of the revenues provided for the operation
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0012|     of the fire district project for which the particular bonds are
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0013|     issued to the payment of the interest on and principal of such
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0014|     bonds.  The revenues of any fire district project shall not be
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0015|     pledged to the bonds issued for any fire district project that
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0016|     clearly is unrelated in its purpose; but nothing in this section
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0017|     shall prevent the pledge to any of such bonds of any such
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0018|     revenues received from any existing, future or of disconnected
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0019|     facilities and equipment that are related to and that may
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0020|     constitute a part of the particular fire district project.  Any
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0021|     general determination by the governing body of the county that
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0022|     any facilities or equipment are reasonably related to and shall
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0023|     constitute a part of a specified fire district project shall be
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0024|     conclusive if set forth in the proceedings authorizing such fire
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0025|     district bonds.
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0001|            I.  Law enforcement protection revenue bonds may be
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0002|     issued for the repair and purchase of law enforcement apparatus
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0003|     and equipment that meet nationally recognized standards.  The
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0004|     county may pledge irrevocably any or all of the revenues
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0005|     received by the county from the law enforcement protection fund
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0006|     distributions pursuant to Sections 29-13-1 through 29-13-9 NMSA
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0007|     1978, to the payment of the interest on and principal of the law
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0008|     enforcement protection revenue bonds.
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0009|            J.  Except for the purpose of refunding previous
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0010|     revenue bond issues, no county may sell revenue bonds payable
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0011|     from pledged revenue after the expiration of two years from the
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0012|     date of the ordinance authorizing the issuance of the bonds or,
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0013|     for bonds to be issued and sold to the New Mexico finance
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0014|     authority as authorized in Subsection C of Section 4-62-4 NMSA
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0015|     1978, after the expiration of two years from the date of the
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0016|     resolution authorizing the issuance of the bonds.  However, any
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0017|     period of time during which a particular revenue bond issue is
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0018|     in litigation shall not be counted in determining the expiration
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0019|     date of that issue.
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0020|            K.  No bonds may be issued by a county, other than an
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0021|     H class county <s>[or]</s>, a class B county as defined in Section
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0022|     4-36-8 NMSA 1978 <u>or a class A county as described in Section 
</u>    |
<u></u>0023| <u>    4-36-10 NMSA 1978</u>, to acquire, equip, extend, enlarge, better,
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0024|     repair or construct any utility unless the utility is regulated
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0025|     by the New Mexico public utility commission pursuant to the
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0001|     Public Utility Act and the issuance of the bonds is approved by
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0002|     the commission.  For purposes of Chapter 4, Article 62 NMSA
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0003|     1978, a "utility" includes but is not limited to any water,
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0004|     wastewater, sewer, gas or electric utility or joint utility
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0005|     serving the public.  H class counties shall obtain New Mexico
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0006|     public utility commission approvals required by Section 3-23-3
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0007|     NMSA 1978.
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0008|            L.  Any law that imposes or authorizes the imposition
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0009|     of a county gross receipts tax, a county environmental services
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0010|     gross receipts tax, a county fire protection excise tax or the
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0011|     gasoline tax, or that affects any of those taxes, shall not be
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0012|     repealed or amended in such a manner as to impair any
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0013|     outstanding revenue bonds that are issued pursuant to Chapter 4,
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0014|     Article 62 NMSA 1978 and that may be secured by a pledge of
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0015|     those taxes unless the outstanding revenue bonds have been
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0016|     discharged in full or provision has been fully made therefor.
