2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 28 - Water or Natural Gas Associations
Section 3-28-21 - New Mexico public utility commission [public regulation commission] jurisdiction.

Any association organized under the provisions of Chapter 3, Article 28 NMSA 1978 may elect by resolution adopted by its board of directors to become subject to the jurisdiction of the New Mexico public utility commission [public regulation commission] in matters of rates, security issues, jurisdictional area and industrial service and to all of the terms and provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], as amended. Provided, any association that so elects shall not be subject to any limits on its power of eminent domain as provided in Section 3-28-19 NMSA 1978 nor shall it be prohibited from providing gas service within an area described in any other gas utility's jurisdictional certificate as provided in Section 3-28-1 NMSA 1978.

History: Laws 1981, ch. 203, § 8; 1990, ch. 60, § 21; 1993, ch. 282, § 12.

Bracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.

Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission.

Cross references. — For utilities subject to Public Utility Act, see 62-3-3 NMSA 1978.

For general jurisdiction of public regulation commission, see 62-6-4 NMSA 1978.

The 1993 amendment, effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission" in the section catchline and in the first sentence.

The 1990 amendment, effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978."