Chapter 62, Article 15 NMSA 1978 may be cited as the "Rural Electric Cooperative Act".
History: Laws 1939, ch. 47, § 1; 1941 Comp., § 48-401; 1953 Comp., § 45-4-1; Laws 1998, ch. 108, § 49.
Cross references. — For jurisdiction of over rural electric cooperatives, see 62-3-2, 62-3-3 and 62-15-32 NMSA 1978 and notes thereto.
The 1998 amendment, effective January 1, 1999, substituted "Chapter 62, Article 15 NMSA 1978" for "This Act" near the beginning of the section.
Public service commission (now public regulation commission) was not required to delineate an electric cooperative's service area where part of its system was in an area previously certificated to another utility. Lea Cnty. Elec. Coop. v. N.M. Pub. Serv. Comm'n, 1965-NMSC-057, 75 N.M. 191, 402 P.2d 377, cert. denied, 385 U.S. 969, 87 S. Ct. 506, 17 L. Ed. 2d 433 (1966).
Premature action. — Action by cooperative seeking to enjoin municipality from acquiring electric distribution and transmission lines outside of corporate limits where the cooperative held a prior franchise was brought prematurely since it did not yet own plant or transmission lines and could not show basis for relief in equity. Sierra Elec. Coop. v. Town of Hot Springs, 1947-NMSC-022, 51 N.M. 150, 180 P.2d 244.
Cooperatives are subject to highway and street regulations. — Rural electrification cooperatives are subject to the same regulations by the highway commission and the county or municipality for the use of rights-of-way as any other public utility, and would be subject to the penal features of 67-8-13 and 67-8-14 NMSA 1978. 1952 Op. Att'y Gen. No. 52-5624.
Law reviews. — For note, "Corporate Law - Formulating and Applying a 'Proper Purpose' Analysis to a Books and Records Inspection Request - Schein v. Northern Rio Arriba Electric Cooperative, Inc.," see 28 N.M.L. Rev. 133 (1998).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations §§ 1, 4 to 9, 11 to 13, 49.
Duty of mutual association, nonprofit organization or cooperative to furnish utility services, 56 A.L.R.2d 413.
Validity and enforceability of bylaw amendment reducing benefits available to members, 61 A.L.R.3d 976.
Competency of juror as affected by his membership in cooperative association interested in the case, 69 A.L.R.3d 1296.
Liability of electric utility to nonpatron for interruption or failure of power, 54 A.L.R.4th 667.
3 C.J.S. Agriculture §§ 138 to 158; 43 C.J.S. Industrial Cooperative Societies §§ 1, 3.
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 15 - Rural Electric Cooperatives
Section 62-15-1 - Short title.
Section 62-15-2 - Purpose; definition.
Section 62-15-3.1 - Subsidiary business activities.
Section 62-15-5 - Incorporators.
Section 62-15-6 - Articles of incorporation.
Section 62-15-9 - Board of trustees; suits.
Section 62-15-9.1 - Duties of trustees.
Section 62-15-9.2 - Limitation on liability and indemnification of officers and trustees.
Section 62-15-10 - Voting districts.
Section 62-15-12 - Amendment of articles of incorporation.
Section 62-15-13 - Consolidation.
Section 62-15-15 - Effect of consolidation or merger.
Section 62-15-16 - Conversion of existing corporations.
Section 62-15-17 - Initiative by members.
Section 62-15-18 - Dissolution.
Section 62-15-19 - Filing of articles.
Section 62-15-20 - Refunds to members.
Section 62-15-21 - Disposition of property.
Section 62-15-22 - Nonliability of members for debts of cooperative.
Section 62-15-23 - Recordation of mortgages.
Section 62-15-24 - Waiver of notice.
Section 62-15-25 - Trustees, officers or members; notaries.
Section 62-15-26 - Foreign corporations.
Section 62-15-26.1 - Distribution cooperative utilities organized in other states; application.
Section 62-15-30 - Securities Act exemption.
Section 62-15-31 - "Rural area," "person" and "member" defined.
Section 62-15-32 - Construction of act; inconsistency.
Section 62-15-34 - Renewable portfolio standard.
Section 62-15-35 - Renewable energy certificates; commission duties.
Section 62-15-36 - Renewable energy and conservation fee.
Section 62-15-37 - Definitions; energy efficiency; renewable energy.