SB 794

Page 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

AN ACT

RELATING TO UNDERGROUND UTILITIES; REVISING A DEFINITION;

REVISING THE PIPELINE ONE-CALL NOTIFICATION SYSTEM.

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

Section 1. Section 62-14-2 NMSA 1978 (being Laws 1973,

Chapter 252, Section 2, as amended) is amended to read:

"62-14-2. DEFINITIONS.-- As used in Chapter 62,

Article 14 NMSA 1978:

A. "advance notice" means two working days;

B. "blasting" means the use of an explosive to

excavate;

C. "cable television lines and related facilities"

means the facilities of any cable television system or

closed-circuit coaxial cable communications system or other

similar transmission service used in connection with any

cable television system or other similar closed-circuit

coaxial cable communications system;

D. "commission" means the public regulation

commission;

E. "emergency excavation" means an excavation that

must be performed due to circumstances beyond the excavator's

control and that affects public safety, health or welfare;

F. "excavate" means the movement or removal of

earth using mechanical excavating equipment or blasting and

SB 794

Page 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

includes augering, backfilling, digging, ditching, drilling,

grading, plowing in, pulling in, ripping, scraping,

trenching, tunneling and directional boring;

G. "excavator" means a person that excavates;

H. "means of location" means a mark such as a

stake, a flag, whiskers or paint that is conspicuous in

nature and that is designed to last at least ten working days

if not disturbed;

I. "mechanical excavating equipment" means all

equipment powered by any motor, engine or hydraulic or

pneumatic device used for excavating and includes trenchers,

bulldozers, backhoes, power shovels, scrapers, draglines,

clam shells, augers, drills, cable and pipe plows or other

plowing-in or pulling-in equipment;

J. "one-call notification system" means a

communication system in which an operation center provides

telephone services or other reliable means of communication

for the purpose of receiving excavation notice information

and distributing that information to owners and operators of

pipelines and other underground facilities;

K. "person" means the legal representative of or

an individual, partnership, corporation, joint venture,

state, subdivision or instrumentality of the state or an

association;

L. "pipeline" means a pipeline or system of

SB 794

Page 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

pipelines and appurtenances for the transportation or

movement of any oil or gas, or oil or gas products and

byproducts, subject to the jurisdiction of federal law or

regulation;

M. "reasonable efforts" means notifying the

appropriate one-call notification center or underground

facility owner or operator of planned excavation;

N. "underground facility" means any tangible

property described in Subsections C, L and O of this section

that is underground, but does not include residential

sprinklers or low-voltage lighting; and

O. "underground utility line" means an underground

conduit or cable, including fiber optics, and related

facilities for transportation and delivery of electricity,

telephonic or telegraphic communications or water, sewer and

fire protection lines."

Section 2. Section 62-14-7.1 NMSA 1978 (being Laws

1997, Chapter 30, Section 1, as amended) is amended to read:

"62-14-7.1. PIPELINE ONE-CALL NOTIFICATION SYSTEM.--

A. If a one-call system is operating in the

region, an owner or operator of an underground facility

subject to Chapter 62, Article 14 NMSA 1978 shall be a member

of a one-call notification system by April 15, 2008, unless

earlier membership is required by federal law. A one-call

notification system may be for a region of the state or

SB 794

Page 4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

statewide in scope, unless federal law provides otherwise.

B. Each one-call notification system shall be

operated by:

(1) an owner or operator of pipeline

facilities;

(2) a private contractor;

(3) a state or local government agency; or

(4) a person who is otherwise eligible under

state law to operate a one-call notification system.

C. If the one-call notification system is operated

by owners or operators of pipeline facilities, it shall be

established as a nonprofit entity governed by a board of

directors that shall establish the operating processes,

procedures and technology needed for a one-call notification

system. The board shall further establish a procedure or

formula to determine the equitable share of each member for

the costs of the one-call notification system. The board may

include representatives of excavators or other persons deemed

eligible to participate in the system who are not owners or

operators.

D. Excavators shall give advance notice to the

one-call notification system operating in the intended

excavation area and provide information established by rule

of the commission, except when excavations are by or for a

person that:

SB 794

Page 5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(1) owns or leases or owns a mineral

leasehold interest in the real property on which the

excavation occurs; and

(2) operates all underground facilities

located in the intended excavation area.

E. The one-call notification system shall promptly

transmit excavation notice information to owners or operators

of pipeline facilities in the intended excavation area.

F. After receiving advance notice, owners and

operators of pipeline facilities shall locate and mark their

pipeline facilities in the intended excavation area.

G. The one-call notification system shall provide

a toll-free telephone number or another comparable and

reliable means of communication to receive advance notice of

excavation. Means of communication to distribute excavation

notice to owners or operators of pipeline facilities shall be

reliable and capable of coordination with one-call

notification systems operating in other regions of the state.

H. Operators of one-call notification systems

shall notify the commission of its members and the name and

telephone number of the contact person for each member and

make available to the commission appropriate records in

investigations of alleged violations of Chapter 62, Article

14 NMSA 1978.

I. One-call notification systems and owners and

SB 794

Page 6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

operators of pipeline facilities shall promote public

awareness of the availability and operation of one-call

notification systems and work with state and local

governmental agencies charged with issuing excavation permits

to provide information concerning and promoting awareness by

excavators of one-call notification systems.

J. The commission may prescribe reasonable maximum

rates for the provision of one-call services in New Mexico,

provided that if the reasonableness of such rates is

contested in the manner provided by commission rule, the

burden of proof to show the unreasonableness of such rates

shall be upon the person contesting their reasonableness."