HB0011

HOUSE BILL 11

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Nathan P. Small and Linda M. Trujillo

AN ACT

RELATING TO PUBLIC REGULATION; REORGANIZING THE OPERATING STRUCTURE OF THE PUBLIC REGULATION COMMISSION; CREATING THE COMMISSION RESOURCES DIVISION WITHIN THE PUBLIC REGULATION COMMISSION; CREATING THE OFFICE OF PUBLIC REGULATION COMMISSION REGULATORY AFFAIRS AS AN AGENCY ADMINISTRATIVELY ATTACHED TO THE REGULATION AND LICENSING DEPARTMENT; TRANSFERRING PERSONNEL AND NON-REGULATORY DUTIES FROM THE PUBLIC REGULATION COMMISSION TO THE OFFICE OF PUBLIC REGULATION COMMISSION REGULATORY AFFAIRS; PROVIDING POWERS AND DUTIES; REQUIRING COMMISSIONERS TO ACT IN THE PUBLIC INTEREST OF THE STATE; AMENDING, REPEALING AND ENACTING SECTIONS OF THE PUBLIC REGULATION COMMISSION ACT; DECLARING AN EMERGENCY.

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

SECTION 1. A new section of the Public Regulation Commission Act is enacted to read:

"[NEW MATERIAL] COMMISSION RESOURCES DIVISION-- ORGANIZATION--CHIEF OF STAFF--STAFF--DUTIES.--

A. The "commission resources division" is created in the public regulation commission and shall consist of staff necessary to carry out the duties and responsibilities of the commission, including:

(1) commission resources staff;

(2) hearing examiners; and

(3) commission resources administrative services.

B. A chief of staff of the commission resources division shall be appointed to serve a six-year term; provided that the initial chief of staff shall serve a three-year term. The same individual may serve multiple terms as the chief of staff. If Article 11, Section 1 of the constitution of New Mexico provides for the election of commissioners, the governor, in consultation with the commission, and with the advice and consent of the senate, shall appoint the chief of staff; and if Article 11, Section 1 of the constitution of New Mexico provides for the appointment of commissioners, the commission shall appoint the chief of staff. The chief of staff may only be removed for cause by the appointing authority, and a vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment was made.

C. The chief of staff shall:

(1) manage the operations of the commission resources division; and

(2) hire and direct staff with expertise in regulatory law, engineering, utility accounting, motor carrier regulation, railroad safety, pipeline safety, ambulance standards, telecommunications, economics and other professional or technical disciplines to carry out the duties of the division. The chief of staff may hire on a temporary, term or contract basis other experts or staff as the commission requires for a particular case. The staff shall be subject to the Personnel Act, as applicable.

D. Commission resources staff shall:

(1) serve as staff to the commission in carrying out its duties and responsibilities;

(2) provide advice and counsel to the commission, including hearing examiners, on legal or technical issues and to commissioners on policy issues;

(3) analyze case records;

(4) analyze recommended decisions;

(5) assist the commission in the development of rules;

(6) assist the commission in writing final orders;

(7) record and track post-order compliance by regulated entities;

(8) conduct research; and

(9) perform other duties as required by the chief of staff or the commission.

E. The commission resources administrative services shall perform the following functions for the commission:

(1) case docketing;

(2) records management;

(3) budget and accounting;

(4) human resources;

(5) procurement; and

(6) information systems services.

F. The commission resources administrative services shall record the rules, orders and other proceedings of the commission and make a complete index to the rules, orders and other proceedings; issue and attest all processes issuing from the commission and affix the seal of the commission to them; and preserve the seal and other property belonging to the commission.

G. Upon request and consent of all parties to a formal consumer complaint, the chief of staff, or a commission resources staff member appointed by the chief of staff, may arbitrate the complaint. The arbitration shall be completed within a time period set by the chief of staff, and the decision may be appealed to the commission. The commission shall adopt rules for arbitration of formal complaints.

H. Informal consumer complaints received by the commission resources division against a regulated entity shall be referred to the office of public regulation commission regulatory affairs."

SECTION 2. A new section of the Public Regulation Commission Act is enacted to read:

"[NEW MATERIAL] OFFICE OF PUBLIC REGULATION COMMISSION REGULATORY AFFAIRS--DIVISIONS--DIRECTOR--DUTIES.--

A. The "office of public regulation commission regulatory affairs" is created and is administratively attached to the regulation and licensing department. The office of public regulation commission regulatory affairs consists of:

(1) the legal division;

(2) the utility division;

(3) the transportation division;

(4) the administrative services division; and

(5) the consumer relations division.

