Summary:

 Senate Bill 143 (SB 143) creates the Utility Oversight Fund (UOF); increases certain fees and changes distribution of collected fees and penalties; provides for the enforcement of fees by the Public Regulation Commission (PRC). 

Legislation Overview:

 Senate Bill 143 (SB 143) enacts a new section of the Public Utility Act (PUA) to read: 

A. The "Utility Oversight Fund" (UOF) is created in the State Treasury. The fund consists of fees, appropriations, gifts, grants, and donations and earnings on investment of the UOF. Balances in the fund are not to revert to the General Fund or any other fund at the end of a fiscal year. 

B. The UOF is to be administered by the PRC. Money in the fund is subject to appropriation by the legislature to the commission to carry out its duties.

C. Disbursements from the UOF shall be made by authorization of the Secretary of Finance and Administration. 

Section 62-8-8 NMSA 1978 is amended, adding that prior to July 1, 2031, the fees established may be adjusted annually by the PRC, providing that any increase may not be greater than the prior year's increase in the employment cost index for state and local government.

Section 62-8-9 NMSA 1978 is amended to state that the PRC, rather than the Attorney General, is empowered to bring suit to collect fees, interest and penalties that remain unpaid.

Section 62-13-2 NMSA 1978 is amended to clarify that the PRC is to collect fees with the provision that the fees do not exceed the cost of administrative proceedings before the PRC.

Section 62-14-8 NMSA 1978 is amended to state that penalties are to be paid into the Current School Fund rather than to the State General.

Section 63-7-20 NMSA 1978  is amended to state that the fee for utilities may not exceed five hundred ninety thousandths (previously five hundred eleven thousandths) percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 30 in each year (previously April 1). The following statement is added: “Prior to July 1, 2031, the fees established pursuant to this section may be adjusted annually by the commission; provided that any increase shall not be greater than the prior year's increase in the employment cost index for state and local government, as published by the federal bureau of labor statistics.”

Section 63-7-21 NMSA 1978 is amended to provide that fees are to go to the UOF.

Stylistic changes are made to Section 70-3-2 NMSA 1978.
 

Current Law:

 The Utility Oversight Fund (UOF) is not currently in place. The proposed penalties and specified distribution of fees are not in place; the Attorney General is currently the office which provides for the enforcement of fees.

 

Amendments:

 Amended February 13, 2025 in STBTC

STBTCa/SB 143: The Senate Tax, Business and Transportation Committee amends Senate Bill 143 as follows:

1. On page 1, line 21, after "of", strike the remainder of the line and strike line 22 in its entirety. 
2. On page 4, line 2, after "treasurer", strike the remainder of the line and on line 3, strike "oversight fund".
3. On page 8, strike lines 11 through 17 in their entirety. 
4. Renumber the succeeding section accordingly. 
5. On page 9, line 8, after "the", strike the remainder of the line and on line 9, strike "oversight" and insert in lieu thereof "general".