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0017|            M.  As used in this section:
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0018|                 (1)  "county environmental services gross
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0019|     receipts tax revenue" means the revenue from the county
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0020|     environmental services gross receipts tax transferred to the
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0021|     county pursuant to Section 7-1-6.13 NMSA 1978;
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0022|                 (2)  "county fire protection excise tax revenue"
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0023|     means the revenue from the county fire protection excise tax
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0024|     transferred to the county pursuant to Section 7-1-6.13 NMSA
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0025|     1978;
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0001|                 (3)  "county gross receipts tax revenue" means
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0002|     the revenue attributable to the first one-eighth of one percent
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0003|     increment of the county gross receipts tax transferred to the
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0004|     county pursuant to Section 7-1-6.13 NMSA 1978 and any
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0005|     distribution related to the first one-eighth of one percent made
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0006|     pursuant to Section 7-1-6.16 NMSA 1978;
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0007|                 (4)  "gasoline tax revenue" means the revenue
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0008|     from that portion of the gasoline tax distributed to the county
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0009|     pursuant to Sections 7-1-6.9 and 7-1-6.26 NMSA 1978; and
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0010|                 (5)  "public building" includes but is not
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0011|     limited to fire stations, police buildings, jails, libraries,
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0012|     museums, auditoriums, convention halls, hospitals, buildings for
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0013|     administrative offices, courthouses and garages for housing,
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0014|     repairing and maintaining county vehicles and equipment.
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0015|            N.  As used in Chapter 4, Article 62 NMSA 1978, the
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0016|     term "bond" means any obligation of a county issued under
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0017|     Chapter 4, Article 62 NMSA 1978, whether designated as a bond,
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0018|     note, loan, warrant, debenture, lease-purchase agreement or
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0019|     other instrument evidencing an obligation of a county to make
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0020|     payments."
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0021|       Section 3.  Section 62-3-3 NMSA 1978 (being Laws 1967,
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0022|     Chapter 96, Section 3, as amended by Laws 1993, Chapter 282,
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0023|     Section 21 and by Laws 1993, Chapter 308, Section 3 and also by
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0024|     Laws 1993, Chapter 351, Section 2) is amended to read:
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0025|       "62-3-3.  DEFINITIONS, WORDS AND PHRASES.--Unless otherwise
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0001|     specified, when used in the Public Utility Act <s>[as amended]</s>:
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0002|            A.  "affiliated interest" means a person who directly
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0003|     or indirectly, through one or more intermediaries, controls or
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0004|     is controlled by or is under common control with a public
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0005|     utility.  Control includes instances where a person is an
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0006|     officer, director, partner, trustee or person of similar status
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0007|     or function or who owns directly or indirectly or has a
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0008|     beneficial interest in ten percent or more of any class of
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0009|     securities of a person;
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0010|            B.  "commission" means the New Mexico public
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0011|     <s>[service]</s> <u>utility</u> commission;
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0012|            C.  "commissioners" means any member of the
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0013|     commission;
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0014|            D.  "municipality" means any municipal corporation
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0015|     organized under the laws of the state, <u>class A counties as
</u>    |
<u></u>0016| <u>    described in Section 4-36-10 NMSA 1978</u> and H class counties;
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0017|            E.  "person" means individuals, firms, partnerships,
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0018|     companies, rural electric cooperatives organized under Laws
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0019|     1937, Chapter 100 or the Rural Electric Cooperative Act, as
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0020|     amended, corporations and lessees, trustees or receivers
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0021|     appointed by any court.  It shall not mean any municipality as
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0022|     defined in this section unless the municipality has elected to
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0023|     come within the terms of the Public Utility Act <s>[as amended]</s>
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0024|     as provided in Section 62-6-5 NMSA 1978.  In the absence of such
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0025|     voluntary election by any municipality to come within the
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0001|     provisions of the Public Utility Act <s>[as amended]</s>, the
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0002|     municipality shall be expressly excluded from the operation of
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0003|     that act and from the operation of all of its provisions, and no
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0004|     such municipality shall for any purpose be considered a public
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0005|     utility;
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0006|            F.  "securities" means stock, stock certificates,
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0007|     bonds, notes, debentures, mortgages or deeds of trust or other
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0008|     evidences of indebtedness issued, executed or assumed by any
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0009|     utility;
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0010|            G.  "public utility" or "utility" means every person
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0011|     not engaged solely in interstate business and, except as stated
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0012|     in Sections 62-3-4 and 62-3-4.1 NMSA 1978, that now does or
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0013|     hereafter may own, operate, lease or control:
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0014|                 (1)  any plant, property or facility for the
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0015|     generation, transmission or distribution, sale or furnishing to
