New Mexico 2023 Regular Session

New Mexico House Bill HB160 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HRDLC/HB 160~~
2		-	~~Page 1~~
	1	+	underscored material = new
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	28	+	HOUSE BILL 160
	29	+	56
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2023
	46	+	INTRODUCED BY
	47	+	Christine Chandler
28	48		AN ACT
29		-	RELATING TO STATE PROPERTIES; AMENDING SECTION 67-3-12 NMSA
	49	+	RELATING TO STATE PROPERTIES; AMENDING SECTION 19-7-57 NMSA
	50	+	1978 (BEING LAWS 1912, CHAPTER 82, SECTION 53, AS AMENDED) TO
	51	+	AUTHORIZE THE COMMISSIONER OF PUBLIC LANDS TO GRANT RIGHTS OF
	52	+	WAY AND EASEMENTS ACROSS STATE LANDS FOR INFRASTRUCTURE USED
	53	+	FOR BROADBAND INTERNET SERVICES; AMENDING SECTION 67-3-12 NMSA
30	54		1978 (BEING LAWS 1929, CHAPTER 110, SECTION 1, AS AMENDED) TO
31	55		AUTHORIZE THE STATE TRANSPORTATION COMMISSION TO PRESCRIBE
32	56		CONDITIONS FOR THE INSTALLATION OF BROADBAND INTERNET
33	57		INFRASTRUCTURE PLACED ALONG, ACROSS, OVER OR UNDER PUBLIC
34	58		HIGHWAYS OR OTHER PROPERTY UNDER THE JURISDICTION OF THE
35		-	DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE WAIVER OF FEES
36		-	OR LEASING COSTS FOR INFRASTRUCTURE THAT IS TO BE USED TO
37		-	PROVIDE BROADBAND INTERNET SERVICES TO UNSERVED OR
38		-	UNDERSERVED LOCATIONS AS DEFINED IN THE CONNECT NEW MEXICO
39		-	ACT.
40		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
41		-	SECTION 1. Section 67-3-12 NMSA 1978 (being Laws 1929,
42		-	Chapter 110, Section 1, as amended) is amended to read:
43		-	"67-3-12. POWERS AND DUTIES.--In addition to the powers
44		-	now conferred upon it by law, the state transportation
45		-	commission:
46		-	A. may declare abandoned and close to public
47		-	traffic all grade crossings of railroads by state highways in
48		-	cases where grade separations or other adequate crossings are
49		-	substituted therefor or where such grade crossings become
50		-	unnecessary to the public convenience by reason of changes in
51		-	highway locations; HRDLC/HB 160
52		-	Page 2
	59	+	DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE WAIVER OF FEES OR
	60	+	LEASING COSTS FOR INFRASTRUCTURE THAT IS TO BE USED PRIMARILY
	61	+	TO PROVIDE BROADBAND INTERNET SERVICES TO UNSERVED OR
	62	+	UNDERSERVED LOCATIONS AS DEFINED IN THE CONNECT NEW MEXICO ACT.
	63	+	.223389.3 underscored material = new
	64	+	[bracketed material] = delete
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78		-	B. may offer and, upon compliance with the
79		-	conditions of such offer, pay rewards for information leading
80		-	to the arrest and conviction of offenders in cases of theft,
81		-	defacement or destruction of markers or highway signs, lights
82		-	or other warning devices placed upon or along highways of
83		-	this state under the supervision of the state transportation
84		-	commission and for information leading to the arrest and
85		-	conviction of offenders or for the return of property in case
86		-	of theft or unlawful damaging of property under the control
87		-	of the commission. All such rewards when paid shall be paid
88		-	from the state road fund upon voucher drawn by the secretary
89		-	or other authorized officer or agent of the department;
90		-	C. shall prescribe by rule the conditions under
91		-	which fiber cable lines, conduit, poles, wireless technology
92		-	or other infrastructure used for broadband internet services,
93		-	pipelines, telephone, telegraph and electric transmission
94		-	lines and ditches may be placed along, across, over or under
95		-	public highways in this state or other property under the
96		-	jurisdiction of the department and shall forcibly remove or
