46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PUBLIC REGULATION; TRANSFERRING THE INSPECTION AND ENFORCEMENT POWERS OVER PIPELINES FROM THE PUBLIC REGULATION COMMISSION TO THE OIL CONSERVATION DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT; TRANSFERRING THE REGULATION OF AMBULANCE SERVICES FROM THE PUBLIC REGULATION COMMISSION TO THE DEPARTMENT OF HEALTH; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 5-1-1 NMSA 1978 (being Laws 1967, Chapter 167, Section 1, as amended) is amended to read:

"5-1-1. POLITICAL SUBDIVISIONS--AMBULANCE SERVICE.--

A. A municipality or county may:

[A.] (1) provide ambulance service to transport sick or injured persons to a place of treatment in the absence of an established ambulance service only as authorized by the [state corporation commission] department of health;

[B.] (2) contract with other political subdivisions or with private ambulance services for the operation of its ambulance service;

[C.] (3) lease ambulances and other equipment necessary to the operation of its ambulance service;

[D.] (4) in the course of its operation of an ambulance service, proceed to the scene of a disaster beyond its subdivision boundaries when requested, providing no local established ambulance service is available or, if one exists, such local ambulance service deems [their] its capacity inadequate or insufficient for emergency transportation of the disaster victims; and

[E.] (5) transport sick or injured persons from the subdivision boundaries to any place of treatment.

[and

F.] B. No personal action shall be maintained in [any] a court of this state against [any] a member or officer of a political subdivision for [any] a tort or act done, or attempted to be done, when done by the authority of the political subdivision or in execution of its orders under this section. In all such cases, political subdivisions shall be responsible. [Any] A member or officer of the political subdivision may plead the provisions of this section in bar of such action whether it is now pending or hereafter commenced."

Section 2. Section 24-10B-3 NMSA 1978 (being Laws 1993, Chapter 161, Section 2) is amended to read:

"24-10B-3. DEFINITIONS.--As used in the Emergency Medical Services Act:

A. "academy" means a separately funded emergency medical services training program administered through the department of emergency medicine of the university of New Mexico school of medicine;

B. "advance directive" means a written instruction, such as a living will or durable power of attorney for health care, recognizable under state law and relating to the provision of health care when an individual is incapacitated;

C. "advanced life support" means advanced pre-hospital and interfacility care and treatment, including basic and intermediate life support, as prescribed by regulation, which may be performed only by an individual licensed as a paramedic by the bureau and operating under medical direction;

D. "air ambulance service" means [any] a governmental or private service that provides air transportation specifically designed to accommodate the medical needs of a person who is ill, injured or otherwise mentally or physically incapacitated and who requires in-flight medical supervision;

E. "approved emergency medical services training program" means an emergency medical services training program that is sponsored by a post-secondary educational institution, is accredited by the joint review committee on educational programs or active in the accreditation process, as verified by the chair of the joint review committee on educational programs, or is approved by the joint organization on education and participates in the joint organization on education;

F. "basic life support" means pre-hospital and interfacility care and treatment, as prescribed by regulation, [which] that can be performed by all licensed emergency medical technicians;

G. "bureau" means the primary care and emergency medical services bureau of the public health division of the department [of health];

H. "certified emergency medical services first responder" means a person who is certified by the bureau and who functions within the emergency medical services system to provide initial emergency aid, but not basic, intermediate or advanced life support, to a person in need of medical assistance;

I. "critical incident stress debriefing program" means a program of preventive education and crisis intervention intended to reduce the negative effects of critical stress on emergency responders;

J. "curricula" means programs of study, the minimum content of which has been developed by the joint organization on education, for the initial and mandatory refresher training of emergency medical technicians and certified emergency medical services first responders;

K. "department" means the department of health;

L. "emergency medical dispatcher" means a person who is trained and certified pursuant to Subsection [F] G of Section 24-10B-4 NMSA 1978 to receive calls for emergency medical assistance, provide pre-arrival medical instructions, dispatch emergency medical assistance and coordinate its response;

M. "emergency medical services" means the services rendered by emergency medical technicians, certified emergency medical services first responders or emergency medical dispatchers in response to an individual's need for immediate medical care to prevent loss of life or aggravation of physical or psychological illness or injury;

