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Section 70-3-11 – Short title.

This act [70-3-11 to 70-3-20 NMSA 1978] may be cited as the “Pipeline Safety Act.” History: 1953 Comp., § 65-4-15, enacted by Laws 1969, ch. 71, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines §§ 9, 10. Oil and gas tanks, pipes and pipelines, and apparatus and […]

Section 70-3-12 – Definitions.

As used in the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978]: A. “person” means an individual, firm, joint venture, partnership, corporation, association, state, municipality, political subdivision, cooperative association, joint stock association or any combination thereof and includes any receiver, trustee, assignee or personal representative thereof; B. “commission” means the public regulation commission; C. “gas” […]

Section 70-3-13 – Powers and duties of commission.

The commission: A. shall promulgate, amend, enforce and repeal reasonable regulations establishing minimum safety standards for the transportation of oil, hazardous liquids as defined in 49 CFR 195.2 and gas and for the design, installation, inspection, testing, construction, extension, operation, replacement and maintenance, including internal and external surveillance for pipe integrity and installation of emergency […]

Section 70-3-13.1 – Master meter outreach and education.

On the effective date of this legislation, the commission shall: A. commence a continuing industry outreach to coordinate and conduct education and certification programs concerning pipeline safety laws and regulations with respect to master meters; B. develop agreements with the building and construction oversight divisions of the state and of local governments with the intent […]

Section 70-3-14 – Adoption of regulations; notice and hearing.

No regulation or amendment or repeal of any regulation shall be adopted by the commission under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] until after a public hearing by the commission. Hearings on regulations shall be held at Santa Fe. Notice of hearing shall: A. be given at least thirty days prior to […]

Section 70-3-15 – Validity of regulation; judicial review.

A. Any person who is a party to any proceeding before the commission and who is or may be adversely affected by a regulation adopted by the commission, or by any order of the commission, may appeal by petition to the court of appeals for such relief as may be granted by the court, charging […]

Section 70-3-16 – Waiver of regulations.

Upon application by any person engaged in the transportation of gas or oil or owning or operating gas or oil pipeline facilities, the commission may, after notice and opportunity for hearing, and under such terms and conditions, and to such extent as the commission deems appropriate, waive compliance with any regulation established under the Pipeline […]

Section 70-3-17 – Continuity of service.

When a proposed regulation or commission order will, or may, affect continuity of any gas service, the commission shall consult with any other state or federal agency having jurisdiction over the affected transportation of gas or gas pipeline facility before adopting the regulation or order and shall defer the effective date of the regulation or […]

Section 70-3-18 – Compliance.

A. Each person who engages in the transportation of oil or gas or who owns or operates oil or gas pipeline facilities shall: (1) at all times after the effective date of any regulation, comply with the requirements of the regulation; (2) comply with any plan of inspection and maintenance required to be filed with […]

Section 70-3-19 – Enforcement; penalties.

A. If as a result of investigation the commission has good cause to believe that any person is violating any provision of Subsection A of Section 70-3-18 NMSA 1978 or any regulation adopted by the commission under the Pipeline Safety Act, the commission shall, when practicable and except in the case of a knowing and […]

Section 70-3-2 – License; fees; disposition.

Each operator of a pipeline or pipelines operated in the state of New Mexico for the transportation of crude oil, natural gas or the products derived therefrom shall, during the month of July, obtain a license for the operation of such pipeline. Application for such license shall be made upon a form to be provided […]

Section 70-3-20 – Pipeline safety engineer and staff.

The commission shall appoint a professional engineer who shall have at least five years’ actual experience in the design, construction, maintenance and operation of oil or gas pipeline facilities and who shall be designated “pipeline safety engineer.” The commission shall retain such other personnel as may be necessary to carry out the provisions of the […]

Section 70-3-21 – Pipeline safety fund; created; assessment and collection of fees.

A. The “pipeline safety fund” is created in the state treasury for the purpose of enhancing the staffing and training of the pipeline safety bureau of the commission with the goal of assuming the function of inspection of interstate as well as intrastate pipelines. The fund shall consist of fees collected pursuant to Subsection D […]

Section 70-3-22 – Pipeline safety fee.

A public utility that is assessed a pipeline safety fee shall be entitled to collect the fee from its rate payers without the requirement of a request for a change in rates. The utility shall notify the commission in writing of the imposition and amount of the fee and, if practicable, shall show the fee […]

Section 70-3-3 – Exceptions.

The foregoing provisions of Section 70-3-2 NMSA 1978 shall not apply to gathering lines or systems operated exclusively for the gathering of oil or gas in any field or area; to any gas distribution system; or to pipelines constituting a part of any tank farm, plant facilities of any processing plant, gasoline plant, refinery, carbon-black […]

Section 70-3-4 – Pipelines; crossing of railroads and highways.

The crossing of any pipeline operated for the conveyance of oil, natural gas, carbon dioxide gas or the products derived therefrom under any railroad or public road or highway in this state, outside of the confines of any municipal corporation, shall be constructed and maintained according to reasonable rules and regulations adopted by the corporation […]

Section 70-3-5 – Eminent domain power.

A. Any person, firm, association or corporation may exercise the right of eminent domain to take and acquire the necessary right-of-way for the construction, maintenance and operation of pipelines, including microwave systems and structures and other necessary facilities for the purpose of conveyance of petroleum, natural gas, carbon dioxide gas and the products derived therefrom, […]