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

RELATING TO UTILITIES; REQUIRING NOISE AND FUME OR EXHAUST ABATEMENT ON EQUIPMENT LOCATED IN RESIDENTIAL AREAS; DECLARING AN EMERGENCY.

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

Section 1. A new section of the Public Utility Act is enacted to read:

"[NEW MATERIAL] UTILITY EQUIPMENT--NOISE AND FUME OR EXHAUST ABATEMENT REQUIRED.--

A. A public utility shall not store or locate equipment in a residential area if the equipment creates a public nuisance.

B. If a public utility cannot move equipment that creates a public nuisance, it shall provide noise and fume or exhaust abatement or enclose and ventilate the equipment in such a way that the public nuisance is eliminated.

C. A person who believes that a public utility has created a public nuisance in a residential area shall notify the public utility in writing and request that the utility eliminate the public nuisance.

D. A person may bring a cause of action for a temporary restraining order or preliminary or permanent injunction to require a public utility to remove a public nuisance.

E. As used in this section, "public nuisance" means noise pollution; noxious or irritating fumes or exhaust; or machinery or equipment that is not commonly visible in a residential area."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.