N. "emergency medical services system" means a coordinated system of health care delivery that includes community education and prevention programs, centralized access and emergency medical dispatch, trained first responders, medical-rescue services, ambulance services, hospital emergency departments and specialty care hospitals that respond to the needs of the acutely sick and injured;

O. "emergency medical technician" means a health care provider who has been licensed to practice by the bureau;

P. "intermediate life support" means certain advanced pre-hospital and interfacility care and treatment, including basic life support, as prescribed by regulation, [which] that may be performed only by an individual licensed by the bureau and operating under medical direction;

Q. "joint review committee" means the joint review committee on educational programs for the emergency medical technician-paramedic, a nonprofit organization incorporated in the state of Massachusetts;

R. "medical control" means supervision provided by or under the direction of physicians to providers by written protocol or direct communications;

S. "medical direction" means guidance or supervision provided by a physician to a provider or emergency medical services system and [which] that includes authority over and responsibility for emergency medical dispatch, direct patient care and transport of patients, arrangements for medical control and all other aspects of patient care delivered by a provider;

T. "medical-rescue service" means a provider that is part of the emergency medical services system, but not subject to the authority of the [state corporation commission] department under the Ambulance Standards Act, and [which] that may be dispatched to the scene of an emergency to provide rescue or medical care;

U. "physician" means a doctor of medicine or doctor of osteopathy who is licensed or otherwise authorized to practice medicine or osteopathic medicine in New Mexico;

V. "protocol" means a predetermined, written medical care plan and includes standing orders;

W. "provider" means a person or entity delivering emergency medical services;

X. "regional office" means a regional emergency medical services planning and development agency formally recognized and supported by the bureau;

Y. "secretary" means the secretary of health;

Z. "special skills" means a set of procedures or therapies that are beyond the usual scope of practice of a given level of life support and that have been approved by the medical direction committee for use by a specified provider; and

AA. "state emergency medical services medical director" means a physician employed by the bureau to provide overall medical direction to the statewide emergency medical services program, whose duties include serving as a liaison to the medical community and chairing the medical direction committee."

Section 3. Section 24-10B-4 NMSA 1978 (being Laws 1983, Chapter 190, Section 4, as amended) is amended to read:

"24-10B-4. BUREAU--DUTIES.--The bureau is designated as the lead agency for the emergency medical services system and shall establish and maintain a program for regional planning and development, improvement, expansion and direction of emergency medical services throughout the state, including:

A. design, development, implementation and coordination of communications systems to join the personnel, facilities and equipment of a given region or system that will allow for medical control of pre-hospital or interfacility care;

[B. provision of technical assistance to the public regulation commission for further development and implementation of standards for certification of ambulance services, vehicles and equipment;

C.] B. development of requirements for the collection of data and statistics to evaluate the availability, operation and quality of providers in the state;

[D.] C. adoption of [regulations] rules for medical direction of a provider or emergency medical services system upon the recommendation of the medical direction committee, including:

(1) development of model guidelines for medical direction of all components of an emergency medical services system;

(2) a process for notifying the bureau of the withdrawal of medical control by a physician from a provider; and

(3) specific requirements for medical direction of intermediate and advanced life support personnel and basic life support personnel with special skills approval;

[E.] D. maintenance of a list of approved emergency medical services training programs, the graduates of which shall be the only New Mexico emergency medical services students eligible to apply for emergency medical technician licensure or certified emergency medical services first responder certification;

[F.] E. approval of continuing education programs for emergency medical services personnel;

[G.] F. adoption of [regulations] rules pertaining to the training and certification of emergency medical dispatchers and their instructors;

[H.] G. adoption of [regulations] rules based upon the recommendations of the trauma advisory committee, for implementation and monitoring of a statewide, comprehensive trauma care system, including:

(1) minimum standards for designation or retention of designation as a trauma center or a participating trauma facility;

(2) pre-hospital care management guidelines for the triage and transportation of traumatized persons;

(3) establishment for interfacility transfer criteria and transfer agreements;

(4) standards for collection of data relating to trauma system operation, patient outcome and trauma prevention; and

(5) creation of a state trauma care plan;