97		-	cause to be removed fiber cable lines, conduit, poles,
98		-	pipelines, telephone, telegraph or electric transmission
99		-	lines or wireless technology or other infrastructure or
100		-	ditches that may be placed along, across, over or under such
101		-	public highways in violation of such rules and regulations;
102		-	D. may waive administrative fees and annual fees HRDLC/HB 160
103		-	Page 3
	90	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
	91	+	SECTION 1. Section 19-7-57 NMSA 1978 (being Laws 1912,
	92	+	Chapter 82, Section 53, as amended) is amended to read:
	93	+	"19-7-57. COMMISSIONER--POWERS--EASEMENTS--RIGHTS OF
	94	+	WAY.--
	95	+	A. The commissioner may grant rights of way [and ]
	96	+	or easements over, upon or across state lands for fiber cable
	97	+	lines, conduit, poles, wireless technology or other
	98	+	infrastructure used for broadband internet services , public
	99	+	highways, railroads, tramways, telegraph, telephone and power
	100	+	lines, irrigation works, mining, logging and other purposes
	101	+	upon payment by the grantee of the price fixed by the
	102	+	commissioner, which shall not be less than the minimum price
	103	+	for the lands, used, as fixed by law. The commissioner may
	104	+	grant a right of way or easement over, upon or across state
	105	+	lands for oil, hazardous liquid and gas pipelines if the right-
	106	+	of-way grant or easement requires compliance with the Pipeline
	107	+	Safety Act [Section 70-3-11, et seq., NMSA 1978 ] and rules
	108	+	adopted pursuant to that act and provides for regulatory and
	109	+	agencies' access to records of compliance.
	110	+	B. The commissioner may waive fees or leasing costs
	111	+	for rights of way or easements granted pursuant to Subsection A
	112	+	of this section for infrastructure that is to be used primarily
	113	+	to provide broadband internet services to unserved or
	114	+	underserved locations, as defined in the Connect New Mexico
	115	+	.223389.3
	116	+	- 2 - underscored material = new
	117	+	[bracketed material] = delete
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129		-	for infrastructure authorized pursuant to Subsection C of
130		-	this section that is to be used to provide broadband internet
131		-	services to unserved or underserved locations, as defined in
132		-	the Connect New Mexico Act;
133		-	E. shall employ an attorney to assist and advise
134		-	the state transportation commission and the department in the
135		-	discharge of their duties and to appear and represent the
136		-	interests of the commission or department in any case before
137		-	any court or tribunal in which the official duties, powers,
138		-	rights or privileges of the commission or department may be
139		-	involved or affected and to pay that attorney the reasonable
140		-	value of the attorney's services out of the state road fund;
141		-	F. shall bring and maintain in the name of the
142		-	state actions and proceedings deemed necessary by the state
143		-	transportation commission for the condemnation of rights of
144		-	way for public highways or for the removal or condemnation of
145		-	buildings or other improvements that encroach in whole or
146		-	part upon the rights of way of public highways or for the
147		-	condemnation of gravel pits or other deposits of materials or
148		-	supplies suitable for the construction of public highways.
149		-	The attorney general of New Mexico shall appear in and
150		-	prosecute all such cases on behalf of the state upon request
151		-	of the state transportation commission. All such proceedings
152		-	shall be conducted in the same manner as other cases for the
153		-	condemnation of real property. The damages assessed in HRDLC/HB 160
154		-	Page 4
	143	+	Act."
