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Home » US Law » 2021 New Mexico Statutes » Chapter 3 - Municipalities » Article 24 - Electric Utility

Section 3-24-1 – Electric utility; municipality may acquire and operate; certain municipalities may acquire by contract or condemnation.

A. Any municipality may, by ordinance, acquire, operate and maintain an electric utility for the generation and distribution of electricity to persons residing within its service area. The service area of a municipality includes: (1) territory within the municipality; (2) territory within five miles of the boundary of the municipality in the case of any […]

Section 3-24-10 – Contracts with electric utilities for the operation of facilities.

A. Any municipality owning and operating facilities for the furnishing of electricity may contract with any electric utility: (1) to operate and manage all or part of the electric system of the electric utility; or (2) for the operation and management of the municipal electric facilities by the electric utility upon such terms and conditions […]

Section 3-24-11 – Short title.

Sections 3-24-11 through 3-24-18 NMSA 1978 may be cited as the “Municipal Electric Generation Act”. History: 1978 Comp., § 3-24-11, enacted by Laws 1979, ch. 260, § 8.

Section 3-24-12 – Legislative intent.

It is the intent of the legislature by the passage of the Municipal Electric Generation Act to authorize municipalities which own municipal electric distribution systems on July 1, 1979 to acquire, own and dispose of any generating facility and any undivided or other interest, including without limitation any right to entitlement or capacity, in a […]

Section 3-24-14 – Additional powers conferred on municipalities.

In addition to any other powers which it may now have, a municipality which owns a municipal electric distribution system on July 1, 1979: A. shall have the power to acquire, own, lease, encumber and dispose of a generating facility and shall have the power to contract with respect to the operation, maintenance and management […]

Section 3-24-15 – Contract for participation in and operation and management of jointly owned generating facility; sharing of costs of [on] proportional basis.

Any municipality which intends to acquire any interest in [a] jointly owned generating facility shall enter into a contract with the other joint participants which contract shall set forth the respective rights, duties, obligations and responsibilities of each joint participant for the operation, maintenance and management of the jointly owned generating facility and shall further […]

Section 3-24-16 – Municipal liability.

In carrying out the powers granted by the Municipal Electric Generation Act [3-24-11 to 3-24-18 NMSA 1978], a municipality shall be liable only for its own acts with regard to the acquisition, operation, maintenance or management of a jointly owned generating facility in which it has any interest and shall not be liable for the […]

Section 3-24-17 – Application of municipal money or property.

No money or other property supplied by a municipality for the acquisition, operation, maintenance or management of a jointly owned generating facility in which the municipality has any interest shall be credited or otherwise applied to the account of any other joint participant. History: 1978 Comp., § 3-24-17, enacted by Laws 1979, ch. 260, § […]

Section 3-24-18 – Exemption from certain acts.

The provisions of Sections 6-6-11, 6-6-13 through 6-6-18 and 13-4-1 through 13-4-24 NMSA 1978 and of the Public Purchases Act shall not apply to the acquisition, construction, disposal and operation by a municipality of any generating facility and any undivided or other interest in a jointly owned generating facility, or to any contract, indebtedness or […]

Section 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 […]

Section 3-24-3 – Electric utility; municipality serving a governmental agency.

Any municipality maintaining electric transmission lines more than five miles beyond the municipal boundary for the purpose of supplying electricity to the United States government, the state of New Mexico or any department or agency of these governments may: A. acquire, by purchase, gift or other conveyance, any public utility system using such transmission line […]

Section 3-24-4 – Jurisdiction over land of electric utility.

A. For the purpose of constructing, operating, maintaining and protecting an electric utility, a municipality has jurisdiction over: (1) territory, occupied by an electric utility; (2) all poles, lines, mains, pipes and other facilities of the electric utility; and (3) that portion of any land upon which is located the electric utility and its facilities, […]

Section 3-24-5 – Electric utility; eminent domain power.

Any municipality owning, operating or proposing to construct an electric utility has the power of eminent domain for the purpose of acquiring property for the use of the electric utility according to the procedure for condemnation as provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: 1953 Comp., § 14-23-5, enacted by […]

Section 3-24-6 – Electric utility; power to issue revenue bonds.

A. A municipality may issue electric utility revenue bonds as provided in Sections 3-31-1 through 3-31-12 NMSA 1978. The proceeds from the sale of the electric utility revenue bonds are to be used solely for the purpose of purchasing, acquiring, constructing and making necessary improvements, extensions, repairs and betterments of the electric utility. B. The […]

Section 3-24-7 – Limitations on electric utility of municipality.

A. No municipality in the operation of its electric utility may exercise dominion over territory outside its boundary in which rights have been granted to an electric cooperative under the provisions of Section 62-15-3 NMSA 1978. B. All acts and parts of acts in conflict with Sections 3-24-1 through 3-24-10 NMSA 1978, are repealed, except […]

Section 3-24-9 – Electric utility; rates, charges and service conditions beyond five-mile limit; rate, charge and service standards; fees paid by municipality.

A. Any municipality acquiring, operating or maintaining an electric utility system in that area more than five miles beyond its boundary shall: (1) establish, maintain and collect rates or charges for service in that area that are just and reasonable; and (2) furnish adequate, efficient and reasonable service in that area. B. No municipality acquiring, […]