reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-2 - Definitions.

As used in the New Mexico Renewable Energy Transmission Authority Act:
A. "acquire" means to obtain eligible facilities by lease, construction, reconstruction or purchase;
B. "authority" means the New Mexico renewable energy transmission authority;
C. "bonds" means renewable energy transmission bonds and includes notes, warrants, bonds, temporary bonds and anticipation notes issued by the authority;
D. "eligible facilities" means facilities to be financed or acquired by the authority, in which, within one year after beginning the transmission or storage of any electricity, and thereafter, at least thirty percent of the electric energy, as estimated by the authority, originates from renewable energy sources;
E. "facilities" means electric transmission and interconnected storage facilities and all related structures, properties and supporting infrastructure, including any interests therein;
F. "finance" or "financing" means the lending of bond proceeds by the authority to a public utility or other private person for the purpose of planning, acquiring, operating and maintaining eligible facilities in whole or in part by that public utility or other private person;
G. "project" means an undertaking by the authority to finance or plan, acquire, maintain and operate eligible facilities located in part or in whole within the state of New Mexico;
H. "public utility" means a public electric utility regulated by the public regulation commission pursuant to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] and municipal utilities exempt from public regulation commission regulation pursuant to Section 62-6-4 NMSA 1978 that own or operate facilities;
I. "renewable energy" means electric energy:
(1) generated by use of low- or zero-emissions generation technology with substantial long-term production potential; and
(2) generated by use of renewable energy resources that may include:
(a) solar, wind, hydropower and geothermal resources;
(b) fuel cells that are not fossil fueled; or
(c) biomass resources, such as agriculture or animal waste, small diameter timber, salt cedar and other phreatophyte or woody vegetation removed from river basins or watersheds in New Mexico, landfill gas and anaerobically digested waste biomass; but
(3) does not include electric energy generated by use of fossil fuel or nuclear energy; and
J. "storage" means energy storage technologies that convert, store and return electricity to help alleviate disparities between electricity supply and demand, to facilitate the dispatching of electricity or to increase economic return on the sale of electricity.
History:
Laws 2007, ch. 3, § 2.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 2 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-5 - Renewable energy transmission bonds; appropriation of proceeds.

A. The authority is authorized to issue and sell revenue bonds, known as "renewable energy transmission bonds", payable solely from the renewable energy transmission bonding fund, in compliance with the New Mexico Renewable Energy Transmission Authority Act, for the purpose of entering into a project when the authority determines that the project is needed.
B. The net proceeds from the bonds are appropriated to the authority for the purpose of financing or acquiring eligible facilities.
History:
Laws 2007, ch. 3, § 5.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 5 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-7 - Authority to refund bonds.

The authority may issue and sell at public or private sale bonds to refund outstanding renewable energy transmission bonds by exchange, immediate or prospective redemption, cancellation or escrow, including the escrow of debt service funds accumulated for payment of outstanding bonds, or any combination thereof, when, in its opinion, such action will be beneficial to the state.
History:
Laws 2007, ch. 3, § 7.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 7 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-8 - Renewable energy transmission bonds; form; execution.

A. The authority, except as otherwise specifically provided in the New Mexico Renewable Energy Transmission Authority Act, shall determine at its discretion the terms, covenants and conditions of the bonds, including, but not limited to, date of issue, denominations, maturities, rate or rates of interest, call features, call premiums, registration, refundability and other covenants covering the general and technical aspects of the issuance of the bonds.
B. The bonds shall be in such form as the authority may determine, and successive issues shall be identified by alphabetical, numerical or other proper series designation.
C. Bonds shall be signed and attested by the executive director of the authority and shall be executed with the facsimile signature of the chair of the authority and the facsimile seal of the authority, except for bonds issued in book entry or similar form without the delivery of physical securities. Any interest coupons attached to the bonds shall bear the facsimile signature of the executive director of the authority, which officer, by the execution of the bonds, shall adopt as the executive director's own signature the facsimile thereof appearing on the coupons. Except for bonds issued in book entry or similar form without the delivery of physical securities, the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978] shall apply, and the authority shall determine the manual signature to be affixed on the bonds.
History:
Laws 2007, ch. 3, § 8.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 8 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-9 - Procedure for sale of renewable energy transmission bonds.