	144	+	SECTION 2. Section 67-3-12 NMSA 1978 (being Laws 1929,
	145	+	Chapter 110, Section 1, as amended) is amended to read:
	146	+	"67-3-12. POWERS AND DUTIES.--In addition to the powers
	147	+	now conferred upon it by law, the state transportation
	148	+	commission:
	149	+	A. may declare abandoned and close to public
	150	+	traffic all grade crossings of railroads by state highways in
	151	+	cases where grade separations or other adequate crossings are
	152	+	substituted therefor or where such grade crossings become
	153	+	unnecessary to the public convenience by reason of changes in
	154	+	highway locations;
	155	+	B. may offer and, upon compliance with the
	156	+	conditions of such offer, pay rewards for information leading
	157	+	to the arrest and conviction of offenders in cases of theft,
	158	+	defacement or destruction of markers or highway signs, lights
	159	+	or other warning devices placed upon or along highways of this
	160	+	state under the supervision of the state transportation
	161	+	commission and for information leading to the arrest and
	162	+	conviction of offenders or for the return of property in case
	163	+	of theft or unlawful damaging of property under the control of
	164	+	the commission. All such rewards when paid shall be paid from
	165	+	the state road fund upon voucher drawn by the secretary or
	166	+	other authorized officer or agent of the department;
	167	+	C. shall prescribe by rule the conditions under
	168	+	.223389.3
	169	+	- 3 - underscored material = new
	170	+	[bracketed material] = delete
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180		-	proceedings brought under the provisions of this section
181		-	shall be paid out of the state road fund from money furnished
182		-	for that purpose by cooperative agreement between the state,
183		-	federal government and the county within which the condemned
184		-	property is situate or any such governmental bodies or out of
185		-	money furnished for the construction of the highway in
186		-	connection with which the condemnation is had, by the county
187		-	in which the condemned property is situate; provided,
188		-	however, that if no such money is available, the damages
189		-	shall be advanced on behalf of said counties out of their
190		-	money in the state road fund and the state treasurer shall
191		-	thereafter reimburse the state road fund for the money
192		-	advanced out of the next installment of money from motor
193		-	vehicle license fees accruing to the road fund of the county
194		-	for which such funds were so advanced;
195		-	G. shall designate in its discretion one of its
196		-	employees as acting secretary to act at all times when the
197		-	secretary is absent from the state capital. The acting
198		-	secretary, when designated, has the right and is hereby given
199		-	authority at all times when the secretary is absent from the
200		-	state capital to sign all federal project statements, federal
201		-	project agreements and federal vouchers with the same force
202		-	and effect as if signed by the secretary in person, and the
203		-	certificate of the acting secretary attached to any federal
204		-	project statement, federal project agreement or federal HRDLC/HB 160
205		-	Page 5
	196	+	which fiber cable lines, conduit, poles, wireless technology or
	197	+	other infrastructure used for broadband internet services ,
	198	+	pipelines, telephone, telegraph and electric transmission lines
	199	+	and ditches may be placed along, across, over or under public
	200	+	highways in this state or other property under the jurisdiction
	201	+	of the department and shall forcibly remove or cause to be
	202	+	removed pipelines, telephone, telegraph or electric
	203	+	transmission lines or ditches that may be placed along, across,
	204	+	over or under such public highways in violation of such rules
	205	+	and regulations;
	206	+	D. may waive administrative fees and annual fees
	207	+	for infrastructure authorized pursuant to Subsection C of this
	208	+	section that is to be used primarily to provide broadband
	209	+	internet services to unserved or underserved locations, as
	210	+	defined in the Connect New Mexico Act;
	211	+	[D.] E. shall employ an attorney to assist and
	212	+	advise the state transportation commission and the department
	213	+	in the discharge of their duties and to appear and represent
	214	+	the interests of the commission or department in any case
	215	+	before any court or tribunal in which the official duties,
	216	+	powers, rights or privileges of the commission or department
	217	+	may be involved or affected and to pay that attorney the
	218	+	reasonable value of the attorney's services out of the state
	219	+	road fund;
	220	+	[E.] F. shall bring and maintain in the name of the
	221	+	.223389.3
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
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231		-	voucher to the effect that the secretary was absent from the
232		-	state capital at the time that the same was so signed by the
233		-	acting secretary shall be conclusive evidence of the truth of
234		-	such fact. The acting secretary may also be vested by the
235		-	state transportation commission with power and authority to
236		-	act for the secretary in such other matters as the state
237		-	transportation commission may determine;
238		-	H. subject to the provisions of Subsection I of
239		-	this section, may conduct, permit or authorize commercial
240		-	enterprises or activities on department- or commission-owned
241		-	land or land leased to or from the department for the purpose
242		-	of providing goods and services to the users of the property
243		-	or facilities on the land, including commercial enterprises
244		-	or activities, other than commercial enterprises or
245		-	activities on a controlled-access facility conducted,
246		-	permitted or authorized pursuant to Section 67-11-9 NMSA
247		-	1978. In furtherance of these commercial enterprises or
248		-	activities, the commission may:
249		-	(1) authorize the lease of department- or
250		-	commission-owned land as it deems necessary, in which case
251		-	consideration for the lease shall be payments in cash or cash
252		-	equivalent that shall be deposited into the state road fund;
253		-	or
254		-	(2) authorize the sale or exchange or lease
255		-	with in-lieu value consideration of department- or HRDLC/HB 160
256		-	Page 6
	249	+	state actions and proceedings deemed necessary by the state
	250	+	transportation commission for the condemnation of rights of way
	251	+	for public highways or for the removal or condemnation of
	252	+	buildings or other improvements that encroach in whole or part
	253	+	upon the rights of way of public highways or for the
	254	+	condemnation of gravel pits or other deposits of materials or
	255	+	supplies suitable for the construction of public highways.
