HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 452

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO UTILITIES; CREATING A TASK FORCE TO INVESTIGATE THE RECENT NATURAL GAS SHUT-DOWN AND ITS RAMIFICATIONS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     SECTION 1. NATURAL GAS EMERGENCY INVESTIGATION TASK FORCE--POWERS AND DUTIES--AGENCY COOPERATION.--

          A. The "natural gas emergency investigation task force" is created and shall be composed of the following members:

                (1) the secretary of finance and administration or the secretary's designee;

                (2) the secretary of homeland security and emergency management or the secretary's designee;

                (3) the chair of the public regulation commission or another commissioner designated by the chair;

                (4) the adjutant general or the adjutant general's designee;

                (5) the attorney general or the attorney general's designee;

                (6) the superintendent of insurance or the superintendent's designee;

                (7) one majority party member and one minority party member of the house of representatives to be appointed by the speaker of the house of representatives; and

                (8) one majority party member and one minority party member of the senate to be appointed by the president pro tempore of the senate.

          B. The secretary of finance and administration shall serve as chair of the task force.

          C. The task force shall:

                (1) investigate how and why New Mexico consumers lost natural gas service in early February 2011;

                (2) investigate the economic and social impacts of the loss;

                (3) investigate the adequacy of the state's and local governments' response to the emergency;

                (4) determine how to safeguard deliverability and operational efficiency in the natural gas pipeline system to prevent undue hardship on New Mexico natural gas consumers;

                (5) invite representatives of federal agencies that regulate interstate pipelines and transportation of natural gas to assist in the task force's duties;

                (6) invite a representative of the federal emergency management agency to assist in the task force's duties;

                (7) invite other experts to assist the task force as necessary;

                (8) recommend state or federal legislation necessary to address the task force's concerns;

                (9) address other matters related to the natural gas emergency that the chair of the task force deems necessary;

                (10) determine the most practicable way that gas customers can be notified of an impending outage or service interruption; and

                (11) determine the best methods to prioritize shutdown decisions during emergencies.

          D. State agencies and legislative committees shall assist the task force as needed.

          E. The task force shall report its findings and recommendations to the governor and the appropriate interim legislative committees by August 1, 2011 and shall post its report on the public regulation commission web site upon completion.

     SECTION 2. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal years 2011 and 2012 to pay the expenses of the natural gas emergency investigation task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund.

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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