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SB 477: UTILITY RIGHT-OF-WAY ACCESS FEES

An Act Relating To Utilities; Providing For Local Right-of-way Access Fees; Amending And Enacting Sections Of The Nmsa 1978.

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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):

Related Legislators

Bill Sponsor:

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