reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.11 - STAFF MOTION FOR COMMISSION REVIEW OF RATE PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Suspension of
				rates upon filing of staff motion. Rates proposed under 17.13.970 NMAC by a
				utility with more than one thousand five hundred (1,500) but less than five
				thousand (5,000) service connections in any operating district or division,
				averaged over the previous three (3) consecutive years, shall be subject to
				suspension, review and hearing by the commission upon the timely filing with
				the commission of a staff motion for review.
B.
Timing of staff motion.
A
				staff motion for review shall be filed with the commission no later than twenty
				(20) days after the utility files with the commission the advice notice
				proposing the change in rate or rates.
C.
Full review upon staff
				motion.
Upon the timely filing of a staff motion and after a commission
				determination that just cause exists to review the proposed rates or rates, the
				commission will conduct a full review of the proposed rate or rates under
				Section
				62-8-7
				NMSA 1978 and 17.1.2.53 NMAC and under either 17.13.930 NMAC or 17.13.980
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.12 - PROTESTS BY RATEPAYERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Suspension of rates upon filing of protest.
Rates proposed by a
				small sewer utility under 17.13.970 NMAC will be subject to suspension, review,
				and hearing by the commission upon the timely filing with the commission of a
				protest.
B. For a utility with one
				thousand five hundred (1,500) or fewer service connections in any operating
				district or division, averaged over the previous three (3) consecutive years, a
				protest must be signed by ten (10) percent or more of the utility's ratepayers,
				or twenty-five (25) ratepayers, whichever is more, receiving service from the
				utility at the time the change in rate or rates is filed. For purposes of this
				rule, ratepayer is defined in 17.13.970.7 NMAC.
C. For a utility with more than one thousand
				five hundred (1,500) but less than five thousand (5,000) service connections in
				any operating district or division, averaged over the previous three (3)
				consecutive years, a protest must be signed by ten (10) percent or more of the
				ratepayers receiving service from the utility at the time the change in rate or
				rates is filed. For purposes of this rule, ratepayer is defined in 17.13.970.7
				NMAC.
D.
Timing of
				protest.
Protests shall be filed with the commission no later than
				twenty (20) days after the utility files with the commission the advice notice
				proposing the change in rate or rates and shall conform to the requirements of
				17.13.970.13 NMAC.
E.
Full
				review upon protest.
Upon the filing of a protest under 17.13.970.12
				NMAC and after a commission determination that just cause exists to review the
				proposed rate or rates, the commission will conduct a full review of the
				proposed rate or rates under Section
				62-8-7
				NMSA 1978 and 17.1.2.53 NMAC and under 17.13.930 NMAC or 17.13.980
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.13 - FORM AND FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Contents of protest.
Protest petitions to the commission shall be
				in writing, and signed by each of the ratepayers submitting the protest. All
				protests shall contain the following:
(1) the
				name of the utility whose proposed rates are being protested and identification
				of the rate or rates being protested;
(2) the name, mailing address, and phone
				number of each ratepayer protesting the proposed rates and the name, mailing
				address, and phone number of each ratepayer's attorney, if any; and
(3) a caption of the proceeding, a space for
				the docket number, and the title "Protest."
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.14 - RESPONSE TO PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Response with leave of commission.
No response to the substance of a
				protest filed with the commission is permitted except by leave of the
				commission or hearing examiner.
B.
Challenge to validity of protest petition.
The utility whose
				proposed rates are being protested may challenge the validity of the protest
				petition within ten (10) days of the filing of the petition.
(1) The challenge shall be made by motion
				conforming with the requirements of 17.1.2 NMAC and served upon each of the
				protestants.
(2) The motion shall
				be accompanied by affidavits and a brief in support of the motion, which shall
				also be served upon the protestants.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.15 - COMMISSION REVIEW OF RATES AFTER JUST CAUSE DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of
				hearing.
