HB 70 New Mexico House · 2026 Regular Session

PRC SUPPORT AGENCY

HB 70 creates a "Utility Oversight Fund" to manage fees, interest, and penalties collected from public utilities under New Mexico's Public Utility Act. The bill clarifies that the Public Regulation Commission (PRC) is distinct from its supporting "agency," and requires all fees paid by utilities to be deposited into this new fund instead of general state accounts. The fund will be administered by the PRC to cover its operational costs, with disbursements made via state treasurer warrants. This bill primarily affects public utilities that pay fees and the PRC staff managing the fund, streamlining financial oversight without altering utility regulations or consumer protections.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 13, 2026 Signed Mar 10, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

JC substitute → Final Version · 5 edits

MODERATE

This bill clarifies the roles between the Public Regulation Commission and its supporting agency, creates a new Utility Oversight Fund to collect fees and penalties, and strengthens enforcement by allowing the commission to sue directly for unpaid fees with interest and penalties. It also establishes a new nominating committee for commission members.

Scope change

The bill expands the commission's enforcement authority and creates a new fund for fee collection, while clarifying definitions of 'agency' and 'commission' to distinguish their roles.

FISCAL

Created a new Utility Oversight Fund to collect fees, interest, and penalties from public utilities.

ENFORCEMENT

Changed enforcement authority from the Attorney General to the Public Regulation Commission, allowing the commission to directly sue for unpaid fees.

REQUIREMENT

Added interest (1.25% per month) and penalty (2% of fee) for late fee payments.

Created a new seven-member Public Regulation Commission Nominating Committee with specific appointment requirements.

DEFINITION

Added new definitions for 'agency' and 'commission' to clarify their distinct roles.

introduced version → JC substitute · 8 edits

MODERATE

This bill amends the Public Regulation Commission Act to clarify the relationship between the commission and its supporting agency, create a new Utility Oversight Fund for collected fees and penalties, establish a Public Regulation Commission Nominating Committee to vet commissioner candidates, and strengthen ethics and conflict-of-interest rules for commissioners and employees. The changes aim to improve transparency, accountability, and public trust in utility regulation.

Scope change

The bill expands the scope of oversight by creating a new nominating committee and clarifying that the commission is distinct from the supporting agency. It also broadens enforcement mechanisms by allowing the commission to directly collect unpaid fees and penalties.

FISCAL

Created a new Utility Oversight Fund to hold all fees, penalties, interest, and donations collected under the Public Utility Act, administered by the commission.

ENFORCEMENT

Changed enforcement authority for unpaid fees from the Attorney General to the commission itself, which can now bring suit to collect fees, interest, and penalties.

REQUIREMENT

Established a seven-member Public Regulation Commission Nominating Committee to vet and recommend commissioner nominees, with requirements for geographic diversity and no compensation.

Strengthened ethics rules by prohibiting commissioners and employees from accepting gifts, having pecuniary interests in regulated entities, and imposing post-employment restrictions on lobbying or representing regulated entities.

Updated continuing education requirements for commissioners, increasing ethics training from two hours to six hours in the first year and requiring 32 hours of relevant continuing education annually.

Created a Chief of Staff position responsible for day-to-day agency operations, including public interest advocacy, consumer complaint resolution, and telecommunications oversight.

DEFINITION

Clarified definitions of 'agency' (supporting organization) and 'commission' (the regulatory body) to distinguish their roles throughout the statute.

TIMELINE

Removed specific dates from the nominating committee section (originally set for 2022-2023) as the bill was introduced for the 2026 legislative session, making the committee structure permanent without fixed expiration dates.

Floor votes · Senate Feb 17, 2026 · House Feb 9, 2026

How they voted

32–0

Passed · 6 other

Total votes 38

Feb 17, 2026

D Democratic22

18 Yea 4

81% Yea

R Republican16

14 Yea 2

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 10, 2026

Signed into law

Signed

executive

Feb 19, 2026

Executive · Passed

House concurred in Senate amendments

executive

Feb 17, 2026

Upper · Passed

passed Senate

upper

Feb 15, 2026

Upper · Passed

DO PASS, as amended, committee report adopted

upper

Feb 10, 2026

Introduced

Sent to Senate Rules Committee

upper

Feb 9, 2026

Lower · Passed

passed House

lower

Feb 5, 2026

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 28, 2026

Lower · Passed

DO PASS committee report adopted

lower

Jan 22, 2026

Introduced

Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee

lower

Jan 13, 2026

Introduced

Sent to House Pre-file

lower

2 primary · 0 co-sponsors