	256	+	The attorney general of New Mexico shall appear in and
	257	+	prosecute all such cases on behalf of the state upon request of
	258	+	the state transportation commission. All such proceedings
	259	+	shall be conducted in the same manner as other cases for the
	260	+	condemnation of real property. The damages assessed in
	261	+	proceedings brought under the provisions of this section shall
	262	+	be paid out of the state road fund from money furnished for
	263	+	that purpose by cooperative agreement between the state,
	264	+	federal government and the county within which the condemned
	265	+	property is situate or any such governmental bodies or out of
	266	+	money furnished for the construction of the highway in
	267	+	connection with which the condemnation is had, by the county in
	268	+	which the condemned property is situate; provided, however,
	269	+	that if no such money is available, the damages shall be
	270	+	advanced on behalf of said counties out of their money in the
	271	+	state road fund and the state treasurer shall thereafter
	272	+	reimburse the state road fund for the money advanced out of the
	273	+	next installment of money from motor vehicle license fees
	274	+	.223389.3
	275	+	- 5 - underscored material = new
	276	+	[bracketed material] = delete
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282		-	commission-owned land; provided that the sale or exchange or
283		-	lease with in-lieu value shall be subject to the ratification
284		-	and approval by joint resolution of the state legislature
285		-	prior to the sale or exchange or lease with in-lieu value
286		-	becoming effective; and
287		-	I. for the purposes of Subsection H of this
288		-	section shall:
289		-	(1) adopt rules necessary to carry out the
290		-	provisions of Subsection H of this section;
291		-	(2) prior to initiating any action to
292		-	conduct, permit or authorize commercial enterprises or
293		-	activities, adopt a rule providing a procedure to involve
294		-	residents of the municipality or county in which the
295		-	commercial enterprises or activities are proposed to occur in
296		-	the department's planning and decision-making process for the
297		-	sole purpose of advising the commission and department on the
298		-	feasibility and suitability of the proposed commercial
299		-	enterprises or activities;
300		-	(3) comply with the Procurement Code in the
301		-	acquisition process whenever commercial enterprises or
302		-	activities result in the commission or department acquiring
303		-	construction, services or tangible personal property, as
304		-	those terms are defined in the Procurement Code;
305		-	(4) if the commercial enterprises or
306		-	activities are to be developed or operated by a private HRDLC/HB 160
307		-	Page 7
	302	+	accruing to the road fund of the county for which such funds
	303	+	were so advanced;
	304	+	[F.] G. shall designate in its discretion one of
	305	+	its employees as acting secretary to act at all times when the
	306	+	secretary is absent from the state capital. The acting
	307	+	secretary, when designated, has the right and is hereby given
	308	+	authority at all times when the secretary is absent from the
	309	+	state capital to sign all federal project statements, federal
	310	+	project agreements and federal vouchers with the same force and
	311	+	effect as if signed by the secretary in person, and the
	312	+	certificate of the acting secretary attached to any federal
	313	+	project statement, federal project agreement or federal voucher
	314	+	to the effect that the secretary was absent from the state
	315	+	capital at the time that the same was so signed by the acting
	316	+	secretary shall be conclusive evidence of the truth of such
	317	+	fact. The acting secretary may also be vested by the state
	318	+	transportation commission with power and authority to act for
	319	+	the secretary in such other matters as the state transportation
	320	+	commission may determine;
	321	+	[G.] H. subject to the provisions of Subsection [H ]
	322	+	I of this section, may conduct, permit or authorize commercial
	323	+	enterprises or activities on department- or commission-owned
	324	+	land or land leased to or from the department for the purpose
	325	+	of providing goods and services to the users of the property or
	326	+	facilities on the land, including commercial enterprises or
	327	+	.223389.3
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
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333		-	entity, direct that private entity to:
334		-	(a) create its plans to be not
335		-	necessarily in compliance but generally compatible with local
336		-	zoning and land use policies, including affordable housing
337		-	and historic and architectural standards, if any, and, to the
338		-	extent the private entity will obtain water or other services
339		-	from a local authority, negotiate an agreement between
340		-	relevant parties for those services, the terms and conditions
341		-	of which shall be no more stringent than the local