Once the commission determines that just cause exists to review
				the proposed rate or rates, the commission shall issue an order noticing the
				rate or rates for hearing. Either this order or a subsequent order shall
				prescribe:
(1) the manner of any further
				notice to customers or the public, the cost of which shall be borne by the
				utility;
(2) a deadline for the
				filing of motions to intervene under 17.1.2 NMAC and directions to any
				protestants that they that they will not be considered parties to the rate
				review proceeding unless they move for and are granted intervener status;
				and
(3) directions to parties other
				than the utility and, to the extent the commission or hearing examiner may deem
				helpful, directions to the commission staff to file written testimony and
				exhibits.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.16 - SUBMISSION OF WRITTEN TESTIMONY AND EXHIBITS BY UTILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Information to be submitted upon
				commission determination of just cause. After a commission determination of
				just cause for review of the proposed rate or rates, the utility shall file the
				following information and documents with the commission within thirty (30) days
				unless the commission or hearing examiner directs otherwise:
(1) direct testimony and exhibits intended to
				be introduced into evidence in support of the proposed rate or rates, including
				any rate filing package required by commission rule or order and by 17.13.930
				NMAC or 17.13.980 NMAC;
(2) a
				concise statement, supported by the direct testimony and exhibits, identifying:
(a) when the utility proposes to change the
				ratemaking treatment upon which the present rates are based, each proposed
				change, the reasons for the proposed change and the impact in dollars of the
				proposed change on the rates being requested;
(b) the compound annual growth rate of each
				account of plant and expenditures since the test period used in the utility's
				last rate filing; and
(c) any
				extraordinary event or circumstance, known or projected, which materially
				alters the utility's operating or financial condition from the condition
				existing during the utility's test period in its last rate case; and
(3) a concise statement setting
				forth the utility's compliance or failure to comply with each part of the
				commission's final order in each of the utility's cases decided during the
				preceding five (5) years and its compliance or failure to comply with 17.6.450
				NMAC and 17.1 2 NMAC through 17.13.980 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 970 - SMALL SEWER UTILITIES › Section 17.13.970.17 - STATUS OF PROTESTANTS DURING PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
The protestants who file a protest will be deemed parties to
				  any proceeding on a motion made by the utility under
				  17.13.970.14
				  NMAC but will not be deemed parties to the proceeding to review and hear the
				  proposed rate or rates. Protestants may individually move to intervene under
				  17.1.2 NMAC and may or may not be granted intervener status. The commission or
				  hearing examiner may limit the number of interveners in the rate making
				  proceeding to avoid unnecessary delay, duplication, or
				  expense.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of NMPSC Rule 980 [17.13.980 NMAC] is to define
				  and specify the minimum data requirements to be filed by sewer utilities having
				  annual operating revenues averaging less than $500,000 over any consecutive
				  three-year period. Minimum data requirements shall be filed in support of a
				  tendered new rate schedule or rate schedules which will supersede, supplement,
				  or otherwise change the provision of a rate schedule required to be on file
				  with the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose [17.13.980.6 NMAC]
B.
				Minimum Data Requirements for Rate Filings [17.13.980.9 NMAC]
C. Required Rate Filing Package [17.13.980.10
				NMAC]
D. Appendix: Rate Application
				Forms [17.13.980.11 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.9 - MINIMUM DATA REQUIREMENTS FOR RATE FILINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for rate filings are divided into two levels of
				  operation. NMPSC Rule 980 [17.13.980 NMAC] provides that sewer utilities shall
				  file for rates in one of two formats. Sewer utilities having annual operating
				  revenues averaging $500,000 or more over any consecutive three-year period must
				  file the most comprehensive package, set forth in the Appendix to NMPSC Rule
				  930. Sewer utilities having annual operating revenues averaging less than
				  $500,000 over any consecutive three-year period may file a simpler package, set
				  forth in the Appendix to this Rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.10 - RATE FILING PACKAGE REQUIRED OF SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAT $500,000 OVER ANY CONSECUTIVE THREE-YEAR PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. To meet the
				Commission's minimum data filing requirements specified herein, the sewer
				utility applicant must maintain adequate financial records fully separated from
				any commonly owned enterprise and requires that the applicant have on file with
				the Commission fully completed Annual Reports for the immediate past year and
				for at least the two (2) prior years if the applicant has been in existence
				that long.
B. The rate application
				form is based on the point in time concept represented by year-end operations
				for measuring rate base and the cost of service. This approach tends to close
				the time lag between the test period and the implementation of rates. In using
				this method, new plant added any time during the test period may be included in
				the year-end plant investment. If the added plant produces additional revenues,
				the added revenue and expense effect will be recognized in the cost of
				service.
C. The test year used
				should be the most recent calendar year for which an Annual Report has been
				filed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.11 - APPENDIX: RATE APPLICATION FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Forms
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 13 - SEWER SERVICES › Part 980 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR SEWER UTILITIES HAVING ANNUAL OPERATING REVENUES AVERAGING LESS THAN $500,000 OVER ANY CONSECUTIVE THREE - YEAR PERIOD › Section 17.13.980.12 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPUC Case No. 2277, Order dated December 29, 1989, unless
				  otherwise noted; amended by NMPUC Case No. 2561, Order dated April 4,
				  1994.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, P.O.