[I.] H. adoption of [regulations] rules, based upon the recommendations of the air transport advisory committee, for the certification of air ambulance services;

[J.] I. adoption of [regulations] rules pertaining to authorization of providers to honor advance directives to withhold or terminate care in certain pre-hospital or interfacility circumstances, as guided by local medical protocols;

[K.] J. development of guidelines, with consultation from the state fire marshal, pertaining to the operation of medical-rescue services within the emergency medical services system;

[L.] K. operation of a critical incident stress debriefing program for emergency responders utilizing specifically trained volunteers who shall be considered public employees for the purposes of the Tort Claims Act when called upon to perform a debriefing; and

[M.] L. adoption of rules to establish a cardiac arrest targeted response program pursuant to the Cardiac Arrest Response Act, including registration of automated external defibrillator programs, maintenance of equipment, data collection, approval of automated external defibrillator training programs and a schedule of automated external defibrillator program registration fees."

Section 4. Section 24-10B-5 NMSA 1978 (being Laws 1983, Chapter 190, Section 5, as amended) is amended to read:

"24-10B-5. PERSONNEL LICENSURE REQUIRED.--

A. The department shall by regulation adopt and enforce licensure and certification requirements, including minimum standards for training, continuing education and disciplinary actions consistent with the Uniform Licensing Act, for all persons who provide emergency medical services within the state, irrespective of whether the services are remunerated. Such regulation shall include authorization for the bureau to issue at least annually an updated list of skills, techniques and medications approved for use at each level of life support. [When setting requirements for licensure of persons also subject to the Ambulance Standards Act, the bureau shall consult with the state corporation commission.]

B. In addition to the requirements specified in Subsection A of this section, the department may:

(1) prohibit the use of "emergency medical dispatcher", "emergency medical technician", "certified emergency medical services first responder", "paramedic" or similar terms connoting expertise in providing emergency medical services by any person not licensed or certified under the Emergency Medical Services Act;

(2) deny, suspend or revoke licensure or certification in accordance with the provisions of the Uniform Licensing Act; and

(3) establish a schedule of reasonable fees for application, examination, licensure or certification and regular renewal thereof."

Section 5. Section 27-5-4 NMSA 1978 (being Laws 1965, Chapter 234, Section 4, as amended by Laws 2001, Chapter 30, Section 1, Laws 2001, Chapter 272, Section 1 and also by Laws 2001, Chapter 280, Section 1) is amended to read:

"27-5-4. DEFINITIONS.--As used in the Indigent Hospital and County Health Care Act:

A. "ambulance provider" or "ambulance service" means a specialized carrier based within the state authorized [under] pursuant to provisions and subject to limitations as provided in individual carrier certificates issued by the [public regulation commission] department of health to transport persons alive, dead or dying en route by means of ambulance service. The rates and charges established by public regulation commission tariff shall govern as to allowable cost. Also included are air ambulance services approved by the board. The air ambulance service charges shall be filed and approved pursuant to Subsection D of Section 27-5-6 NMSA 1978 and Section 27-5-11 NMSA 1978;

B. "board" means a county indigent hospital and county health care board;

C. "indigent patient" means a person to whom an ambulance service, a hospital or a health care provider has provided medical care, ambulance transportation or health care services and who can normally support himself and his dependents on present income and liquid assets available to him but, taking into consideration this income and those assets and his requirement for other necessities of life for himself and his dependents, is unable to pay the cost of the ambulance transportation or medical care administered or both. If provided by resolution of a board, it shall not include [any] person whose annual income together with his spouse's annual income totals an amount that is fifty percent greater than the per capita personal income for New Mexico as shown for the most recent year available in the survey of current business published by the United States department of commerce. [Every] A board that has a balance remaining in the fund at the end of a given fiscal year shall consider and may adopt at the first meeting of the succeeding fiscal year a resolution increasing the standard for indigency. The term "indigent patient" includes a minor who has received ambulance transportation or medical care or both and whose parent or the person having custody of that minor would qualify as an indigent patient if transported by ambulance or admitted to a hospital for care or treated by a health care provider or all three;

