New Mexico § 70-3-13 - Powers and duties of commission

§ 70-3-13. Powers and duties of commission

The commission: A. shall promulgate, amend, enforce and repeal reasonable regulations establishing

minimum safety standards for the transportation of oil, hazardous liquids as defined

in 49 CFR 195.2 and gas and for the design, installation, inspection, testing, construction, extension,

operation, replacement and maintenance, including internal and external surveillance

for pipe integrity and installation of emergency flow restricting devices, of oil,

hazardous liquid and gas pipeline facilities as may be required by federal law. Safety standards shall not be applicable to oil, hazardous liquid or gas pipeline

facilities in existence on the date the safety standards are adopted; provided, however,

that whenever the commission upon investigation and hearing determines that an oil,

hazardous liquid or gas pipeline facility is hazardous to life or property, it may

require the person operating the oil, hazardous liquid or gas pipeline facility to

take the steps necessary to remove the hazards. Safety regulations shall be practicable and designed to meet the need for pipeline

safety. Safety rules promulgated for oil, hazardous liquid and gas pipeline facilities or

the transportation of oil, hazardous liquids and gas shall be consistent with federal

law and rules. Safety rules adopted hereunder shall not apply to any transportation of oil or oil

pipeline facilities regulated by the federal department of transportation. Rules adopted pursuant to the Pipeline Safety Act shall substantially conform to

federal pipeline safety rules; B. may advise, consult, contract and cooperate with any agency of the federal government

or any other state in projects of common interest in the regulation of safety of oil,

hazardous liquid and gas pipeline facilities and the transportation of oil, hazardous

liquids and gas and administer the authority delegated to the commission by any contract

with the federal government or any agency thereof; C. may accept, receive, apply for or administer grants or other funds or gifts from

public or private agencies, including the federal government, or from any other person; D. may make investigations consistent with the Pipeline Safety Act and, in connection

therewith, enter private or public property at all reasonable times. The results of investigations shall be reduced to writing if any enforcement action

is contemplated and a copy thereof furnished to the operator of the oil, hazardous

liquid or gas pipeline facilities investigated before any enforcement action is initiated;

and E. may require persons subject to the Pipeline Safety Act to maintain the records,

file the reports and develop the plans for inspection and maintenance of oil, hazardous

liquid or gas pipeline facilities as the commission may, by rule, require for proper

administration of the Pipeline Safety Act; provided, however, that the use of the

term “rights of way” does not authorize the commission to prescribe the location or

routing of any oil, hazardous liquid or gas pipeline facility.