				  Box 1149, Santa Fe, NM 87504-1149, (505) 827-5191
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
In 1994, the New Mexico State Legislature enacted the "Tire
				  Recycling Act", NMSA 1978, Sections
				  74-11-1 to
				  17, (Repl. Pamp. 1993, & Cum. Supp. 1996), which provides for the recycling
				  and disposal of scrap tires and the creation of the rubberized asphalt fund.
				  This fund will pay for any additional expenses incurred by New Mexico
				  municipalities and counties, when asphalt paving mixes utilizing scrap tires
				  are used for road construction projects.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 1997, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The limited demand for used tires has caused a storage
				  disposal problem common to many states. With the move toward a healthy
				  environment, the visually offensive storage sites have attracted attention and
				  concern from the public, national and state legislators. These sites also
				  create safety, health, and fire hazards, and continue to grow much faster than
				  the demand for their potential use.
A.
				The Environmental Protection Agency estimates that the present size of the
				scrap tire problem is 2 to 3 billion discarded tires that have accumulated in
				stockpiles and uncontrolled tire dumps found in deserts, forests, grasslands,
				and empty lots throughout the United States. According to the New Mexico Tire
				Advisory Committee, New Mexico has over 1 million discarded scrap tires
				currently stockpiled or discarded in public and private properties throughout
				the state. This committee also estimates that an additional 1.2 to 1.5 million
				scrap tires either are discarded or recycled each year in New Mexico.
B. This rule defines administration of the
				Rubberized Asphalt Program by the New Mexico State Highway and Transportation
				Department and will establish procedures for disbursement of funds for
				municipalities and counties in the use of rubberized asphalt in paving
				mixtures.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rubberized
				asphalt means any method that blends crumb rubber modifier with the asphalt
				cement incorporating the resulting binder in the asphalt paving
				mixture.
B. Crumb rubber is
				obtained by reprocessing (grinding) scrap motor vehicle tires.
C. Scrap tire means a tire that is no longer
				suitable for its originally intended purpose, which is to absorb shock and
				provide traction on a motor vehicle; or is not usable as a casing in a retread
				tire because of wear, damage or defect.
D. Department means the New Mexico State
				Highway and Transportation Department.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.8 - PROJECT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scrap
				ground rubber from recycled tires must be used in the asphalt paving
				mix.
B. The rubberized asphalt
				paving mix must be in compliance with the Department specifications or as
				otherwise approved by the State Materials Lab Bureau.
C. The Department requires that at least 95%
				of all scrap tires used in these projects originate in the State of New Mexico,
				or that an equivalent weight (14 pounds of rubber for each 20 pound tire) of
				unprocessed scrap tires originating in New Mexico is shipped to another
				state.
D. The municipality or
				county shall specify where and when the tires will be shipped. Written
				verification that an equivalent weight of unprocessed scrap tires has been
				removed from the State will be required before reimbursement will be
				authorized.
E. Allow a
				representative of the Department to inspect the project to see that it is
				consistent with the terms, conditions, and specifications of the agreement or
				contract.
F. Each construction
				project will be reviewed as it is submitted to determine the total costs this
				fund will cover.
G. The Department
				will ensure that funds in the agreed-upon amount are spent in accordance with
				all applicable state and federal laws and regulations.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.9 - REQUESTS FOR FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The Materials Lab of the Department will review all requests
				  for funds and provide any technical assistance requested. The following
				  information should be submitted:
A. A
				written request showing location, tons of hot mix, and the area of the project
				that will use rubberized asphalt. Projects can be new construction or
				reconstruction.
B. Provide a copy
				of the road construction plans and specifications as soon as they are available
				prior to advertisement of the project.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 16 - RECYCLING › Part 2 - RUBBERIZED ASPHALT PROGRAM › Section 17.16.2.10 - FUNDS DISBURSEMENT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Once the project is complete, submit
				invoices to: New Mexico State Highway And Transportation Dept.,State Materials
				Bureau-Rubberized Asphalt Program, P.O. Box 1149, Santa Fe, NM
				87504-1149
B. The municipality or
				county must certify that the amount requested is true and correct and shall
				have the public entity official sign off verifying the amount.