D. "hospital" means a general or limited hospital licensed by the department of health, whether nonprofit or owned by a political subdivision, and may include by resolution of a board the following health facilities if licensed or, in the case of out-of-state hospitals, approved, by the department of health:

(l) for-profit hospitals;

(2) state-owned hospitals; or

(3) licensed out-of-state hospitals where treatment provided is necessary for the proper care of an indigent patient when that care is not available in an in-state hospital;

E. "cost" means all allowable ambulance transportation costs, medical care costs or costs of providing health care services, to the extent determined by resolution of a board, for an indigent patient. Allowable costs shall be determined in accordance with a uniform system of accounting and cost analysis as determined by regulation of a board, which includes cost of ancillary services but shall not include the cost of servicing long-term indebtedness of a hospital, health care provider or ambulance service;

F. "fund" means a county indigent hospital claims fund;

G. "medicaid eligible" means a person who is eligible for medical assistance from the department;

H. "county" means [any] a county, except a class A county, with a county hospital operated and maintained pursuant to a lease with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico;

I. "department" means the human services department;

J. "sole community provider hospital" means:

(1) a hospital that is a sole community provider hospital under the provisions of the federal medicare guidelines established in 42 C.F.R. 412.92 pursuant to Title 18 of the federal Social Security Act; or

(2) an acute care general hospital licensed by the department of health that is qualified, pursuant to rules adopted by the state agency primarily responsible for the medicaid program, to receive distributions from the sole community provider fund;

K. "drug rehabilitation center" means an agency of local government, a state agency, a private nonprofit entity or combination thereof that operates drug abuse rehabilitation programs that meet the standards and requirements set by the department of health;

L. "alcohol rehabilitation center" means an agency of local government, a state agency, a private nonprofit entity or combination thereof that operates alcohol abuse rehabilitation programs that meet the standards set by the department of health;

M. "mental health center" means a not-for-profit center that provides outpatient mental health services that meet the standards set by the department of health;

N. "health care provider" means:

(1) a nursing home;

(2) an in-state home health agency;

(3) an in-state licensed hospice;

(4) a community-based health program operated by a political subdivision of the state or other nonprofit health organization that provides prenatal care delivered by New Mexico licensed, certified or registered health care practitioners;

(5) a community-based health program operated by a political subdivision of the state or other nonprofit health care organization that provides primary care delivered by New Mexico licensed, certified or registered health care practitioners;

(6) a drug rehabilitation center;

(7) an alcohol rehabilitation center;

(8) a mental health center; or

(9) a licensed medical doctor, osteopathic physician, dentist, optometrist or expanded practice nurse when providing services in a hospital or outpatient setting that are necessary for conditions that endanger the life of or threaten permanent disability to an indigent patient;

O. "health care services" means all treatment and services designed to promote improved health in the county indigent population, including primary care, prenatal care, dental care, provision of prescription drugs, preventive care or health outreach services, to the extent determined by resolution of the board;

P. "planning" means the development of a countywide or multicounty health plan to improve and fund health services in the county based on the county's needs assessment and inventory of existing services and resources and that demonstrates coordination between the county and state and local health planning efforts; and

Q. "commission" means the New Mexico health policy

commission."

Section 6. Section 65-6-2 NMSA 1978 (being Laws 1974, Chapter 82, Section 2, as amended) is amended to read:

"65-6-2. DEFINITIONS.--As used in the Ambulance Standards Act:

A. "ambulance" means a vehicle, including motor vehicles or watercraft, designed and used or intended to be used for the transportation of sick or injured persons;

B. "driver" means a person who, on a regular or irregular basis, either paid or voluntary, serves as the operator of an ambulance;

C. "attendant" means a person who, on a regular or irregular basis, either paid or voluntary, serves as an assistant to the driver in the operation of [the] an ambulance; and

[D. "commission" means the public regulation commission]

D. "department" means the department of health."

Section 7. Section 65-6-4 NMSA 1978 (being Laws 1974, Chapter 82, Section 4) is amended to read:

"65-6-4. [CORPORATION COMMISSION] DEPARTMENT--DUTIES.--

A. The [corporation commission in accordance with its responsibilities to regulate common carriers, shall, within one year of the effective date of this Act, hold public hearings as prescribed in Article 27 of Chapter 64 NMSA 1953 and] department shall adopt regulations:

