RELATING TO MUNICIPALITIES; AMENDING A SECTION OF THE MUNICIPAL CODE TO REMOVE THE KILOWATT BASIS FOR MUNICIPAL ELECTRIC UTILITY CHARGES.

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

Section 1. Section 3-24-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-23-2, as amended) is amended to read:

"3-24-2. ELECTRIC UTILITY--CHARGES.--A municipality owning and operating an electric utility shall charge only the person receiving the electric service. Charges shall not be limited to measurement by kilowatt or the kilowatt hour. The provisions of this section shall not apply to the sale by a municipality of surplus electric power and energy derived from its generating facility or its interest in a jointly

owned generating facility."