New Mexico § 62-14-2 - Definitions

§ 62-14-2. Definitions

As used in Chapter 62, Article 14 NMSA 1978: A. “ advance notice ” means two working days; B. “ blasting ” means the use of an explosive to excavate; C. “ cable television lines and related facilities ” means the facilities of any cable television system or closed-circuit coaxial cable

communications system or other similar transmission service used in connection with

any cable television system or other similar closed-circuit coaxial cable communications

system; D. “ commission ” means the public regulation commission; E. “ emergency excavation ” means an excavation that must be performed due to circumstances beyond the excavator's

control and that affects public safety, health or welfare; F. “ excavate ” means the movement or removal of earth using mechanical excavating equipment or

blasting and includes augering, backfilling, digging, ditching, drilling, grading,

plowing in, pulling in, ripping, scraping, trenching, tunneling and directional boring; G. “ excavator ” means a person that excavates; H. “ master meter system and operators ” means a pipeline system that distributes natural gas or liquid propane gas within

a public place, such as a mobile home park, housing project, apartment complex, school,

university or hospital where the operator of the master meter system purchases gas

from a distributor through a single large meter and resells the gas through a gas

distribution pipeline system. The resale may occur as a payment included in a rental payment or association dues

or as a separately metered system; I. “ means of location ” means a mark such as a stake, a flag, whiskers or paint that is conspicuous in nature

and that is designed to last at least ten working days if not disturbed; J. “ mechanical excavating equipment ” means all equipment powered by any motor, engine or hydraulic or pneumatic device

used for excavating and includes trenchers, bulldozers, backhoes, power shovels, scrapers,

draglines, clam shells, augers, drills, cable and pipe plows or other plowing-in or

pulling-in equipment; K. “ one-call notification system ” means a communication system in which an operation center provides telephone services

or other reliable means of communication for the purpose of receiving excavation notice

and damage reporting information and distributing that information to owners and operators

of pipelines and other underground facilities; L. “ person ” means the legal representative of or an individual, partnership, corporation, joint

venture, state, subdivision or instrumentality of the state or an association; M. “ pipeline ” means a pipeline or system of pipelines and appurtenances for the transportation

or movement of any oil or gas, or oil or gas products and their byproducts subject

to the jurisdiction of federal law or regulation, with the exception of master meter

systems and operators; N. “ positive response ” means a response, within the advance notice period, initiated by owners or operators

of pipelines and underground facilities by reliable means of communication, to the

one-call notification system's positive response registry system. A positive response allows the excavator to verify whether all affected pipeline

and underground facility owners or operators have marked their underground facilities

pursuant to Section 62-14-5 NMSA 1978 prior to commuting to the excavation site and commencing excavation; O. “ reasonable efforts ” means notifying the appropriate one-call notification center or underground facility

owner or operator of planned excavation; P. “ underground facility ” means any tangible property described in Subsections C, M and Q of this section

that is underground, but does not include residential sprinklers or low-voltage lighting;

and Q. “ underground utility line ” means an underground conduit or cable, including fiber optics, and related facilities

for transportation and delivery of electricity, telephonic or telegraphic communications

or water, sewer and fire protection lines, with the exception of master meter systems

and operators.