A. Bonds shall be sold by the authority at such times and in such manner as the authority may elect, either at private sale for a negotiated price or to the highest bidder at public sale for cash at par, above par or below par and accrued interest.
B. In connection with any public sale of the bonds, the authority shall publish a notice of the time and place of sale in a newspaper of general circulation in the state and also in a recognized financial journal outside the state. The publication shall be made once each week for two consecutive weeks prior to the date fixed for such sale, the last publication to be two business days prior to the date of sale. The notice shall specify the amount, denomination, maturity and description of the bonds to be offered for sale and the place, day and hour at which sealed bids therefor shall be received. All bids, except those of the state, shall be accompanied by a deposit of two percent of the principal amount of the bonds. Deposits of unsuccessful bidders shall be returned upon rejection of the bid. At the time and place specified in such notice, the authority shall open the bids in public and shall award the bonds, or any part thereof, to the bidder or bidders offering the best price. The authority may reject any or all bids and readvertise.
C. The authority may sell a bond issue, or any part thereof, to the state or to one or more investment bankers or institutional investors at private sale.
History:
Laws 2007, ch. 3, § 9; 2011, ch. 33, § 3.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, authorized bonds to be sold at par, above par, or below par.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-10 - New Mexico renewable energy transmission authority act is full authority for issuance of bonds; bonds are legal investments.

A. The New Mexico Renewable Energy Transmission Authority Act is, without reference to any other act of the legislature, full authority for the issuance and sale of renewable energy transmission bonds, which bonds shall have all the qualities of investment securities under the Uniform Commercial Code [Chapter 55 NMSA 1978] and shall not be invalid for any irregularity or defect or be contestable in the hands of bona fide purchasers or holders thereof for value.
B. The bonds are legal investments for any person or board charged with the investment of any public funds and are acceptable as security for any deposit of public money.
History:
Laws 2007, ch. 3, § 10.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 10 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-11 - Suit may be brought to compel performance of officers.

Any holder of bonds or any person or officer being a party in interest may sue to enforce and compel the performance of the provisions of the New Mexico Renewable Energy Transmission Authority Act.
History:
Laws 2007, ch. 3, § 11.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 11 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-12 - Renewable energy transmission bonds tax exempt.

All renewable energy transmission bonds are exempt from taxation by the state or any of its political subdivisions.
History:
Laws 2007, ch. 3, § 12.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 12 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-13 - Renewable energy transmission authority operational fund.

The "renewable energy transmission authority operational fund" is created in the authority. The fund shall consist of money appropriated and transferred to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the authority for the purpose of carrying out the provisions of the New Mexico Renewable Energy Transmission Authority Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. The authority is authorized to establish procedures required to administer the fund in accordance with the New Mexico Renewable Energy Transmission Authority Act and state law.
History:
Laws 2007, ch. 3, § 13; 2011, ch. 33, § 4.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, eliminated the requirement that disbursement of funds be made on warrants drawn by the secretary of finance and administration, and authorized the authority to establish procedures to administer the fund.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-14 - Report to legislature.

The authority shall submit a report of its activities to the governor and to the legislature not later than December 1 of each year. Each report shall set forth a complete operating and financial statement covering its operations for the previous fiscal year.
History:
Laws 2007, ch. 3, § 14.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 14 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-15 - Legislative oversight.

A. In addition to its other duties, the New Mexico finance authority oversight committee [6-21-30 NMSA 1978] shall:
(1) monitor and oversee the operation of the authority;
(2) meet on a regular basis to receive and review reports from the authority on implementation of the provisions of the New Mexico Renewable Energy Transmission Authority Act and to review rules proposed for adoption pursuant to that act;
(3) review and provide assistance and advice to the authority before the authority enters into a project;
(4) undertake an ongoing examination of the statutes, constitutional provisions, regulations and court decisions governing energy transmission and renewable energy development; and
(5) report its findings and recommendations, including recommended legislation or necessary changes, to the governor, to the public regulation commission and to each session of the legislature. The report and proposed legislation shall be made available on or before December 15 of each year.
B. Once each calendar quarter, the authority shall report to the legislative finance committee on all expenditures made and activities conducted in the fiscal year to date pursuant to the provisions of the New Mexico Renewable Energy Transmission Authority Act.
History:
Laws 2007, ch. 3, § 15.
ANNOTATIONS
Effective date.
— Laws 2007, ch. 3, § 19 made Laws 2007, ch. 3, § 15 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16A - New Mexico Renewable Energy Transmission Authority Act › Section 62-16A-16 - Proprietary information.