C. After the Department approves the
				reimbursement, a check will be forwarded to the municipality or
				county.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 1 - MOTOR TRANSPORTATION - GENERAL PROVISIONS › Section 18.1.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 1 - MOTOR TRANSPORTATION - GENERAL PROVISIONS › Section 18.1.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 1 - MOTOR TRANSPORTATION - GENERAL PROVISIONS › Section 18.1.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
4/30/97, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 1 - MOTOR TRANSPORTATION - GENERAL PROVISIONS › Section 18.1.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Motor Transportation
				  Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 1 - MOTOR TRANSPORTATION - GENERAL PROVISIONS › Section 18.1.1.8 - IMPOSITION OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A penalty in the amount of twenty dollars ($20.00) will be
				  imposed under Section 18.1.1.8 NMAC for each instance in which a check tendered
				  to the department is not paid upon presentment. This penalty is in addition to
				  any other penalty imposed under the Motor Transportation Act. This regulation
				  is applicable to checks tendered on or after January 1, 1995.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Transportation Authority.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The State Transportation Authority and All Transportation
				  Development Districts.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 1992
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the Resource
				  Transportation and Passenger Transportation Development Act, Section 73-23-4 B
				  NMSA 1978, as amended, to establish procedures for Transportation Development
				  Districts (TDDs) to apply for project funding and for the State Transportation
				  Authority (STA) to evaluate and prioritize such funding requests for planning
				  statewide, regional and local transportation systems to transport passengers or
				  to develop natural resources, including coal, other energy resources and
				  agricultural or other industrial products. This rule to establish procedures
				  for rating and ranking funding of grant applications is limited in application
				  to only planning/study proposals. It shall not be utilized to prioritize
				  construction/operation funding proposals.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.8 - CALLS FOR TDD FUNDING PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to deadlines, fixed public meeting dates for STA
				  funding approval and other terms and conditions established by formal
				  resolution, the STA shall periodically, as funds are deemed to be available,
				  send written notice to all TDDs (both those fully-formed and those
				  near-completion) calling for funding applications or proposals for
				  TDD-initiated transportation projects. Only fully-formed TDDs can legally apply
				  for and receive STA grant funding. Each project must be justified by the TDD
				  and separately submitted in compliance with [section 10] Section F. of this
				  rule. The applications (one per project) must be received by the STA no later
				  than the close of business on the deadline date specified in the STA
				  resolution.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.9 - APPLICATION FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Each application should be submitted in letter size fileable
				  format, and it must address each of the issues listed below with sufficient
				  information upon which the STA can base an evaluation of the answer.
A. Planning study description: Describe the
				planning study for which the TDD is currently seeking grant funds. Include a
				scope of work statement in sufficient detail that it can be used by the STA to
				evaluate the merits of the grant application. The scope of work should include
				a schedule for completing the work with major milestones listed. Include the
				anticipated cost of the planning project and feasible ways to phase" the
				planning project in the event full funding is not immediately
				available.
B. Matching
				Requirements: The applicant TDD must provide a minimum of 10% cash match for
				the project from local, state, federal or other sources. Applicants may request
				a partial or full waiver of the cash matching requirement if documentation can
				be provided which demonstrates both:
1) a
				detailed description of the "in-kind" services the TDD will provide;
2) the absence of local, state or federal
				resources to meet the required 10% match. Partial or full waivers may be
				allowed by STA in cases where the potential benefit of the project is high and
				the financial hardship of the TDD is shown to be severe and beyond the control
				of the TDD.
In the event the TDD funding application is approved by the
				  STA, the TDD may be allowed to fully or partially offset its 10% cash match by
				  producing copies of paid invoices to consultants for research and preparation
				  of the TDD's application proposal for STA funding.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.10 - SCORING PROJECT JUSTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scoring the Impact Analysis Based on the
				quality of justifications submitted in the applications for each of the impact
				factors listed above, the TDD funding application will be scored by the STA's
				Technical Review Committee as follows:
0" no justification;
1" poor justification;
2" satisfactory justification
3" excellent justification.
(Criterion) Factor
Weight (100 pts total)
X
Rating
(0 to +3)
1. Economic feasibility (40 pts)
1. Cost/revenue projections
15 pts
X
(0 to +3)=
2. Job creation potential
15 pts
X
(0 to +3)=
3. Revenue enhancement
10 pts
X
(0 to +3)=
2. Necessity of project (10 pts)
1. Alleviation of health and welfare
							 threats
5 pts
X
(0 to +3)=
2. Alleviation of economic depression
5 pts
X
(0 to +3)=
3. Alternatives to project (10 pts)
1. Economic impact of no action"
5 pts
X
(0 to +3)=
2. Environmental impact of no action"
5 pts
X
(0 to +3)=
4. Environmental impact (40 pts)
1. Impact of ecosystem
15 pts
X
(0 to +3)=
2. Social impact
15 pts
X
(0 to +3)=
3. Archaeological impact
10 pts
X
(0 to +3)=
Total
=
B.
