New Mexico § 62-14-7.1 - One-call notification system

§ 62-14-7.1. One-call notification system

A. An owner or operator of an underground facility subject to Chapter 62, Article 14 NMSA 1978 shall be a member of a one-call notification system operating in the region with

the exception of private underground facilities owned by a homeowner and operated

and located on residential property. A one-call notification system may be for a region of the state or statewide in

scope, unless federal law provides otherwise. B. Each one-call notification system shall be operated by: (1) an owner or operator of pipeline facilities; (2) a private contractor; (3) a state or local government agency; or (4) a person who is otherwise eligible under state law to operate a one-call notification

system. C. If the one-call notification system is operated by owners or operators of pipeline

facilities, it shall be established as a nonprofit entity governed by a board of directors

that shall establish the operating processes, procedures and technology needed for

a one-call notification system. The board shall further establish a procedure or formula to determine the equitable

share of each member for the costs of the one-call notification system. The board may include representatives of excavators or other persons deemed eligible

to participate in the system who are not owners or operators. D. Excavators shall give advance notice to the one-call notification system operating

in the intended excavation area and provide information established by rule of the

commission, except when excavations are by or for a person that: (1) owns or leases or owns a mineral leasehold interest in the real property on which

the excavation occurs; and (2) operates all underground facilities located in the intended excavation area. E. The one-call notification system shall promptly transmit excavation notice information

to owners or operators of pipeline facilities and other underground facilities in

the intended excavation area. F. After receiving advance notice, owners and operators of pipeline facilities and

other underground facilities shall locate and mark their facilities in the intended

excavation area and shall provide a positive response. The one-call notification center shall make available to the commission appropriate

positive response records for investigations of alleged violations of Chapter 62, Article 14 NMSA 1978 . G. The one-call notification system shall provide a toll-free telephone number or

another comparable and reliable means of communication to receive advance notice of

excavation. Means of communication to distribute excavation notice to owners or operators of

pipeline facilities and other underground facilities shall be reliable and capable

of coordination with one-call notification systems operating in other regions of the

state. H. Operators of one-call notification systems shall notify the commission of its members

and the name and telephone number of the contact person for each member and make available

to the commission appropriate records in investigations of alleged violations of Chapter 62, Article 14 NMSA 1978 . I. One-call notification systems and owners and operators of pipeline facilities shall

promote public awareness of the availability and operation of one-call notification

systems and work with state and local governmental agencies charged with issuing excavation

permits to provide information concerning and promoting awareness by excavators of

one-call notification systems. J. The commission may prescribe reasonable maximum rates for the provision of one-call

services in New Mexico, provided that if the reasonableness of such rates is contested

in the manner provided by commission rule, the burden of proof to show the unreasonableness

of such rates shall be upon the person contesting their reasonableness.