reglab/housing_qa huggingface dataset:
NM Stat § 62-13-15 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 13 - Public Utility Act Miscellaneous Provisions|Section 62-13-15 - Appointment of receiver.

Whenever the commission determines, after notice and hearing, that a public utility is unable or unwilling to adequately service its customers or has been actually or effectively abandoned by its owners or operator, or consistently violates the rules or orders of the commission, the commission may commence an action in the district court of the county where the utility has its principal office or place of business for the appointment of a receiver to assume possession of its property and to operate its system upon terms and conditions in accordance with the provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], commission rules and orders of the court. Upon the order of the court, the receiver may issue receiver's certificates to provide funds to operate, repair, improve or enlarge the public utility. Unless otherwise provided in the court order, payment of the receiver's certificates is a first lien on the real and personal property of the public utility. The court shall prescribe the certificate's form, term and rate of interest. Receiver's certificates are exempt from the operation of any law that regulates the issuance or sale of securities of public utilities. History: Laws 2005, ch. 339, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 339, § 8 made Laws 2005, ch. 339, § 1 effective July 1, 2005.
NM Stat § 62-13-16 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 13 - Public Utility Act Miscellaneous Provisions|Section 62-13-16 - Requiring the hiring of apprentices for the construction of facilities that generate electricity.

A. The construction of New Mexico facilities that generate electricity for New Mexico retail customers, and that are not located on the customer side of an electricity meter, shall be subject to the requirements provided in Subsection B of this section if the facilities are built as a result of competitive solicitations issued after July 1, 2020.B. Subject to availability of qualified applicants, the construction of facilities that generate electricity for New Mexico retail customers shall employ apprentices from an apprenticeship program during the construction phase of a project at a minimum level of the following percentages of all persons employed for the project:(1) ten percent for projects for which on-site construction commences beginning January 1, 2020, and prior to January 1, 2024;(2) seventeen and one-half percent for projects for which on-site construction commences beginning January 1, 2024, and prior to January 1, 2026; and(3) twenty-five percent for projects for which on-site construction commences beginning January 1, 2026.C. Apprenticeship programs used for purposes of this section shall encourage diversity among participants, participation by those underrepresented in the industry associated with that apprenticeship program and participation from disadvantaged communities, as determined by the workforce solutions department. The department shall promulgate rules to ensure compliance with this section.D. As used in this section, "apprenticeship program" means an apprenticeship program registered pursuant to the Apprenticeship Assistance Act [Chapter 21, Article 19A NMSA 1978]. History: Laws 2019, ch. 65, § 24. ANNOTATIONSEffective dates. —Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 62-14-1 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-1 - Purpose and intent.

The purpose of Chapter 62, Article 14 NMSA 1978 is to prevent injury to persons and damage to property from accidents resulting from damage to pipelines, underground utility lines, cable television lines and related facilities by excavating and blasting. History: 1953 Comp., § 12-32-1, enacted by Laws 1973, ch. 252, § 1; 1987, ch. 156, § 1. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Chapter 62, Article 14 NMSA 1978" for "this act" and "lines, cable television lines" for "line." Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Adjoining Landowners § 44 et seq.; 61 Am. Jur. 2d Pipelines §§ 15 to 18; 64 Am. Jur. 2d Public Utilities § 16.
NM Stat § 62-14-4 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-4 - Emergency excavation.

Every person who engages in emergency excavation shall take all necessary and reasonable precaution to avoid or minimize interference with or damage to existing underground facilities in and near the excavation area and shall notify as promptly as possible the owners of underground facilities located in and near the emergency excavation area and the one-call notification system operating in the area in the form and format required by the commission. In the event of any damage to or dislocation of any underground facility caused by the emergency excavation work, the person responsible for the excavation shall immediately notify the owner of the underground facility and the one-call notification system operating in the area in the form and format required by the commission. History: 1953 Comp., § 12-32-4, enacted by Laws 1973, ch. 252, § 4; 1987, ch. 156, § 4; 2011, ch. 103, § 3. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, required persons engaged in an emergency excavation to notify the one-call notification system operating in the area of the excavation that the excavation will occur and any damages to or the relocation of underground facilities. The 1987 amendment, effective June 19, 1987, substituted "underground facility" for "pipelines and underground utility lines" the three places that phrase appears and made minor changes in language throughout the section.
NM Stat § 62-14-5.1 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-5.1 - Uniform color code for location of underground facilities.