Information obtained by the authority that is proprietary technical or business information shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]. Proprietary confidential information includes power purchase agreements, costs of production, costs of transmission, transmission service agreements, credit reviews, detailed power models and financing statements.
History:
Laws 2011, ch. 33, § 5.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 33, § 6 made Laws 2011, ch. 33, § 5 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16B - Community Solar › Section 62-16B-1 - Short title.

Sections 1 through 9 [8] [62-16B-1 to 62-16B-8 NMSA 1978] of this act may be cited as the "Community Solar Act."
History:
Laws 2021, ch. 34, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material "[8]", was inserted by the compiler to correct a typographical error and is not part of the law.
Effective dates.
— Laws 2021, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16B - Community Solar › Section 62-16B-3 - Community solar facility requirements.

A. A community solar facility shall:
(1) have a nameplate capacity rating of five megawatts alternating current or less;
(2) be located in the service territory of the qualifying utility and be interconnected to the electric distribution system of that qualifying utility;
(3) have at least ten subscribers;
(4) have the option to be co-located with other energy resources, but shall not be co-located with other community solar facilities;
(5) not allow a single subscriber to be allocated more than forty percent of the generating capacity of the facility; and
(6) make at least forty percent of the total generating capacity of a community solar facility available in subscriptions of twenty-five kilowatts or less.
B. The provisions of this section shall not apply to a native community solar project; provided that a native community solar project shall be located in the service territory of a qualifying utility and be interconnected to the electric distribution system of that qualifying utility.
History:
Laws 2021, ch. 34, § 3.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16B - Community Solar › Section 62-16B-4 - Ownership of community solar facilities.

A. A community solar facility shall be owned or operated by a subscriber organization.
B. Third-party entities or subscriber organizations developing projects on the land of an Indian nation, tribe, or pueblo are subject to tribal jurisdiction.
C. Notwithstanding any provision of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] to the contrary, a person not otherwise a public utility shall not be deemed to be a public utility subject to the provisions of the Public Utility Act solely because the person owns, controls or operates all or any part of a community solar facility.
History:
Laws 2021, ch. 34, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16B - Community Solar › Section 62-16B-5 - Subscription requirements.

A. A subscription shall be:
(1) sized to supply no more than one hundred percent of the subscriber's average annual electricity consumption; and
(2) transferable and portable within the qualifying utility service territory.
B. The provisions of this section shall not apply to a native community solar project; provided that subscriptions to a native community solar project shall be transferable and portable within the qualifying utility service territory.
History:
Laws 2021, ch. 34, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16B - Community Solar › Section 62-16B-6 - Community solar program administration.

A. A qualifying utility shall:
(1) acquire the entire output of a community solar facility connected to its distribution system;
(2) apply community solar bill credits to subscriber bills within one billing cycle following the cycle during which the energy was generated by the community solar facility;
(3) provide community solar bill credits to a community solar facility's subscribers for not less than twenty-five years from the date the community solar facility is first interconnected;
(4) carry over any amount of a community solar bill credit that exceeds the subscriber's monthly bill and apply it to the subscriber's next monthly bill unless and until the subscriber cancels service with the qualifying utility; and
(5) on a monthly basis and in a standardized electronic format, provide to the subscriber organization a report indicating the total value of community solar bill credits generated by the community solar facility in the prior month as well as the amount of the community solar bill credits applied to each subscriber.
B. A subscriber organization shall, on a monthly basis and in a standardized electronic format, provide to the qualifying utility a list indicating the kilowatt-hours of generation attributable to each subscriber. Subscriber lists may be updated monthly to reflect canceling subscribers and to add new subscribers.
C. If a community solar facility is not fully subscribed in a given month, the unsubscribed energy may be rolled forward on the community solar facility account for up to one year from its month of generation and allocated by the subscriber organization to subscribers at any time during that period. At the end of that period, any undistributed bill credit shall be removed, and the unsubscribed energy shall be purchased by the qualifying utility at its applicable avoided cost of energy rate as approved by the commission.
D. The environmental attributes, including renewable energy certificates, associated with a community solar facility shall be owned by the qualifying utility to whose electric distribution system the community solar facility is interconnected; provided that environmental attributes associated with a native community solar project shall be owned by the owner of the native community solar project.
E. Nothing in the Community Solar Act shall preclude an Indian nation, tribe or pueblo from using financial mechanisms other than subscription models, including virtual and aggregate net-metering, for native community solar projects.
History:
Laws 2021, ch. 34, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 16B - Community Solar › Section 62-16B-8 - Rural electric distribution cooperatives.