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0016|     or for the public of electricity for light, heat or power or
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0017|     other uses;
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0018|                 (2)  any plant, property or facility for the
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0019|     manufacture, storage, distribution, sale or furnishing to or for
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0020|     the public of natural or manufactured gas or mixed or liquefied
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0021|     petroleum gas, for light, heat or power or for other uses; but
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0022|     the term "public utility" or "utility" shall not include any
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0023|     plant, property or facility used for or in connection with the
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0024|     business of the manufacture, storage, distribution, sale or
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0025|     furnishing of liquefied petroleum gas in enclosed containers or
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0001|     tank truck for use by others than consumers who receive their
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0002|     supply through any pipeline system operating under municipal
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0003|     authority or franchise, and distributing to the public;
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0004|                 (3)  any plant, property or facility for the
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0005|     supplying, storage, distribution or furnishing to or for the
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0006|     public of water for manufacturing, municipal, domestic or other
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0007|     uses; provided, however, nothing contained in this paragraph
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0008|     shall be construed to apply to irrigation systems, the chief or
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0009|     principal business of which is to supply water for the purpose
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0010|     of irrigation;
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0011|                 (4)  any plant, property or facility for the
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0012|     production, transmission, conveyance, delivery or furnishing to
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0013|     or for the public of steam for heat or power or other uses; or
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0014|                 (5)  any plant, property or facility for the
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0015|     supplying and furnishing to or for the public of sanitary sewers
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0016|     for transmission and disposal of sewage produced by
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0017|     manufacturing, municipal, domestic or other uses;
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0018|     <u>provided that the terms "public utility" or "utility" as used
</u>    |
<u></u>0019| <u>    in the Public Utility Act do not include any utility owned or
</u>    |
<u></u>0020| <u>    operated by any class A county as described in Section 4-36-10
</u>    |
<u></u>0021| <u>    NMSA 1978 either directly or through a corporation owned by or
</u>    |
<u></u>0022| <u>    under contract with such a county</u>;
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0023|            H.  "rate" means every rate, tariff, charge or other
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0024|     compensation for utility service rendered or to be rendered by
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0025|     any utility and every rule, regulation, practice, act,
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0001|     requirement or privilege in any way relating to such rate,
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0002|     tariff, charge or other compensation and any schedule or tariff
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0003|     or part of a schedule or tariff thereof;
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0004|            I.  "service" or "service regulation" means every
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0005|     rule, regulation, practice, act or requirement in any way
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0006|     relating to the service or facility of a utility;
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0007|            J.  "Class I transaction" means the sale, lease or
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0008|     provision of real property, water rights or other goods or
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0009|     services by an affiliated interest to any public utility with
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0010|     which it is affiliated or by a public utility to its affiliated
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0011|     interest;
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0012|            K.  "Class II transaction" means:
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0013|                 (1)  the formation after <s>[the effective date of
</s>    |
<s></s>0014| <s>    this 1982 act]</s> <u>May 19, 1982</u> of a corporate subsidiary by a
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0015|     public utility or a public utility holding company by a public
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0016|     utility or its affiliated interest;
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0017|                 (2)  the direct acquisition of the voting
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0018|     securities or other direct ownership interests of a person by a
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0019|     public utility if such acquisition would make the
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0020|     utility the owner of ten percent or more of the voting
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0021|     securities or other direct ownership interests of that person;
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0022|                 (3)  the agreement by a public utility to
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0023|     purchase securities or other ownership interest of a person
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0024|     other than a nonprofit corporation, contribute additional equity

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0025|     to, acquire additional equity interest in or pay or guarantee
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0001|     any bonds, notes, debentures, deeds of trust or other evidence
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0002|     of indebtedness of any such person; provided, however, that a
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0003|     public utility may honor all agreements entered into by such
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0004|     utility prior to <s>[the effective date of this 1982 act]</s> <u>May
</u>    |
<u></u>0005| <u>    19, 1982</u>; or
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0006|                 (4)  the divestiture by a public utility of any
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0007|     affiliated interest <s>[which]</s> <u>that</u> is a corporate subsidiary
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0008|     of the public utility;
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0009|            L.  "corporate subsidiary" means any person ten
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0010|     percent or more of whose voting securities or other ownership
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0011|     interests are directly owned by a public utility; and
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0012|            M.  "public utility holding company" means an
    |
0013|     affiliated interest <s>[which]</s> <u>that</u> controls a public utility
    |
0014|     through the direct or indirect ownership of voting securities of
    |
0015|     such public utility."
