Chapter 62 — Chapter 62

A. A commissioner or hearing examiner shall self recuse in any adjudicatory proceeding in which the commissioner or hearing examiner is unable to make a fair and impartial decision or in which there is reasonable doubt about whether the commissioner or hearing examiner can make a…

A. As used in this section, in addition to the definitions provided in Section 62-19-2 NMSA 1978: (1) "affiliated interest" means a person who directly controls or is controlled by or is under common control with a regulated entity, including an agent, representative, attorney, e…

A. The commission shall: (1) administer and enforce the laws with which it is charged and has every power conferred by law; (2) appoint a chief of staff; (3) prepare an annual budget for submission to the legislature; (4) adopt rules to streamline the resolution of cases before i…

This act [62-20-1 to 62-20-7 NMSA 1978] may be cited as the "Regional Water System Resiliency Act". History: Laws 2023, ch. 4, § 1.

As used in the Regional Water System Resiliency Act: A. "authority" means a regional utility authority established pursuant to the Regional Water System Resiliency Act; B. "board" means the board of directors of an authority; C. "director" means a director of a board; D. "dissolv…

A. An authority is a political subdivision of the state. B. Two or more entities may create an authority. C. Each founding or joining entity shall adopt a resolution signifying its intention to establish or join an authority. A founding or joining entity shall not adopt a resolut…

The articles of incorporation of an authority shall recite in the caption that they are executed pursuant to the Regional Water System Resiliency Act, shall be signed and acknowledged by each of the founding entities and shall state: A. the name of the authority; B. the address o…

A. An authority may provide for water and wastewater services, road improvements for the protection of the authority's infrastructure, renewable energy projects or other projects that are integral to the operation and maintenance of the authority's facilities. B. An authority may…

A. An authority shall be governed by a board of directors. The board shall conduct elections pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978] and in accordance with the Election Code [Chapter 1 NMSA 1978]. The initial board shall establish the boundaries and t…

acquisition of water rights. Subject to any other statutory requirements for dissolution and transfer, an authority may accept a transfer of assets and liabilities upon the request, and the legal dissolution, of an entity that provides water or sewer services and is: A. a politic…

This act [62-21-1 to 62-21-10 NMSA 1978] may be cited as the "Essential Services Development Act. History: Laws 2025, ch. 125, § 1.

participation agreement; duties and requirements. A. If public support is provided for an essential services project, the division shall enter into a project participation agreement with the local or regional government pursuant to this section. B. A project participation agreeme…

As used in the Essential Services Development Act: A. "broadband telecommunications network facilities" means the electronics, equipment, transmission facilities, fiber-optic cables and any other item directly related to a system capable of transmission of internet protocol or ot…

Public support for an essential services project shall be specifically authorized by law. The law shall include provisions to safeguard public money and other resources, including allowing the division to recover money and other resources from a local or regional government if th…

At the request of a local or regional government, the division shall provide technical assistance in the development of an essential services plan or project. History: Laws 2025, ch. 125, § 4.

publication. A. Prior to receiving public support, a local or regional government seeking to pursue an essential services project shall adopt a development plan to implement the project. Any plan or plan amendment shall be adopted by ordinance of the governing body of the local g…

government. A. Two or more municipalities, two or more counties or one or more municipalities and counties may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] to develop a regional essential services development plan, w…

A. After the adoption of an essential services development plan by a local or regional government, the local or regional government may begin accepting applications for public support of the local or regional government's essential services project. The application shall be on a …

A. A regional or local government that receives money from public support for an essential services project shall create a special fund into which the money from the public support shall be deposited and shall be expended only for essential services project purposes. Separate acc…

in general fund. A. At any time after approval of an essential services development plan, the governing body of the local government or the governing body of each local government in a regional government may enact an ordinance terminating the plan and dissolving or terminating a…