[A.] (1) for the establishment of reasonable, flexible standards for ambulances, including but not limited to:

[(1)] (a) vehicle design;

[(2)] (b) health and safety equipment to be maintained and used in ambulances;

[(3)] (c) procedures for the operation of ambulances; and

[(4)] (d) at least annual inspection of [ambulances] ambulances; and

[B.] (2) for the licensure of all [ambulance] drivers and attendants, to include:

[(1) minumun] (a) minimum training requirements to include basic and advanced red cross and such other available training as the [commission] department finds reasonable and in the best interests of the public; and

[(2)] (b) a written and practical examination of competence limited to that material, information and training required of [ambulance] drivers and attendants, respectively, in the regulations adopted by the [corporation commission] department.

B. In establishing standards for ambulances, the [commission] department shall give serious consideration to the vehicle needs and limitations imposed by the topography and road and weather conditions of various localities. Further, the [commission] department shall take into consideration the resources of the various communities, institutions and sponsoring organizations providing ambulance service to the public."

Section 8. Section 65-6-5 NMSA 1978 (being Laws 1974, Chapter 82, Section 5) is amended to read:

"65-6-5. APPLICABILITY OF ACT.--Upon the effective date of the Ambulance Standards Act, all ambulances operating in New Mexico, except those excluded in Section [6] 65-6-6 NMSA 1978, shall be issued a three-year certificate of public convenience and necessity by the [state corporation commission] department."

Section 9. Section 70-3-12 NMSA 1978 (being Laws 1969, Chapter 71, Section 2, as amended) is amended to read:

"70-3-12. DEFINITIONS.--As used in the Pipeline Safety Act:

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. "division" means the oil conservation division of the energy, minerals and natural resources department;

[C.] D. "gas" means natural gas, flammable gas or gas that is toxic or corrosive;

[D.] E. "oil" means crude oil and liquid hydrocarbons and manufactured products derived from either;

[E.] F. "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] a municipality or unincorporated city, town or village or [any] a 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.] G. "transportation of oil" means the transmission of oil by pipeline, except pipelines operated exclusively for the gathering of oil in [any] a field or area or pipelines constituting a part of [any] a tank farm, plant facilities of [any] a processing plant, gasoline plant, refinery, carbon-black plant, recycling system or similar operations;

[G.] H. "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.] I. "oil pipeline facilities" means new and existing pipeline rights of way and any equipment, facility or structure used in the transportation of oil; and

[I.] J. "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."

Section 10. Section 70-3-13 NMSA 1978 (being Laws 1969, Chapter 71, Section 3, as amended) is amended to read:

"70-3-13. POWERS AND DUTIES OF COMMISSION.--The commission:

A. shall promulgate, amend [enforce] and repeal reasonable [regulations] rules 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] division upon investigation and hearing determines that an oil, hazardous liquid or gas pipeline facility is hazardous to life or property, [it] the division 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 shall substantially conform to federal pipeline safety rules;

B. may advise, consult, contract and cooperate with [any] an agency of the federal government or [any other] another 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] a contract with the federal government or [any] an agency thereof; and

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] another 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]."

Section 11. Section 70-3-18 NMSA 1978 (being Laws 1969, Chapter 71, Section 8) is amended to read:

"70-3-18. COMPLIANCE.--

A. [Each] A 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] division by the person; and

(3) permit the [commission] division access to or the copying of pertinent records and make reports or provide information to the [commission] division as may be reasonably required and permit entry to or inspection of its gas or oil pipeline facilities by the [commission] division.

B. Nothing in the Pipeline Safety Act shall affect the common law or statutory tort liability of any person."

Section 12. Section 70-3-19 NMSA 1978 (being Laws 1969, Chapter 71, Section 9, as amended) is amended to read:

"70-3-19. ENFORCEMENT--PENALTIES.--

A. If as a result of an investigation the [commission] division has good cause to believe that [any] a person is violating any provision of Subsection A of Section 70-3-18 NMSA 1978 or [any] a regulation adopted by the commission under the Pipeline Safety Act, the [commission] division 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] division is unable within a reasonable time to obtain voluntary cooperation to prevent the continuing violation, the division shall report the violation to the commission. The [commission] division may then 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. In [any] an action to enforce the provisions of the Pipeline Safety Act or [any] a regulation of the commission, the [commission] division and the state shall be represented by the attorney general.