B. The office of public regulation commission regulatory affairs shall represent the public interest in matters before the commission. In order to represent the public interest, the office shall perform economic, accounting and engineering reviews and analysis of regulated entities' operations, regulatory compliance and applications and other filings before the commission to present the commission with its recommendations on how the commission should fulfill its responsibility to the public interest and balance the interests of consumers and investors.

C. The governor, with the advice and consent of the senate, shall appoint a director of the office of public regulation commission regulatory affairs to serve a six-year term. The director may only be removed for cause by the governor, and the same individual may serve multiple terms as the director.

D. The director shall:

(1) manage the operations of the office of public regulation commission regulatory affairs;

(2) direct the legal, utility and transportation divisions in representing the public interest in matters before the commission;

(3) direct the work of the consumer relations division; and

(4) hire division directors and the professional, technical and support staff necessary to carry out the duties of the office. Division directors and staff shall be subject to the Personnel Act.

E. The director may:

(1) apply for and receive, with the governor's approval, in the name of the office any public or private funds, including United States government funds, available to the office to carry out its programs, duties or services;

(2) enter into contracts to carry out the office's powers and duties; and

(3) adopt reasonable administrative, regulatory and procedural rules as may be necessary or appropriate to carry out the duties of the office.

F. The legal division shall serve as counsel to the office of public regulation regulatory affairs and represent the office in matters before the commission. The legal division may present testimony and evidence and cross-examine witnesses in matters before the commission.

G. The utility division shall serve as subject matter experts in the areas of electric, natural gas, renewable energy sources, telecommunications and water and wastewater systems regulation.

H. The transportation division shall serve as subject matter experts and technical staff in the areas of motor carrier regulation and enforcement, railroad safety enforcement, pipeline safety and ambulance standards.

I. The administrative services division shall provide administrative services to the office of public regulation commission regulatory affairs, including:

(1) budget and accounting;

(2) human resources;

(3) procurement; and

(4) information systems services.

J. The consumer relations division shall:

(1) receive and investigate informal consumer

complaints and assist consumers in resolving, in a fair manner and within sixty days unless extended by the director, complaints against a person under the authority of the commission, including mediation and other methods of alternative dispute resolution; provided, however, that assistance pursuant to this paragraph does not include legal representation of a private complainant in an adjudicatory

proceeding;

(2) record complaints received regarding quality or quantity of service provided by a regulated entity or its competitors to determine general concerns of consumers. A report of consumer complaints and their status shall be included in the commission's annual report;

(3) inform the commission of the necessity for

and progress of corrective action against a regulated entity based on complaints received against a regulated entity;

(4) work with the consumer protection division of the attorney general's office, the governor's constituent services office and other state agencies as needed to ensure fair and timely resolution of complaints; and

(5) identify, research and advise the commission on consumer issues and assist the commission in the development and implementation of consumer policies and programs.

K. Office of public regulation commission regulatory affairs staff shall not have ex parte communications with commissioners or a hearing examiner assigned to a pending matter before the commission, except as expressly permitted by Section 8-8-17 NMSA 1978."

SECTION 3. Section 8-8-4 NMSA 1978 (being Laws 1998, Chapter 108, Section 4) is amended to read:

"8-8-4. COMMISSION--GENERAL POWERS AND DUTIES.--

A. The commission shall administer and enforce the laws with which it is charged and has every power conferred by law.

B. In carrying out the duties of the commission, commissioners shall act in the public interest of the state.

[B.] C. The commission may:

(1) [subject to legislative appropriation] appoint and employ such professional, technical and clerical assistance as it deems necessary to assist it in performing its powers and duties;

(2) delegate authority to subordinates as it deems necessary and appropriate, clearly delineating such delegated authority and any limitations;

(3) retain competent attorneys to handle the legal matters of the commission and give advice and counsel in regard to any matter connected with the duties of the commission and, in the discretion of the commission, to represent the commission in any legal proceeding;

(4) organize into organizational units as necessary to enable it to function most efficiently, subject to provisions of law requiring or establishing specific organizational units;

(5) take administrative action by issuing orders not inconsistent with law to assure implementation of and compliance with the provisions of law for which the commission is responsible and to enforce those orders by appropriate administrative action and court proceedings;

(6) conduct research and studies to improve the commission's operations or the provision of services to the citizens of New Mexico;

(7) conduct investigations as necessary to carry out the commission's responsibilities;

(8) apply for and accept grants and donations in the name of the state to carry out its powers and duties;

(9) enter into contracts to carry out its powers and duties;

(10) adopt such reasonable administrative, regulatory and procedural rules as may be necessary or appropriate to carry out its powers and duties;

(11) cooperate with tribal and pueblo governments on topics over which the commission and the other governments have jurisdiction and conduct joint investigations, hold joint hearings and issue joint or concurrent orders as appropriate; and

(12) apply to the district court for injunctions to prevent violations of any laws that it administers or rules or orders adopted pursuant to those laws.

