Section 70-3-21 - Pipeline safety fund; created; assessment and collection of fees. - New Mexico Statutes

70-3-21. Pipeline safety fund; created; assessment and collection of fees.

A.     The "pipeline safety fund" is created in the state treasury for the purpose of enhancing the staffing and training of the pipeline safety bureau of the commission with the goal of assuming the function of inspection of interstate as well as intrastate pipelines.  The fund shall consist of fees collected pursuant to Subsection D of this section, appropriations, gifts, grants, donations and earnings from investment of the fund.  Balances in the fund shall not be transferred to the general fund at the end of any fiscal year.

B.     The pipeline safety fund shall be administered by the commission.  Money in the fund is appropriated to the commission to carry out its duties pursuant to the provisions of the Pipeline Safety Act [70-3-11 NMSA 1978] and Chapter 62, Article 14 NMSA 1978.  Not more than five percent of the fees collected pursuant to Subsection D of this section shall be used by the commission for administrative purposes.

C.     Payments from the pipeline safety fund shall be made upon vouchers issued and signed by the director of the administrative services division of the commission or the director's authorized representative upon warrants drawn by the secretary of finance and administration.

D.     The commission shall collect annual pipeline safety fees for the duties relating to inspection of intrastate pipelines from persons subject to the Pipeline Safety Act in accordance with and not to exceed the following amounts:

(1)     for the transportation of gas:

(a)     two dollars ($2.00) per domestic service line;

(b)     thirty-five dollars ($35.00) per commercial service line;

(c)     thirty-five dollars ($35.00) per mile of line for the transportation of gas subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400); and

(d)     one hundred dollars ($100) per master meter, direct sales lateral or liquified petroleum gas system; and

(2)     for the transportation of oil, thirty-five dollars ($35.00) per mile of transmission line subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400).  A fee shall not be assessed on mileage under the jurisdiction of or inspected by the federal department of transportation.

E.     The commission shall annually conduct a public review of the fees collected and payments made from the fund and provide a summary to the legislative finance committee and the department of finance and administration.  Based upon its findings, the commission shall adjust the annual fee rates authorized by Subsection D of this section in order to collect only that amount estimated to be necessary to carry out the provisions of the Pipeline Safety Act and Chapter 62, Article 14 NMSA 1978; provided that the fees shall not be greater than the amounts set forth in Subsection D of this section.