C. 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.

D. [Any] A 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] a provision of Subsection A of Section 70-3-18 NMSA 1978 or [any] a 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 twenty-five thousand dollars ($25,000) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars ($500,000) for [any] a related series of violations.

E. In determining the amount of the penalty, the [commission] trial court 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] a 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 such other matters as justice may require.

F. Judicial review of [any] a provision of this section may be accomplished in the same manner as is found in Section 70-3-15 NMSA 1978.

G. [Any] A 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.

H. [Any] A person who willfully and knowingly damages, removes or destroys [any] a pipeline sign, right-of-way marker required by the Pipeline Safety Act or [any] regulation or order issued [thereunder] 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."

Section 13. Section 70-3-20 NMSA 1978 (being Laws 1969, Chapter 71, Section 10) is amended to read:

"70-3-20. PIPELINE SAFETY ENGINEER AND STAFF.--The [commission] division shall appoint a professional engineer who shall have at least five years' actual experience in the design, construction, maintenance and operation of oil or gas pipeline facilities and who shall be designated "pipeline safety engineer". The [commission] division shall retain such other personnel as may be necessary to carry out the provisions of the Pipeline Safety Act, and the [commission] division shall, subject to state laws and [regulations] rules covering classification and compensation of state employees, be empowered and authorized to fix the compensation to be paid the pipeline safety engineer [and]. The compensation of other personnel employed under the authority of this section shall be subject to the [state] Personnel Act."

Section 14. A new section of the Pipeline Safety Act is enacted to read:

"[NEW MATERIAL] ENFORCEMENT.--The division:

A. shall enforce rules set by the commission pursuant to the Pipeline Safety Act;

B. may make investigations consistent with the power to enforce the provisions of the Pipeline Safety Act and may enter public or private property at all reasonable times. The results of an investigation shall be reduced to writing if an enforcement action is contemplated. A copy of the writing shall be furnished to the operator of the oil, hazardous liquid or gas pipeline facilities investigated before an enforcement action is initiated; and

C. may require a person subject to the Pipeline Safety Act to maintain records, file reports and develop plans for inspection and maintenance of oil, hazardous liquid or gas pipeline facilities."

Section 15. Section 70-5-9 NMSA 1978 (being Laws 1970, Chapter 65, Section 2, as amended) is amended to read:

"70-5-9. ANNUAL LICENSE FEES--INSPECTION FEES.--

A. For the purpose of defraying the expenses of administering the laws relating to the use of CNG in motor vehicles or the LP gas industry, [each] a person, firm or corporation, at the time of application for a license and annually thereafter on or before December 31 of each calendar year, shall pay to the bureau reasonable license fees as set, classified and defined by the bureau for each operating location. Provided, the total annual fees charged [any one] a licensee for a combination of LP gas activities at one location and subject to licensure under this section shall not exceed three hundred fifty dollars ($350), and the fee charged for [any] a single activity or operation as set, classified and defined by the bureau shall not exceed one hundred fifty dollars ($150).

B. Nothing in the LPG and CNG Act is intended to alter the jurisdiction of the [state corporation] oil conservation division of the energy, minerals and natural resources department or the public regulation commission [pipeline safety department].

C. In addition, there shall be paid a reasonable fee for the safety inspection, made by a representative of the bureau, of each LP gas bulk storage plant, LP gas liquid transfer facility and of the LP gas equipment on each vehicular unit used for transportation of LP gas in bulk quantities. The fee shall be set by the bureau and shall not be assessed more frequently than once in each twelve months. The bureau may also charge a reasonable fee for late payment of any fees.

D. No annual license fee fixed by the bureau as provided in this section shall become effective until after notice to each licensee has been made and hearing held on the proposed annual license fees in the manner provided by Section 70-5-14 NMSA 1978. At the conclusion of [any] a hearing, the bureau shall enter its findings and decision in writing as a regulation, and the regulation shall be filed as provided by the State Rules Act."

Section 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.