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Committee restores engineering exemption for rural electric co‑ops after debate on safety and cost
Summary
A bill clarifying engineering practice exemptions for rural electric cooperatives passed the committee 9–1 after proponents said the measure preserves long‑standing utility construction standards and opponents warned it could allow unlicensed engineering practice and raised safety concerns.
House Bill 323 (as discussed in committee) would modify statutory engineering practice requirements by clarifying exemptions for electric cooperatives performing construction and maintenance within easements and rights‑of‑way under established Rural Utilities Service (RUS) standards and other engineering specifications.
Representative Sanchez and Representative Pettigrew said the bill restores a status quo that existed prior to earlier changes: co‑ops follow RUS specifications, employ experienced line crews and inspectors, and already submit multi‑year plans and stamped project closeout documents to obtain funding and to certify completed work. "Safety is our number one priority and we can't deliver reliable and affordable electricity without safety standards," a cooperative representative told the committee. Sponsors stressed that large projects are designed and inspected by licensed professional engineers (PEs) and that the statutory change would reduce duplicative costs and procedural burdens on small, member‑owned utilities.
Opponents included the New Mexico Society of Professional Engineers and the New Mexico Board of Engineers and Surveyors. Richard Martinez (New Mexico Society of Professional Engineers) warned the bill "does not mention the word safety once" and argued it could create contributory‑negligence exposure and reduce the statutory protections associated with licensed engineering oversight. The Board of Engineers and Surveyors said the bill’s language had the effect of broad exemption and suggested a narrower amendment clarifying that co‑ops may be exempt only where they are not providing engineering services to the public.
Sponsors replied that co‑ops already submit stamped plans for major projects and that the amendment process adopted in committee preserves engineer review at the planning and close‑out stages. They argued the bill would not remove civil liability or public‑safety obligations; rather it would avoid needless PE stamps on routine service extensions and line jobs that utilities complete daily.
The committee voted 9–1 to pass the bill; sponsors said the bill returns New Mexico to the prior regulatory approach while preserving safety through required RUS standards, PE‑stamped major project plans and post‑construction inspections.
Why it matters: Rural electric cooperatives cover large geographic areas with small staffs and said the bill lowers the cost of routine work without removing end‑of‑project engineer certification. Professional engineering groups said the statutory carve‑out risks public safety and urged narrower drafting.
What’s next: The bill passed the committee and will advance for further consideration; sponsors and engineering boards indicated they would continue dialogue on precise statutory language and safeguards.
