A. For the purpose of defraying the expenses of administering the laws relating to the use of CNG in motor vehicles or the LP gas industry, each person, firm or corporation, at the time of application for a license and annually thereafter on or before December 31 of each calendar year, shall pay to the bureau reasonable license fees as set, classified and defined by the bureau for each operating location. Provided, the total annual fees charged any one licensee for a combination of LP gas activities at one location and subject to licensure under this section shall not exceed three hundred fifty dollars ($350), and the fee charged for any single activity or operation as set, classified and defined by the bureau shall not exceed one hundred fifty dollars ($150).

B. Nothing in the LPG and CNG Act [this article] is intended to alter the jurisdiction of the state corporation commission [public regulation commission], pipeline safety department.

C. In addition, there shall be paid a reasonable fee for the safety inspection, made by a representative of the bureau, of each LP gas bulk storage plant, LP gas liquid transfer facility and of the LP gas equipment on each vehicular unit used for transportation of LP gas in bulk quantities. The fee shall be set by the bureau and shall not be assessed more frequently than once in each twelve months. The bureau may also charge a reasonable fee for late payment of any fees.

D. No annual license fee fixed by the bureau as provided in this section shall become effective until after notice to each licensee has been made and hearing held on the proposed annual license fees in the manner provided by Section 70-5-14 NMSA 1978. At the conclusion of any hearing, the bureau shall enter its findings and decision in writing as a regulation, and the regulation shall be filed as provided by the State Rules Act [Chapter 14, Article 4 NMSA 1978].

History: 1953 Comp., § 65-7-8, enacted by Laws 1970, ch. 65, § 2; 1973, ch. 362, § 9; 1977, ch. 245, § 131; 1993, ch. 186, § 9.

Bracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.

Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.

Repeals and reenactments. — Laws 1970, ch. 65, § 2, repealed former 65-7-8, 1953 Comp., relating to annual license and inspection fees and enacted a new 70-5-9 NMSA 1978.

The 1993 amendment, effective July 1, 1993, in Subsection A, inserted "the use of CNG in motor vehicles or" in the first sentence and substituted "licensee" for "license" in the second sentence; in Subsection B, substituted "in the LPG and CNG Act" for "in this Act" and deleted "New Mexico" preceding "state"; in Subsection C, in the first sentence inserted "LP gas" preceding "bulk storage plant" and "LP gas liquid transfer facility", and substituted "The fee" for "Such fee" in the second sentence; and, in Subsection D, substituted "Section 70-5-14 NMSA 1978" for "Section 65-7-14 NMSA 1953" and made minor stylistic changes throughout the subsection.

Residence building contractor included. — A building contractor who builds residences for sale and equips them with liquefied petroleum gas appliances must pay a license fee to the liquefied petroleum gas commission (now liquefied petroleum gas bureau) if the equipment installed is being fed from a reservoir of more than five pounds of liquefied gas. 1961 Op. Att'y Gen. No. 61-70.

A building contractor installing liquefied petroleum gas appliances and equipment in the houses he builds for sale must have a retail sale license as well as an installation license. 1961 Op. Att'y Gen. No. 61-70.

Payment of fees. — The legislature intended the payment of $50.00 to cover the balance of the calendar year for which license is issued and payments thereafter would cover fees for each calendar year. 1947 Op. Att'y Gen. No. 47-5013 (rendered under prior law, now repealed).

When license required of person transporting for own use. — A person who transports liquefied petroleum gas in bulk quantities over public roads to a farm or ranch for his own use is required to be licensed under the Liquefied Petroleum Gas Act. 1963 Op. Att'y. Gen. No. 63-53.