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AN ACT

RELATING TO PUBLIC REGULATION; PROVIDING FOR A REFUND OF FEES

IN CERTAIN SITUATIONS; REMOVING ENFORCEMENT DUTIES OF THE

ATTORNEY GENERAL.

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

Section 1. A new section of the Public Utility Act,

Section 62-13-2.1 NMSA 1978, is enacted to read:

"62-13-2.1. REFUND OF FEES.--If the commission

dismisses a complaint for lack of probable cause, the

commission may refund a fee paid pursuant to Subsection B of

Section 62-13-2 NMSA 1978 if the commission determines that

the dismissed complaint was filed in good faith."

Section 2. 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 investigation the commission

has good cause to believe that any person is violating any

provision of Subsection A of Section 70-3-18 NMSA 1978 or any

regulation adopted by the commission under the Pipeline

Safety Act, the commission 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 is unable within a reasonable time to

obtain voluntary cooperation to prevent the continuing

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violation, the commission may 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. 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.

C. Any 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 provision of

Subsection A of Section 70-3-18 NMSA 1978 or any 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 related series of violations.

D. In determining the amount of the penalty, the

commission shall consider the nature, circumstances and

gravity of the violation and, with respect to the person

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found to have committed the violation, the degree of

culpability, any 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 other matters as justice may require.

E. Judicial review of any provision of this

section may be accomplished in the same manner as is found in

Section 70-3-15 NMSA 1978.

F. Any 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.

G. Any person who willfully and knowingly damages,

removes or destroys any pipeline sign, right-of-way marker

required by the Pipeline Safety Act or any regulation or

order issued 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."