In marking an excavation site and the location of underground facilities, both the excavator and the owner or operator shall use the following uniform color code: A. blue for water; B. green for sewer; C. orange for communications or coaxial cable; D. pink for survey; E. purple for reclaimed water; F. red for electric; G. white for proposed excavation area; and H. yellow for gas. History: Laws 2001, ch. 150, § 4; 2011, ch. 103, § 5. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, included excavation sites and excavators within the scope of this section.
NM Stat § 62-14-7 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-7 - Liability for negligence notwithstanding information obtained.

The act of obtaining or making reasonable efforts to obtain information as required by Chapter 62, Article 14 NMSA 1978 shall not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such person from liability for any damage or injury resulting from his negligence as limited in Section 62-14-6 NMSA 1978. History: 1953 Comp., § 12-32-7, enacted by Laws 1973, ch. 252, § 7; 1987, ch. 156, § 7. ANNOTATIONSCross references. — For negligent use of explosives being petty misdemeanor, see 30-7-6 NMSA 1978. The 1987 amendment, effective June 19, 1987, substituted "Chapter 62, Article 14 NMSA 1978" for "this act" near the middle and added "as limited in Section 62-14-6 NMSA 1978" at the end. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 C.J.S. Explosives § 11; 65A C.J.S. Negligence §§ 243, 273.
NM Stat § 62-14-8 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-8 - Penalties.

In addition to any other liability imposed by law, an excavator, after a formal hearing and upon a finding, who has failed to comply with Subsection C of Section 62-14-3 NMSA 1978 is subject to an administrative penalty of up to five thousand dollars ($5,000) for a first offense as assessed by the commission. Thereafter, the commission may assess an administrative penalty of up to a maximum of twenty-five thousand dollars ($25,000) for subsequent violations of Subsection C of Section 62-14-3 NMSA 1978. In addition to any other penalty imposed by law, an operator of underground pipeline facilities or underground utilities, excavator or operator of a one-call notification system, after formal hearing and upon a finding, who has willfully failed to comply with Chapter 62, Article 14 NMSA 1978 shall be subject to an administrative penalty of up to five thousand dollars ($5,000) for a first offense as assessed by the commission. Thereafter, upon finding that a violation of Chapter 62, Article 14 NMSA 1978 has occurred, the commission may, upon consideration of the nature, circumstances, gravity of the violation, history of prior violations, effect on public health, safety or welfare and good faith on the part of the person in attempting to remedy the cause of the violation, assess an administrative penalty up to a maximum of twenty-five thousand dollars ($25,000) per violation consistent with federal law. No offense occurring more than five years prior to the current offense charged shall be considered for any purpose. All actions to recover the penalties provided for in this section shall be brought by the commission. All penalties recovered in any such action shall be paid into the state general fund. History: 1953 Comp., § 12-32-8, enacted by Laws 1973, ch. 252, § 8; 1993, ch. 282, § 41; 1997, ch. 30, § 5; 2001, ch. 150, § 7; 2011, ch. 103, § 7. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, authorized the imposition of an administrative penalty even if an operator's failure to comply with the law did not contribute to the damage of an underground facility. The 2001 amendment, effective July 1, 2001, rewrote the section, which formerly provided for a civil penalty of up to $500 for those who willfully failed to comply with Chapter 62, Article 14 NMSA 1978, and stated who is responsible for prosecuting the case and the proper venue. The 1997 amendment, effective October 1, 1997, made stylistic changes in the second and third sentences. The 1993 amendment, effective June 18, 1993, made stylistic changes in the first sentence; in the second sentence, substituted "New Mexico public utility commission" for "public service commission" and "division of the regulation and licensing department" for "commission"; and substituted "their" for "its" in the next-to-last sentence.
NM Stat § 62-14-9 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-9 - Enforcement.

If any person excavates or intends to excavate in violation of Chapter 62, Article 14 NMSA 1978, the commission or any interested or affected owner or operator of an underground facility may file, in the district court of the county in which the excavation is occurring or intended, an action seeking to enjoin the excavation. History: Laws 1997, ch. 30, § 2.
NM Stat § 62-14-9.1 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-9.1 - Alternative dispute resolution.

