0001| AN ACT | 0002| RELATING TO PIPELINES; ESTABLISHING A ONE-CALL NOTIFICATION SYSTEM | 0003| FOR UNDERGROUND EXCAVATIONS; AMENDING AND ENACTING SECTIONS OF | 0004| THE NMSA 1978. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. A new section of Chapter 62, Article 14 NMSA 1978 is enacted to read: | 0008| "PIPELINE ONE-CALL NOTIFICATION SYSTEM.-- | 0009| A. Every owner or operator of a pipeline facility shall be a member of a one-call | 0010| notification system. A one-call notification system may be for a region of the state or statewide | 0011| in scope, unless federal law provides otherwise. | 0012| B. Each one-call notification system shall be operated by: | 0013| (1) an owner or operator of pipeline facilities; | 0014| (2) a private contractor; | 0015| (3) a state or local government agency; or | 0016| (4) a person who is otherwise eligible under state law to operate a one-call | 0017| notification system. | 0018| C. If the one-call notification system is operated by owners or operators of | 0019| pipeline facilities, it shall be established as a nonprofit entity governed by a board of directors | 0020| that shall establish the operating processes, procedures and technology needed for a one-call | 0021| notification system. The board shall further establish a procedure or formula to determine the | 0022| equitable share of each member for the costs of the one-call notification system. The board may | 0023| include representatives of excavators or other persons deemed eligible to participate in the | 0024| system who are not owners or operators. | 0025| D. Excavators shall give advance notice to the one-call notification system | 0001| operating in the intended excavation area and provide information established by rule and | 0002| regulation of the commission, except when excavations are by or for a person that: | 0003| (1) owns or leases or owns a mineral leasehold interest in the real property | 0004| on which the excavation occurs; and | 0005| (2) operates all underground facilities located in the intended excavation | 0006| area. | 0007| E. The one-call notification system shall promptly transmit excavation notice | 0008| information to owners or operators of pipeline facilities in the intended excavation area. | 0009| F. After receiving advance notice, owners and operators of pipeline facilities shall | 0010| locate and mark their pipeline facilities in the intended excavation area. | 0011| G. The one-call notification system shall provide a toll-free telephone number or | 0012| another comparable and reliable means of communication to receive advance notice of | 0013| excavation. Means of communication to distribute excavation notice to owners or operators of | 0014| pipeline facilities shall be reliable and capable of coordination with one-call notification systems | 0015| operating in other regions of the state. | 0016| H. Operators of one-call notification systems shall notify the commission of its | 0017| members and the name and telephone number of the contact person for each member. | 0018| I. One-call notification systems and owners and operators of pipeline facilities | 0019| shall promote public awareness of the availability and operation of one-call notification systems | 0020| and work with state and local governmental agencies charged with issuing excavation permits to | 0021| provide information concerning and promote awareness by excavators of one-call notification | 0022| systems." | 0023| Section 2. A new section of Chapter 62, Article 14 NMSA 1978 is enacted to read: | 0024| "ENFORCEMENT.--If any person excavates or intends to excavate in violation of | 0025| Chapter 62, Article 14 NMSA 1978, the commission or any interested or affected owner or | 0001| operator of an underground facility may file, in the district court of the county in which the | 0002| excavation is occurring or intended, an action seeking to enjoin the excavation." | 0003| Section 3. A new section of Chapter 62, Article 14 NMSA 1978 is enacted to read: | 0004| "RULE-MAKING.--The commission shall promulgate rules and regulations to implement | 0005| the provisions of Chapter 62, Article 14 NMSA 1978." | 0006| Section 4. Section 62-14-2 NMSA 1978 (being Laws 1973, Chapter 252, Section 2, as | 0007| amended) is amended to read: | 0008| "62-14-2. DEFINITIONS.--For purposes of Chapter 62, Article 14 NMSA 1978: | 0009| A. "blasting" means the use of an explosive to excavate; | 0010| B. "excavate" means the movement or removal of earth using mechanical | 0011| excavating equipment or blasting and includes augering, backfilling, digging, ditching, drilling, | 0012| grading, plowing in, pulling in, ripping, scraping, trenching and tunneling; | 0013| C. "mechanical excavating equipment" means all equipment powered by any | 0014| motor, engine or hydraulic or pneumatic device used for excavating and includes trenchers, | 0015| bulldozers, backhoes, power shovels, scrapers, draglines, clam shells, augers, drills, cable and | 0016| pipe plows or other plowing-in or pulling-in equipment; | 0017| D. "one-call notification system" means a communication system in which an | 0018| operation center provides telephone services or other reliable means of communication for the | 0019| purpose of receiving excavation notice information and distributing that information to owners | 0020| and operators of pipeline facilities; | 0021| E. "pipeline" means a pipeline or system of pipelines and appurtenances for the | 0022| transportation or movement of any oil or gas, oil or gas products and byproducts, but does not | 0023| include gathering lines or systems operated exclusively for the gathering of oil or gas, oil and gas | 0024| products and their byproducts in any field or area, lines or systems constituting a part of any tank | 0025| farm, plant facilities of any processing plant or underground storage projects, unless it is located | 0001| within a municipality or in the boundaries of an established easement or right of way or within | 0002| the limits of any unincorporated city, town or village or within any designated residential or | 0003| commercial area such as a subdivision, business or shopping center or community development; | 0004| F. "underground utility line" means an underground conduit or cable, including | 0005| fiber optics, and related facilities for transportation and delivery of electricity, telephonic or | 0006| telegraphic communications or water; | 0007| G. "cable television lines and related facilities" means the facilities of any cable | 0008| television system or closed-circuit coaxial cable communications system or other similar | 0009| transmission service used in connection with any cable television system or other similar | 0010| closed-circuit coaxial cable communications system; | 0011| H. "underground facilities" means any tangible property described in Subsections | 0012| E through G of this section that is underground and does not include residential sprinklers or | 0013| low-voltage lighting; | 0014| I. "person" means the legal representative of or any individual, partnership, | 0015| corporation, joint venture, state, subdivision or instrumentality of the state or an | 0016| association; | 0017| J. "means of location" means a mark such as a stake in earthen areas or a paint | 0018| mark in paved areas that is conspicuous in nature and that is designed to last at least five days if | 0019| not disturbed; | 0020| K. "advance notice" means two working days; and | 0021| L. "commission" means the state corporation commission or its successor | 0022| agency." | 0023| Section 5. Section 62-14-8 NMSA 1978 (being Laws 1973, Chapter 252, Section 8, as | 0024| amended) is amended to read: | 0025| "62-14-8. PENALTIES.--In addition to any other liability imposed by law, any person | 0001| who willfully fails to comply with Chapter 62, Article 14 NMSA 1978 and whose failure | 0002| proximately contributes to the damage of any pipeline or underground utility line shall be subject | 0003| to a civil penalty not to exceed five hundred dollars ($500) for each offense. All actions to | 0004| recover the penalties provided for in this section shall be brought by either the attorney general or | 0005| the appropriate district attorney upon complaint of the commission, the New Mexico public | 0006| utility commission or the construction industries division of the regulation and licensing | 0007| department. All such actions shall be brought in the district court in and for the county in which | 0008| the cause, or some part of the cause, arose or in which the person complained of has his principal | 0009| place of business or residence. All penalties recovered in any such action shall be paid into the | 0010| state general fund." | 0011| Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is | 0012| October 1, 1997. |