    |
0016|       Section 4.  Section 62-6-4 NMSA 1978 (being Laws 1941,
    |
0017|     Chapter 84, Section 17, as amended) is amended to read:
    |
0018|       "62-6-4.  SUPERVISION AND REGULATION OF UTILITIES.--
    |
0019|            A.  The commission shall have general and exclusive
    |
0020|     power and jurisdiction to regulate and supervise every public
    |
0021|     utility in respect to its rates and service regulations and in
    |
0022|     respect to its securities, all in accordance with the provisions
    |
0023|     and subject to the reservations of the Public Utility Act, and
    |
0024|     to do all things necessary and convenient in the exercise of its
    |
0025|     power and jurisdiction.  Nothing in this section, however, shall
    |
0001|     be deemed to confer upon the commission power or jurisdiction to
    |
0002|     regulate or supervise the rates or service of any utility owned
    |
0003|     and operated by any municipal corporation either directly or
    |
0004|     through a municipally owned corporation or owned and operated by
    |
0005|     any H class county, <s>[or]</s> by a class B county as defined in
    |
0006|     Section 4-36-8 NMSA 1978 <u>or by a class A county as described by
</u>    |
<u></u>0007| <u>    Section 4-36-10 NMSA 1978</u> either directly or through a
    |
0008|     corporation owned by or under contract with an H class county, 
    |
0009|     <s>[or]</s> by a class B county as defined in Section 4-36-8 NMSA
    |
0010|     1978 <u>or by a class A county as described by Section 4-36-10
</u>    |
<u></u>0011| <u>    NMSA 1978</u>.  No inspection or supervision fees shall be paid by
    |
0012|     such municipalities or municipally owned corporations, <s>[or]</s> a
    |
0013|     class B county as defined in Section 4-36-8 NMSA 1978, <u>a class
</u>    |
<u></u>0014| <u>    A county as described by Section 4-36-10 NMSA 1978</u> or H class
    |
0015|     counties or such corporation owned by or under contract with a
    |
0016|     class B county as defined in Section 4-36-8 NMSA 1978, <u>a class
</u>    |
<u></u>0017| <u>    A county as described by Section 4-36-10 NMSA 1978</u> or an H
    |
0018|     class county with respect to operations conducted in a class B
    |
0019|     county as defined in Section 4-36-8 NMSA 1978, <u>in a class A
</u>    |
<u></u>0020| <u>    county as described by Section 4-36-10 NMSA 1978</u> or in H class
    |
0021|     counties.
    |
0022|            B.  The sale, furnishing or delivery of gas, water or
    |
0023|     electricity by any person to a utility for resale to or for the
    |
0024|     public shall be subject to regulation by the commission but only
    |
0025|     to the extent necessary to enable the commission to determine
    |
0001|     that the cost to the utility of the gas, water or electricity at
    |
0002|     the place where the major distribution to the public begins is
    |
0003|     reasonable and that the methods of delivery of the gas, water or
    |
0004|     electricity are adequate; provided, however, that nothing in
    |
0005|     this subsection shall be construed to permit regulation by the
    |
0006|     commission of production or sale price at the wellhead of gas or
    |
0007|     petroleum, except regulation of abandonment pursuant to Section
    |
0008|     62-7-8 NMSA 1978.
