MILD
SB 477
UTILITY RIGHT-OF-WAY ACCESS FEES
- Legislative URL:
- SB 477 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- - OTHER -
- Action:
- [13] SJC/SCORC-SJC API.
- Issue(s):
- Energy
Related Legislators
- Bill Sponsor:
- Linda Lopez
Related Documents
- Downloads:
-
Introduced
Fiscal Impact Report
Summary
The bill enacts new law so that:
- Counties may impose an access fee by ordinance for rights-of-way given to public utilities and describes parameters for the fee.
- Counties must use the revenue from such fees for economic development, infrastructure or behavioral health services.
- Counties may include conditions for use of the right-of-way so that public travel is not obstructed and so that zoning and building codes/rules are complied with.
- Counties (as well as municipalities) may grant franchises for the construction and operation of public utilities except that they cannot grant a franchise if the utility’s access to public rights-of-way is granted by statute rather than by franchise agreements.
- The bill changes current law so that a county may permit only a telecommunications utility to use the county’s highways and roads for pipes, poles and other such structures and equipment and not other types of utilities.
- Utilities must itemize right-of-way fees and gross receipts tax on customer bills.
- The also cleans up some incorrect citations in current law regarding utilities.
One potential benefit of this bill might be that it puts counties on the same footing as municipalities with respect to charging right-of-way fees and enjoying those revenues as municipalities.
Date of Summary: 2/10/2013