HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 269

49th legislature - STATE OF NEW MEXICO - second session, 2010

AN ACT

RELATING TO UTILITIES; PROVIDING FOR VALIDITY OF EXISTING FRANCHISE AGREEMENTS BY MUNICIPALITIES AND COUNTIES WITH PUBLIC UTILITIES IN EFFECT AS OF JANUARY 1, 2010; DECLARING AN EMERGENCY.

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

     Section 1. A new section of Chapter 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] VALIDITY OF CURRENT FRANCHISE AND RIGHT-OF-WAY AGREEMENTS.--Municipal and county franchise and other agreements with public utilities, as "public utility" is defined by Subsection G of Section 62-3-3 NMSA 1978, providing access to public rights of way that are in effect as of January 1, 2010, are valid and enforceable agreements, including those that provide for a payment of fees by the public utility expressed as a percentage of the public utility's revenues or otherwise and including expired agreements that have continued to be honored by both the public utility and the local government according to their terms, regardless of the expiration date of the agreements, if both the public utility and the local government continue to abide by the terms of the expired agreement."

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

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