				Scoring the Scope of Work/Needs Statements The Scope of Work/Needs Statements
				submitted in applications for general planning studies in lieu of Impact
				Analyses shall not be formally or numerically scored. Instead, STA staff
				without participation by the Technical Review Committee shall review the
				justification quality of the Scope of Work/Needs Statement contained in each
				general planning study application and recommend full, partial or non-approval
				to the whole STA.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.11 - STA SELECTION OF TDD GRANTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In preparing and submitting its funding
				applications, TDDs must comply with the deadlines and other terms and
				conditions contained in the STA resolution. STA staff shall provide advice and
				technical assistance to the TDDs in their prepartation of the funding
				applications, but STA STAFF RECOMMENDATIONS ARE NOT BINDING UPON AND DO NOT
				GUARANTEE FAVORABLE FUNDING APPROVAL BY THE STA.
B. As soon as practicable after receipt of
				the TDD applications, the STA staff will distribute copies to the STA members
				and to the 7 appointed members of the Technical Review Committee (TRC). The TRC
				is a Standing Committee of the STA formed to provide technical expertise in the
				review of the TDD funding applications. The 7 members of the TRC are: 2 STA
				staff members appointed by the STA Chairman; 1 employee of the State Land
				Office appointed by the Commissioner of Public Lands; 1 employee of the
				Environment Department appointed by its Secretary; 1 employee of the Economic
				Development Department appointed by its Secretary; 1 employee of the Energy
				Minerals and Natural Resources Department appointed by its Secretary.
C. For each application, the STA staff shall
				submit to the full STA:
1) the average Impact
				Analysis score of the whole TRC committee.
2) the individual Impact Analysis scores from
				each of the TRC members performing an evaluation.
3) non-numerical recommendations of the
				project justifications contained in the general planning study funding
				applications.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 4 - REQUIREMENTS FOR THE SUBMISSION AND EVALUATIONS OF GRANT FUNDING APPLICATIONS FOR TRANSPORTATION PLANNING/STUDY PROJECTS FROM LOCAL TRANSPORTATION DEVELOPMENT DISTRICTS › Section 18.1.4.12 - STATE-INITIATED PROJECTS-REQUIRED NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The STA has independent authority,
				exclusive of the TDDs, to conduct research to determine where transportation
				systems are most needed in the state and for what purposes, and to conduct
				research to ascertain the most feasible routes for transportation systems in
				the state. Accordingly, the STA has the authority to commission its own
				research studies to provide such needed information. Funding of such
				STA-initiated research shall be based upon a justified application. If the STA
				finds, through this research, that a transportation system is needed in an area
				of the state, it shall give notice of its finding to all entities eligible to
				form transportation development districts which the STA, in its sole
				discretion, believes have an interest in the need. The STA shall also give
				notice to all persons it finds, in its sole discretion, to be interested or
				affected by the transportation or development of the resource or people giving
				rise to the need.
B. The notice,
				both to the governmental entities (interested Indian tribes and pueblos,
				municipalities and counties) and to affected persons, shall be in the form of a
				letter detailing the transportation needs. The letters shall be sent by
				registered mail, return receipt requested.