    |
0009|            C.  The sale, furnishing or delivery of coal, uranium
    |
0010|     or other fuels by any affiliated interest to a utility for the
    |
0011|     generation of electricity for the public shall be subject to
    |
0012|     regulation by the commission but only to the extent necessary to
    |
0013|     enable the commission to determine that the cost to the utility
    |
0014|     of the coal, uranium or other fuels at the point of sale is
    |
0015|     reasonable and that the methods of delivery of the electricity
    |
0016|     are adequate; provided, however, that nothing in this subsection
    |
0017|     shall be construed to permit regulation by the commission of
    |
0018|     production or sale price at the wellhead of gas or petroleum,
    |
0019|     except regulation of abandonment pursuant to Section 62-7-8 NMSA
    |
0020|     1978.  Nothing in this section shall be construed to permit
    |
0021|     regulation by the commission of production or sale price at the
    |
0022|     point of production of coal, uranium or other fuels."
    |
0023|       Section 5.  EMERGENCY.--It is necessary for the public
    |
0024|     peace, health and safety that this act take effect immediately.
    |
0025|                              
    |
0001|                              State of New Mexico
    |
0002|                    House of Representatives
    |
0003|   
    |
0004|                    FORTY-SECOND LEGISLATURE
    |
0005|                      SECOND SESSION, 1996
    |
0006|   
    |
0007|                                              February 2, l996
    |
0008|   
    |
0009|   
    |
0010|   Mr. Speaker:
    |
0011|   
    |
0012|       Your RULES AND ORDER OF BUSINESS COMMITTEE, to
    |
0013|   whom has been referred
    |
0014|   
    |
0015|                         HOUSE BILL 610
    |
0016|                                 
    |
0017|   has had it under consideration and finds same to be
    |
0018|   GERMANE in accordance with constitutional provisions.
    |
0019|   
    |
0020|                                Respectfully submitted,
    |
0021|   
    |
0022|   
    |
0023|                                <u>                                 
</u>    |
<u></u>0024| <u>   
</u>    |
<u></u>0025| <u>  </u>                            Barbara A. Perea Casey,
    |
0001|   Chairperson
    |
0002|   
    |
0003|   
    |
0004|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0005| <u>  </u>
    |
0006|            (Chief Clerk)                       (Chief Clerk)
    |
0007|   
    |
0008|                      Date <u>            </u>
    |
0009|   
    |
0010|   The roll call vote was<u> 6 </u> For<u> 2 </u> Against
    |
0011|   Yes:          6
    |
0012|   No:      Gubbels, Casey
    |
0013|   Excused: Nicely, Olguin, Pederson, Picraux, Rodella,
    |
0014|   J. G. Taylor, Wallach
    |
0015|   Absent:  None
    |
0016|   
    |
0017|     H0610RC1                     State of New Mexico
    |
0018|                    House of Representatives
    |
0019|   
    |
0020|                    FORTY-SECOND LEGISLATURE
    |
0021|                      SECOND SESSION, 1996
    |
0022|   
    |
0023|   
    |
0024|                                              February 5, 1996
    |
0025|   
    |
0001|   
    |
0002|   Mr. Speaker:
    |
0003|   
    |
0004|       Your APPROPRIATIONS AND FINANCE COMMITTEE, to
    |
0005|   whom has been referred
    |
0006|   
    |
0007|                        HOUSE BILL 610
    |
0008|                                
    |
0009|                                 has had it under consideration and reports same with
    |
0010|   recommendation that it DO PASS.
    |
0011|   
    |
0012|                                Respectfully submitted,
    |
0013|   
    |
0014|   
    |
0015|   
    |
0016|                                <u>                                 
</u>    |
<u></u>0017| <u>  </u>                            Max Coll, Chairman
    |
0018|   
    |
0019|   
    |
0020|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0021| <u>  </u>
    |
0022|            (Chief Clerk)                       (Chief Clerk)
    |
0023|   
    |
0024|                      Date <u>            </u>
    |
0025|   
    |
0001|   The roll call vote was<u> 12 </u> For<u> 2 </u> Against
    |
0002|   Yes:          12
    |
0003|   No:      Buffett, Reyes
    |
0004|   Excused: Bird, Gentry, Townsend, Varela
    |
0005|   Absent:  none
    |
0006|   
    |
0007|   
    |
0008|                                                              
    |
0009|     H0610AF1                    FORTY-SECOND LEGISLATURE
    |
0010|                          SECOND SESSION
    |
0011| 
    |
0012| 
    |
0013|                                                February 8, 1996
    |
0014| 
    |
0015| 
    |
0016| HOUSE FLOOR AMENDMENT number ______ to HOUSE BILL 610
    |
0017| 
    |
0018| Amendment sponsored by Representative____________________
    |
0019|  
    |
0020| 
    |
0021| 
    |
0022|     1.  On page 1, strike lines 21 through 25 and on page 2, line 1,
    |
0023| strike "($7,000,000,000)" and insert in lieu thereof:
    |
0024|     
    |
0025|     "one hundred thirty-five thousand but less than four hundred eighty-one thousand according to the last federal decennial census, and having
    |
0001| a 1993 net taxable value of property, as that term is defined in the
    |
0002| Property Tax Code, of at least one billion one hundred thirty-one
    |
0003| million dollars ($1,131,000,000) but not more than five billion two
    |
0004| hundred million dollars ($5,200,000,000)".  