A rural electric distribution cooperative may opt in to the community solar program and provide interconnection and retail electric services to community solar developments on a per-project or system-wide basis within its service territory. The decision of a rural electric distribution cooperative to opt in to the community solar program shall be in the sole discretion of the cooperative's governing board.
History:
Laws 2021, ch. 34, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-1 - Short title.

Chapter 62, Article 17 NMSA 1978 may be cited as the "Efficient Use of Energy Act".
History:
Laws 2005, ch. 341, § 1; 2007, ch. 4, § 12.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the reference from "Sections 1 through 11 of this act" to "Chapter 62, Article 17 NMSA 1978".
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-2 - Repealed.

History:
Laws 2005, ch. 341, § 2; 2008, ch. 24, § 3; repealed by Laws 2019, ch. 202, § 4.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 202, § 4 repealed 62-17-2 NMSA 1978, as enacted by Laws 2005, ch. 341, § 2, relating to findings, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-3 - Policy.

It is the policy of the Efficient Use of Energy Act that public utilities, distribution cooperative utilities and municipal utilities include all cost-effective energy efficiency and load management programs in their energy resource portfolios, that regulatory disincentives to public utility development of cost-effective energy efficiency and load management be removed in a manner that balances the public interest, consumers' interests and investors' interests and that the commission provide public utilities an opportunity to earn a profit on cost-effective energy efficiency and load management resources that, with satisfactory program performance, is financially more attractive to the utility than supply-side resources.
History:
Laws 2005, ch. 341, § 3; 2008, ch. 24, § 4.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, provided that utilities may be permitted to earn a profit on cost-effective energy efficiency and load management resources that are financially more attractive than supply-side resources.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-7 - Alternative energy efficiency provider.

With a public utility's consent, the commission may allow for an alternative entity to provide ratepayer-funded energy efficiency and load management to customers of that public utility.
History:
Laws 2005, ch. 341, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 341, § 13 made Laws 2005, ch. 341, § 7 effective April 7, 2005.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-8 - Measurement and verification.

A. A public utility shall submit to the commission an annual report that provides information relating to the actions taken by the public utility to comply with the standards of the Efficient Use of Energy Act. The report shall include documentation of program expenditures, customer participation levels, estimated energy savings, demand reductions and customer monetary savings resulting from programs, evaluation of the cost-effectiveness of expenditures, evaluation of the cost-effectiveness of self-directed programs, a qualitative assessment of program effectiveness and any other information the commission may require pursuant to its rulemaking authority.
B. At least every three years, a public utility shall submit to the commission a comprehensive measurement, verification and program evaluation report prepared by an independent program evaluator. In preparing the report, the independent program evaluator shall measure and verify energy and demand savings, determine cost-effectiveness of the programs, assess the performance of the public utility in implementing energy efficiency and load management programs and, as appropriate, provide recommendations on how program performance can be improved.
C. The commission may direct a public utility to modify or terminate a particular energy efficiency or load management program if, after an adequate period for implementation of the program, the commission determines the program is not sufficiently meeting its goals and purposes. Termination of a program or programs shall be accomplished in a manner that allows the utility to fully recover its reasonable and prudent program costs.
History:
Laws 2005, ch. 341, § 8; 2008, ch. 24, § 8.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, in Subsection A, provided that the report shall include customer participation levels, estimated energy savings, demand reductions and customer savings and a qualitative assessment program and added Subsection B.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-9 - Self-directed programs for customers; exemptions.

A. A large customer shall receive approval for a credit for and equal to the expenditures that customer has made at its facilities on and after January 1, 2005 toward cost-effective energy efficiency and load management. To receive approval, the large customer must demonstrate to the reasonable satisfaction of the utility or self-direct program administrator that its expenditures are cost-effective. Once approved, the credit may be used to offset up to seventy percent of the tariff rider authorized by the Efficient Use of Energy Act until the credit is exhausted. Eligible expenditures shall have a simple payback period of more than one year but less than seven years. Projects that have received rebates, financial support or other substantial program support from a utility are not eligible for a credit.
B. A large customer shall receive approval for an exemption to paying seventy percent of the tariff rider if the customer demonstrates to the reasonable satisfaction of the utility or self-direct program administrator that it has exhausted all cost-effective energy efficiency measures at its facility. As used in this section, "cost-effective" means all measures with a simple payback period of more than one year but less than seven years.
C. Large customers shall seek and receive approval for credits and exemptions under this provision from the utility or a commission-approved self-direct program administrator. Approvals or disapprovals by the utility or administrator shall be subject to commission review. Any credit not fully utilized in the year it is received shall carry over to subsequent years. Implementation of credits shall be designed to minimize utility administrative costs.
D. Except as otherwise provided in this section, projects, expenditures and exemptions under this section shall be evaluated by an independent program evaluator using the same measurement and verification standards applying to utility programs, subject to appropriate protections for confidentiality, by the utility or a commission-approved self-direct program administrator and reported in the annual report to the commission pursuant to the Efficient Use of Energy Act.
History:
Laws 2005, ch. 341, § 9.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 341, § 13 made Laws 2005, ch. 341, § 9 effective April 7, 2005.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17 - Efficient Use of Energy › Section 62-17-11 - Distribution cooperative utilities.

