Billing; franchise fees; gross receipts taxes.

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A. A franchise fee charge shall be stated as a separate line entry on a bill sent by a public utility or a distribution cooperative utility to a customer and shall only be recovered from a customer located within the jurisdiction of the government authority imposing the franchise fee.

B. Any gross receipts taxes collected on electric services received by a retail customer in the state shall be stated as a separate line entry on a bill for electric service sent to the customer by a public utility or distribution cooperative utility.

History: Laws 2003, ch. 336, § 4.

ANNOTATIONS

Effective dates. — Laws 2003, ch. 336 contained no effective date provision but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.

Line item charges for franchise fees. — The public regulation commission did not have jurisdiction to enter an order requiring a public utility to stop including on customers' bills the franchise fee charges paid by the utility to a county for the right to use county right-of-way to deliver utility service to county residents and businesses. El Paso Elec. Co. v. N.M. Pub. Regulation Comm'n, 2010-NMSC-048, 149 N.M. 174, 246 P.3d 443.


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