342		-	authority's then current laws, rules and policies; and
343		-	(b) submit its plans to the local
344		-	zoning and land use authority for comment. The local
345		-	authority shall communicate its recommendations and comments
346		-	in writing to the department and private entity within thirty
347		-	days of receiving the plans. The department, commission and
348		-	private entity shall take no action on the project in
349		-	reliance on those plans until they have received the local
350		-	authority's recommendations and comments or until the thirty-
351		-	day comment period has expired, whichever comes first;
352		-	provided that the local authority's approval is not required
353		-	under this section, and this section does not delegate to the
354		-	local authority power that it does not otherwise have; and
355		-	(5) not use the power of eminent domain to
356		-	acquire land to be developed or operated by a private
357		-	entity." HRDLC/HB 160
358		-	Page 8
	355	+	activities, other than commercial enterprises or activities on
	356	+	a controlled-access facility conducted, permitted or authorized
	357	+	pursuant to Section 67-11-9 NMSA 1978. In furtherance of these
	358	+	commercial enterprises or activities, the commission may:
	359	+	(1) authorize the lease of department- or
	360	+	commission-owned land as it deems necessary, in which case
	361	+	consideration for the lease shall be payments in cash or cash
	362	+	equivalent that shall be deposited into the state road fund; or
	363	+	(2) authorize the sale or exchange or lease
	364	+	with in-lieu value consideration of department- or commission-
	365	+	owned land; provided that the sale or exchange or lease with
	366	+	in-lieu value shall be subject to the ratification and approval
	367	+	by joint resolution of the state legislature prior to the sale
	368	+	or exchange or lease with in-lieu value becoming effective; and
	369	+	[H.] I. for the purposes of Subsection [G ] H of
	370	+	this section shall:
	371	+	(1) adopt rules necessary to carry out the
	372	+	provisions of Subsection [G ] H of this section;
	373	+	(2) prior to initiating any action to conduct,
	374	+	permit or authorize commercial enterprises or activities, adopt
	375	+	a rule providing a procedure to involve residents of the
	376	+	municipality or county in which the commercial enterprises or
	377	+	activities are proposed to occur in the department's planning
	378	+	and decision-making process for the sole purpose of advising
	379	+	the commission and department on the feasibility and
	380	+	.223389.3
	381	+	- 7 - underscored material = new
	382	+	[bracketed material] = delete
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384		-	SECTION 2. EFFECTIVE DATE.--The effective date of the
	408	+	suitability of the proposed commercial enterprises or
	409	+	activities;
	410	+	(3) comply with the Procurement Code in the
	411	+	acquisition process whenever commercial enterprises or
	412	+	activities result in the commission or department acquiring
	413	+	construction, services or tangible personal property, as those
	414	+	terms are defined in the Procurement Code;
	415	+	(4) if the commercial enterprises or
	416	+	activities are to be developed or operated by a private entity,
	417	+	direct that private entity to:
	418	+	(a) create its plans to be not
	419	+	necessarily in compliance but generally compatible with local
	420	+	zoning and land use policies, including affordable housing and
	421	+	historic and architectural standards, if any, and, to the
	422	+	extent the private entity will obtain water or other services
	423	+	from a local authority, negotiate an agreement between relevant
	424	+	parties for those services, the terms and conditions of which
	425	+	shall be no more stringent than the local authority's then
	426	+	current laws, rules and policies; and
	427	+	(b) submit its plans to the local zoning
	428	+	and land use authority for comment. The local authority shall
	429	+	communicate its recommendations and comments in writing to the
	430	+	department and private entity within thirty days of receiving
	431	+	the plans. The department, commission and private entity shall
	432	+	take no action on the project in reliance on those plans until
	433	+	.223389.3
	434	+	- 8 - underscored material = new
	435	+	[bracketed material] = delete
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	461	+	they have received the local authority's recommendations and
	462	+	comments or until the thirty-day comment period has expired,
	463	+	whichever comes first; provided that the local authority's
	464	+	approval is not required under this section, and this section
	465	+	does not delegate to the local authority power that it does not
	466	+	otherwise have; and
	467	+	(5) not use the power of eminent domain to
	468	+	acquire land to be developed or operated by a private entity."
	469	+	SECTION 3. EFFECTIVE DATE.--The effective date of the
385	470		provisions of this act is July 1, 2023.
	471	+	- 9 -
	472	+	.223389.3