The commission shall promulgate rules for voluntary alternative dispute resolution procedures available to owners or operators, excavators and other interested parties regarding disputes that cannot be resolved through consultation and negotiation arising from damage to underground facilities, including any cost or damage incurred by the owner or operator or the excavator as a result of any delay in an excavation project while an underground facility is restored, repaired or replaced. The alternative dispute resolution procedure shall not affect civil penalties levied pursuant to Section 62-14-8 NMSA 1978 or change the basis for civil liability for damages. History: Laws 2001, ch. 150, § 8. ANNOTATIONSEffective dates. — Laws 2001, ch. 150, § 9 made Laws 2001, ch. 150, § 8 effective July 1, 2001.
NM Stat § 62-14-10 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 14 - Excavation Damage to Pipelines and Underground Utility Lines|Section 62-14-10 - Rule-making.

The commission shall promulgate rules and regulations to implement the provisions of Chapter 62, Article 14 NMSA 1978. History: Laws 1997, ch. 30, § 3.
NM Stat § 62-15-1 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 15 - Rural Electric Cooperatives|Section 62-15-1 - Short title.

Chapter 62, Article 15 NMSA 1978 may be cited as the "Rural Electric Cooperative Act". History: Laws 1939, ch. 47, § 1; 1941 Comp., § 48-401; 1953 Comp., § 45-4-1; Laws 1998, ch. 108, § 49. ANNOTATIONSCross references. — For jurisdiction of over rural electric cooperatives, see 62-3-2, 62-3-3 and 62-15-32 NMSA 1978 and notes thereto. The 1998 amendment, effective January 1, 1999, substituted "Chapter 62, Article 15 NMSA 1978" for "This Act" near the beginning of the section. Public service commission (now public regulation commission) was not required to delineate an electric cooperative's service area where part of its system was in an area previously certificated to another utility. Lea Cnty. Elec. Coop. v. N.M. Pub. Serv. Comm'n, 1965-NMSC-057, 75 N.M. 191, 402 P.2d 377, cert. denied, 385 U.S. 969, 87 S. Ct. 506, 17 L. Ed. 2d 433 (1966). Premature action. — Action by cooperative seeking to enjoin municipality from acquiring electric distribution and transmission lines outside of corporate limits where the cooperative held a prior franchise was brought prematurely since it did not yet own plant or transmission lines and could not show basis for relief in equity. Sierra Elec. Coop. v. Town of Hot Springs, 1947-NMSC-022, 51 N.M. 150, 180 P.2d 244. Cooperatives are subject to highway and street regulations. — Rural electrification cooperatives are subject to the same regulations by the highway commission and the county or municipality for the use of rights-of-way as any other public utility, and would be subject to the penal features of 67-8-13 and 67-8-14 NMSA 1978. 1952 Op. Att'y Gen. No. 52-5624. Law reviews. — For note, "Corporate Law - Formulating and Applying a 'Proper Purpose' Analysis to a Books and Records Inspection Request - Schein v. Northern Rio Arriba Electric Cooperative, Inc.," see 28 N.M.L. Rev. 133 (1998). Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations §§ 1, 4 to 9, 11 to 13, 49. Duty of mutual association, nonprofit organization or cooperative to furnish utility services, 56 A.L.R.2d 413. Validity and enforceability of bylaw amendment reducing benefits available to members, 61 A.L.R.3d 976. Competency of juror as affected by his membership in cooperative association interested in the case, 69 A.L.R.3d 1296. Liability of electric utility to nonpatron for interruption or failure of power, 54 A.L.R.4th 667. 3 C.J.S. Agriculture §§ 138 to 158; 43 C.J.S. Industrial Cooperative Societies §§ 1, 3.
NM Stat § 62-15-2 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 15 - Rural Electric Cooperatives|Section 62-15-2 - Purpose; definition.

Cooperative nonprofit membership corporations may be organized under the Rural Electric Cooperative Act for the primary purpose of supplying electric power and energy and promoting and extending the use of electricity in rural areas. Corporations organized under that act and corporations which become subject to that act in the manner provided in that act and for the purposes of Sections 62-15-13, 62-15-14, 62-15-15 and 62-15-19 NMSA 1978, corporations organized on a nonprofit or cooperative basis under the laws of another state for the primary purpose of supplying electric power or energy are referred to in the Rural Electric Cooperative Act as "cooperatives". History: Laws 1939, ch. 47, § 2; 1941 Comp., § 48-402; 1953 Comp., § 45-4-2; Laws 1987, ch. 36, § 1; 1998, ch. 46, § 1. ANNOTATIONSThe 1998 amendment, effective March 6, 1998, inserted "and for the purposes of Sections 62-15-13, 62-15-14, 62-15-15 and 62-15-19 NMSA 1978, corporations organized on a nonprofit or cooperative basis under the laws of another state for the primary purpose of supplying electric power or energy" in the second sentence. The 1987 amendment, effective June 19, 1987, in the first sentence substituted "primary purpose of supplying electric power and energy" for "purpose of supplying electric energy," and made minor changes in language and punctuation throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 4.
NM Stat § 62-15-4 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 15 - Rural Electric Cooperatives|Section 62-15-4 - Name.