A. Distribution cooperative utilities shall periodically examine the potential to assist their customers in reducing energy consumption or peak electricity demand in a cost-effective manner. Based on these studies, by January 1, 2009, distribution cooperative utilities shall establish energy efficiency and load management targets and begin to implement cost-effective energy efficiency and load management programs that are economically feasible and practical for their members and customers. Approval for such programs shall reside with the governing body of each distribution cooperative utility and not with the commission.
B. Each distribution cooperative utility shall file with the commission concurrently with its annual report, a report that describes all of the distribution cooperative utility's programs or measures that promote energy efficiency, conservation or load management. The report shall set forth the costs of each of the programs or measures for the previous calendar year and the resulting effect on the consumption of electricity. In offering or implementing energy efficiency, conservation or load management programs, a distribution cooperative utility shall attempt to minimize any cross-subsidies between customer classes.
C. Each distribution cooperative utility shall include in the report required by Subsection B of this section a description of all programs or measures to promote energy efficiency, conservation or load management that are planned and the anticipated date for implementation.
D. Costs resulting from programs or measures to promote energy efficiency, conservation or load management may be recovered by the distribution cooperative utility through its general rates. In requesting approval to recover such costs in general rates, the distribution cooperative utility may elect to use the procedure set forth in Subsection G of Section 62-8-7 NMSA 1978.
History:
Laws 2005, ch. 341, § 11; 2008, ch. 24, § 9.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, required distribution cooperative utilities to establish energy efficiency and load management targets and to implement programs by January 1, 2009.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17A - Community Energy Efficiency Development Block Grant › Section 62-17A-1 - Short title.

This act [62-17A-1 to 62-17A-7 NMSA 1978] may be cited as the "Community Energy Efficiency Development Block Grant Act".
History:
Laws 2022, ch. 10, § 1.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 10 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17A - Community Energy Efficiency Development Block Grant › Section 62-17A-3 - Community energy efficiency development block grant; program created; rulemaking; report to legislature.

A. The "community energy efficiency development program" is created and shall be administered by the division.
B. If state or federal funds have been deposited into the community energy efficiency block grant fund, the department shall:
(1) adopt rules to:
(a) administer the community energy efficiency development program;
(b) restrict eligibility for certain funds, if required by the entity that provided the funding to the program;
(c) govern the acceptance, evaluation and prioritization of applications submitted by qualified entities for grants made pursuant to the Community Energy Efficiency Development Block Grant Act;
(d) determine whether the status of a person or household is low-income; and
(e) assess whether the value, rent or estimated mortgage of residential housing is affordable to low-income persons;
(2) solicit, review and prioritize community energy efficiency project applications;
(3) make grants for community energy efficiency projects from the community energy efficiency development block grant fund; and
(4) approve and enter into contracts with grantees to implement selected community energy efficiency projects; provided that the contracts shall include project performance measures, penalties or other provisions that ensure the successful completion of the projects in accordance with Article 9, Section 14 of the constitution of New Mexico and shall require reporting on project performance, energy savings and non-energy benefits resulting from the energy efficiency measures.
C. The department shall not be required to carry out the responsibilities in Subsection B of this section in any year that there are insufficient funds available for making grants in the community energy efficiency block grant fund.
D. In a year in which state or federal funds have been deposited into the community energy efficiency block grant fund or in which a community energy efficiency project is in operation, the department and the New Mexico mortgage finance authority shall coordinate the work done in the state to implement energy efficiency measures.
E. By November 1 of each year in which a community energy efficiency project is in operation, the department shall provide to the interim legislative committee that addresses the status of the development of energy efficiency measures and programs a report on the status of participation in the community energy efficiency development program by people in underserved communities, the types of projects funded by grants made through the program and any recommended changes with respect to the program.
History:
Laws 2022, ch. 10, § 3.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 10 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17A - Community Energy Efficiency Development Block Grant › Section 62-17A-5 - Required grant of authority.