C. If, after six months from the latest
				receipt date of these notice letters, the STA finds any of the following
				conditions exist notwithstanding the notice, it has the option of exercising
				those powers listed in Section 73-23-4 G and proceeding under Sections 73-23-9
				through 73-23-13 NMSA 1978 as amended:
(1) the
				transportation need still exists;
(2) persons capable of meeting the need have
				not acted or proposed to act in a manner capable of meeting the need;
(3) no entities (affected Indian tribes and
				pueblos consistent with their sovereign powers, municipalities and counties)
				have acted;
(4) the entities that
				acted do not have the capability to meet the transportation need.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 5 - STATE TRANSPORTATION COMMISSION MEETINGS › Section 18.1.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Transportation Commission members and anyone
				  affected by or interested in the business of the New Mexico State
				  Transportation Commission.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 5 - STATE TRANSPORTATION COMMISSION MEETINGS › Section 18.1.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  67-3-10,
				  67-3-11, and
				  10-15-1
				  through
				  10-15-4.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 5 - STATE TRANSPORTATION COMMISSION MEETINGS › Section 18.1.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 15, 2003, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 5 - STATE TRANSPORTATION COMMISSION MEETINGS › Section 18.1.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To set forth provisions for State Transportation Commission
				  open meetings notices and commission member participation in meetings by
				  telephone.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 5 - STATE TRANSPORTATION COMMISSION MEETINGS › Section 18.1.5.8 - OPEN MEETINGS NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
State Transportation Commission meetings shall be legally
				  noticed in compliance with the Open Meetings Act, NMSA 1978, Sections
				  10-15-1
				  to
				  10-15-4, and
				  in accordance with the State Transportation Commission's legal notice of public
				  meetings policy, which the commission shall determine
				  annually.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 5 - STATE TRANSPORTATION COMMISSION MEETINGS › Section 18.1.5.9 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
As authorized by the Open Meetings Act, NMSA 1978, Sections
				  10-15-1
				  to
				  10-15-4, a
				  commission member may participate in a commission meeting by means of a
				  conference telephone or other similar communications equipment when it is
				  otherwise difficult or impossible for the member to attend the meeting in
				  person, provided that each member participating by conference telephone can be
				  identified when speaking, all participants are able to hear each other at the
				  same time and members of the public attending the meeting are able to hear any
				  member of the commission who speaks during the meeting.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 6 - LEASING OF REAL PROPERTY FOR COMMERCIAL PURPOSES › Section 18.1.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Transportation - P.O. Box 1149,
				  Santa Fe, New Mexico 87504-1149.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 6 - LEASING OF REAL PROPERTY FOR COMMERCIAL PURPOSES › Section 18.1.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to NMSA 1978, Section
				  67-3-12 G and
				  NMSA 1978, Section
				  67-11-9.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 6 - LEASING OF REAL PROPERTY FOR COMMERCIAL PURPOSES › Section 18.1.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2005, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 6 - LEASING OF REAL PROPERTY FOR COMMERCIAL PURPOSES › Section 18.1.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this regulation is to establish procedures for
				  the conduct, permitting or authorization of commercial enterprises or
				  activities on department land.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 6 - LEASING OF REAL PROPERTY FOR COMMERCIAL PURPOSES › Section 18.1.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico state transportation commission.
B. "Department" means the New Mexico
				department of transportation.
C.
				"Department land" means New Mexico state transportation commission or New
				Mexico department of transportation owned land or land leased to or from the
				state of New Mexico.
D.
				"Determination" means the written documentation of a decision by the secretary
				or his or her designee including findings of fact required to support a
				decision. A determination becomes part of the department record for the
				commercial enterprise or activity.
E. "Person" means any individual, firm,
				corporation, company, joint venture, voluntary association, partnership, trust,
				or unincorporated organization, or combination thereof.
F. "Public entity" means any entity as
				defined by NMSA 1978, Section
				11-1-2 of
				the Joint Powers Agreements Act (NMSA 1978,
				11-1-1 to
				11-1-7
				).
G. "Secretary" means the New
				Mexico secretary of transportation or his or her designee.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Public Safety, P.O. Box 1628, Santa Fe, NM
				  87504-1628.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-19-6
				  NMSA 1978 and Section
				  65-3-4
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 29, 2000, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Motor Transportation
				  Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.8 - SPECIAL NOTE

Current through Register Vol. 35, No. 13, July 16, 2024
All statutory references in 18.2.3 NMAC are to the New Mexico
				  Statutes Annotated, 1978 (NMSA 1978) unless otherwise
				  specified.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 2 - MOTOR CARRIER › Part 3 - MOTOR CARRIER SAFETY › Section 18.2.3.9 - INCORPORATION BY REFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of 18.2.3 NMAC, the term "Code of Federal
				  Regulations" means the Code of Federal Regulations published by the office of
				  the federal register, national archives and records administration as presently
				  in effect including subsequent amendments.
A. Appendix A: Code of Federal Regulations,
				Title 49, Parts 1 to 99, published by the office of the federal register, are
				incorporated by reference as presently in effect including subsequent
				amendments.
B. Appendix B: Code of
				Federal Regulations, Title 49, Parts 100 to 185, published by the office of the
				federal register, are incorporated by reference as presently in effect
				including subsequent amendments.
C.
				Appendix D: Code of Federal Regulations, Title 49, Parts 200 to 399, published
				by the office of the federal register, are incorporated by reference as
				presently in effect including subsequent amendments.