The name of each cooperative shall include the words "electric" and "cooperative" and the abbreviation "inc."; provided that limitation shall not apply if, in an affidavit made by the president or vice president of a cooperative and filed with the secretary of state, it appears that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name. The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to transact business in, this state. The words "electric" and "cooperative" shall not both be used in the name of any corporation organized under the laws of, or authorized to transact business in, this state, except a cooperative or a corporation transacting business in this state pursuant to the provisions of the Rural Electric Cooperative Act. History: Laws 1939, ch. 47, § 4; 1941 Comp., § 48-404; 1953 Comp., § 45-4-4; 2013, ch. 75, § 25. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that cooperatives file an affidavit with the secretary of state that the cooperative is precluded from doing business in another state because its name includes the required words; and in the first sentence, after "filed with the", deleted "state corporation commission" and added "secretary of state". Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations §§ 5 to 9. 43 C.J.S. Industrial Cooperative Societies § 4.
NM Stat § 62-15-5 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 15 - Rural Electric Cooperatives|Section 62-15-5 - Incorporators.

Five or more natural persons, or two or more cooperatives, may organize a cooperative in the manner hereinafter provided. History: Laws 1939, ch. 47, § 5; 1941 Comp., § 48-405; 1953 Comp., § 45-4-5.
NM Stat § 62-15-6 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 15 - Rural Electric Cooperatives|Section 62-15-6 - Articles of incorporation.

A. The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to the Rural Electric Cooperative Act, shall be signed and acknowledged by each of the incorporators and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of the incorporators; (4) the names and addresses of the persons who constitute its first board of trustees; and (5) any provisions not inconsistent with the Rural Electric Cooperative Act deemed necessary or advisable for the conduct of its business and affairs. B. The articles of incorporation shall be submitted to the secretary of state for filing as provided in the Rural Electric Cooperative Act. C. It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under the Rural Electric Cooperative Act. History: Laws 1939, ch. 47, § 6; 1941 Comp., § 48-406; 1953 Comp., § 45-4-6; 2013, ch. 75, § 26. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required that articles of incorporation of cooperatives be filed with the secretary of state; and in Subsection B, after "submitted to the", deleted "state corporation commission" and added "secretary of state". Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 1. 43 C.J.S. Industrial Cooperative Societies § 3.
NM Stat § 62-15-7 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 15 - Rural Electric Cooperatives|Section 62-15-7 - Bylaws.

The original bylaws of a cooperative shall be adopted by its board of trustees. Thereafter bylaws shall be adopted, amended or repealed by the majority of the members present at any regular annual meeting or special meeting called for that purpose, a quorum being present. The bylaws shall set forth the rights and duties of members and trustees and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this act [62-15-1 to 62-15-32 NMSA 1978] or with its articles of incorporations [incorporation]. History: Laws 1939, ch. 47, § 7; 1941 Comp., § 48-407; 1953 Comp., § 45-4-7; Laws 1957, ch. 97, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Bylaws may be amended by vote at district meetings. — A rural electric cooperative may provide for the amendment of its bylaws by a vote taken at a series of meetings of voting districts rather than at a general meeting of all the members, but, in so doing, it cannot take away the power of the majority of members to adopt, amend or repeal the bylaws. 1961 Op. Att'y Gen. No. 61-62. It is legal to provide for the amendment of bylaws by a majority vote of the members voting by districts, rather than at a general meeting of all the members. This interpretation does no violence to this section, since it mentions "regular annual meeting," and does not exclude a regular annual meeting or special meeting of a voting district. The interpretation is supported by the liberal construction required to be given these statutes under Section 62-15-32 NMSA 1978. 1961 Op. Att'y Gen. No. 61-62. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations §§ 13 to 15, 21. 43 C.J.S. Industrial Cooperative Societies §§ 3 to 5, 7 to 11.