[C.] D. The commission shall:

(1) prepare an annual budget for submission to the legislature;

[(2) provide for surety bond coverage for all employees of the commission as provided in the Surety Bond Act and pay the costs of such bonds;

(3)] (2) adopt rules to streamline the resolution of cases before it when appropriate by:

(a) the use of hearing examiners;

(b) the taking of evidence with the least delay practicable;

(d) adopting procedures for resolving cases in ways other than by trial-type hearings when appropriate, including consent calendars, conferences, settlements, mediation, arbitration and other alternative dispute resolution methods and the use of staff decisions; and

[(4)] (3) provide a toll-free telephone number and publish it and the commission's general telephone number in local telephone directories.

[D.] E. A majority of the commission constitutes a quorum for the transaction of business; provided, however, that a majority vote of the commission is needed for a final decision of the commission."

SECTION 4. TEMPORARY PROVISION--EXEMPT AND CLASSIFIED PERSONNEL AND POSITIONS--APPOINTMENT--ADDITIONAL PERSONNEL.--On the effective date of this act:

A. all classified employees and classified positions, filled or not filled, of the legal division of the public regulation commission, whose functions are being transferred to the office of public regulation commission regulatory affairs, shall be transferred to the office of public regulation commission regulatory affairs;

B. all classified employees and classified positions, filled or not filled, of the transportation division of the public regulation commission, whose functions are being transferred to the office of public regulation commission regulatory affairs, shall be transferred to the office of public regulation commission regulatory affairs;

C. all classified employees and classified positions, filled or not filled, of the utility division of the public regulation commission, whose functions are being transferred to the office of public regulation commission regulatory affairs, shall be transferred to the office of public regulation commission regulatory affairs;

D. all classified employees and classified positions, filled or not filled, of the administrative services division of the public regulation commission, whose functions are being transferred to the office of public regulation commission regulatory affairs, shall be transferred to the office of public regulation commission regulatory affairs;

E. all classified employees and classified positions, filled or not filled, of the consumer relations division of the public regulation commission shall be transferred to the office of public regulation commission regulatory affairs;

F. the governor shall appoint the newly created chief of staff of the commission resources division and the director of the office of public regulation commission regulatory affairs within a reasonable time;

G. after appointment, the chief of staff of the commission resources division may hire additional personnel in accordance with the Personnel Act;

H. after appointment, the director of the office of public regulation commission regulatory affairs may hire division directors for the newly created divisions and additional personnel in accordance with the Personnel Act;

I. subject to the Personnel Act, any qualified person, including present or past employees of the public regulation commission, may apply for any position in the commission resources division or the office of public regulation commission regulatory affairs; and

J. the executive assistants selected by each commissioner shall remain exempt employees of the public regulation commission.

SECTION 5. TEMPORARY PROVISION--TRANSFER OF APPROPRIATIONS, EQUIPMENT, SUPPLIES, RECORDS, MONEY AND CONTRACTS TO THE OFFICE OF PUBLIC REGULATION COMMISSION REGULATORY AFFAIRS.--On the effective date of this act:

A. all money, appropriations, records, furniture, equipment, supplies and other property of the legal division, transportation division, utility division, administrative services division and consumer relations division of the public regulation commission related to duties transferred to the office of public regulation commission regulatory affairs, as necessary, shall be transferred to the office of public regulation commission regulatory affairs;

B. all existing contracts and agreements in effect pertaining to the duties of the legal division, transportation division, utility division, administrative services division and consumer relations division of the public regulation commission transferred to the office of public regulation commission regulatory affairs shall be binding and effective on the office of public regulation commission regulatory affairs; and

C. the rules, orders and decisions of the legal division, transportation division, utility division and consumer relations division of the public regulation commission shall remain in effect until repealed or amended.

SECTION 6. REPEAL.--Sections 8-8-5 through 8-8-8 and 8-8-10 through 8-8-13 NMSA 1978 (being Laws 1998, Chapter 108, Sections 5 through 8 and 10 through 12; Laws 2000, Chapter 100, Section 1 and Laws 2000, Chapter 102, Section 1; and Laws 1998, Chapter 108, Section 13, as amended) are repealed.

SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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