    |
0005| 
    |
0006| 
    |
0007| 
    |
0008| 
    |
0009| 
    |
0010|                                      ___________________________
    |
0011|                                      
    |
0012| 
    |
0013| 
    |
0014| 
    |
0015| Adopted___________________   Not Adopted___________________________
    |
0016|          (Chief Clerk)                      (Chief Clerk)
    |
0017| 
    |
0018| 
    |
0019|                 Date ________________                    FORTY-SECOND LEGISLATURE
    |
0020|                          SECOND SESSION
    |
0021| 
    |
0022| 
    |
0023|                                                February 7, 1996
    |
0024| 
    |
0025| 
    |
0001| HOUSE FLOOR AMENDMENT number ______ to HOUSE BILL 610
    |
0002| 
    |
0003| Amendment sponsored by Representative _______________________
    |
0004| 
    |
0005| 
    |
0006|     1.  On page 12, lines 14 and 15, strike "class A counties as
    |
0007| described in Section 4-36-10 NMSA 1978".
    |
0008| 
    |
0009|     2.  On page 12, line 20, after the period insert:
    |
0010| 
    |
0011|     "It shall not mean any class A county as described by Section 
    |
0012| 4-36-10 NMSA 1978 or any class B county as described by Section 4-36-8
    |
0013| NMSA 1978.".
    |
0014| 
    |
0015| 
    |
0016| 
    |
0017|                                      ___________________________
    |
0018|                                      
    |
0019| 
    |
0020| 
    |
0021| 
    |
0022| Adopted___________________   Not Adopted___________________________
    |
0023|          (Chief Clerk)                      (Chief Clerk)
    |
0024| 
    |
0025| 
    |
0001|                 Date ________________  
    |
0002|   
    |
0003|                      FORTY-SECOND LEGISLATURE
    |
0004|                        SECOND SESSION, 1996
    |
0005|   
    |
0006|   
    |
0007|                                                  February 10, 1996
    |
0008|   
    |
0009|   Mr. President:
    |
0010|   
    |
0011|     Your CONSERVATION COMMITTEE, to whom has been referred
    |
0012|   
    |
0013|                     HOUSE BILL 610, as amended
    |
0014|   
    |
0015|   has had it under consideration and reports same with recommendation that
    |
0016|   it DO PASS.
    |
0017|   
    |
0018|                              Respectfully submitted,
    |
0019|   
    |
0020|   
    |
0021|   
    |
0022|                              __________________________________
    |
0023|                              TOM R. BENAVIDES, Chairman 
    |
0024|   
    |
0025|   
    |
0001|   
    |
0002|   Adopted_______________________ Not Adopted_______________________
    |
0003|             (Chief Clerk)                          (Chief Clerk)
    |
0004|   
    |
0005|   
    |
0006|   
    |
0007|                     Date ________________________
    |
0008|   
    |
0009|   
    |
0010|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
    |
0011|   Yes:  6
    |
0012|   No:        0
    |
0013|   Excused:   Tsosie, Vernon, Wray
    |
0014|   Absent:    0
    |
0015|   
    |
0016|   
    |
0017|   H0610CO1
    |
0018|   
    |