A. The Community Energy Efficiency Development Block Grant Act is enacted to allow the state, a county or a municipality to provide or pay the costs of financing infrastructure necessary to support affordable housing projects as provided by Article 9, Section 14 of the constitution of New Mexico.
B. Prior to the department's final approval of an application for a grant pursuant to the Community Energy Efficiency Development Block Grant Act, an applicant that is a county or a municipality shall provide the department with a copy of the ordinance enacted by the county or municipality that provides the county's or municipality's formal approval for a specific community energy efficiency development block grant and includes in the ordinance the terms and conditions of the grant approved by the department. The department shall not approve an application for a community energy efficiency project if the county or municipality fails to enact an ordinance that gives formal approval for the terms and conditions approved by the department for the community energy efficiency development block grant and includes in the ordinance those exact terms and conditions.
C. Prior to the department's final approval of an application for a grant pursuant to the Community Energy Efficiency Development Block Grant Act, an applicant that is an Indian nation, tribe or pueblo shall provide the department with a copy of a resolution enacted by the Indian nation, tribe or pueblo that provides the Indian nation's, tribe's or pueblo's formal approval for a specific community energy efficiency development block grant and includes in the ordinance the terms and conditions of the grant approved by the department. The department shall not approve an application for a community energy efficiency project if the Indian nation, tribe or pueblo fails to enact a resolution that gives formal approval for the terms and conditions approved by the department for the community energy efficiency development block grant and includes in the resolution those exact terms and conditions.
D. Prior to the department's final approval of an application from the New Mexico mortgage finance authority for a grant pursuant to the Community Energy Efficiency Development Block Grant Act, the New Mexico mortgage finance authority shall provide the department with formal approval of the New Mexico mortgage finance authority to accept a specific community energy efficiency development block grant.
History:
Laws 2022, ch. 10, § 5.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 10 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17A - Community Energy Efficiency Development Block Grant › Section 62-17A-6 - Selection of community energy efficiency projects.

A. When reviewing and selecting community energy efficiency projects for grants from the community energy efficiency development block grant fund, the department shall consider:
(1) the estimated reduction in energy use from the project;
(2) the geographic diversity of the portfolio of community energy efficiency projects to be approved by the department;
(3) the experience of each community partner or service provider identified in the application in working with the targeted underserved community;
(4) whether the application includes a commitment by a service provider or community partner to employ apprentices from a registered apprenticeship program that promotes diversity or to provide paid internships to persons from the targeted underserved communities;
(5) the value of the project as a demonstration project to provide data for the effectiveness of implementing similar projects elsewhere; and
(6) the degree to which the project benefits an underserved community, including any non-energy benefits and health benefits provided by the project.
B. Provided that the criteria are published in the project solicitation, the department may further consider in its review and selection of community energy efficiency projects:
(1) the degree to which the project will protect public health, including protecting underserved communities from a public health threat such as the coronavirus disease 2019;
(2) the degree to which the project will contribute to economic recovery, including from the coronavirus disease 2019 pandemic; or
(3) the degree to which the project will reduce economic hardship of individual families due to the coronavirus disease 2019 pandemic.
C. In considering an application from the New Mexico mortgage finance authority, the department shall consider whether full or partial funding of the New Mexico mortgage finance authority application would:
(1) promote geographic diversity of the portfolio of community energy efficiency projects;
(2) reduce the energy burden of low-income persons, within or outside of underserved communities, who would not be likely to otherwise receive energy efficiency improvements through other state programs; or
(3) help create a portfolio of community energy efficiency projects that would best meet the goals of the Community Energy Efficiency Development Block Grant Act.
History:
Laws 2022, ch. 10, § 6.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 10 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 17A - Community Energy Efficiency Development Block Grant › Section 62-17A-7 - Community energy efficiency development block grant fund created; administration.

A. The "community energy efficiency development block grant fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations to the fund, federal funding for purposes consistent with the fund and income from investment of the fund; provided that federal funding allocated to the state for the federal weatherization assistance program pursuant to 42 U.S.C. Section 6863 or the federal low income home energy assistance program pursuant to 42 U.S.C. Sections 8621 through 8630 shall not be deposited in the fund without the written approval of the appropriate federal agency and the New Mexico mortgage finance authority. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.
B. Money in the fund is subject to appropriation by the legislature to the department to carry out the purposes of the Community Energy Efficiency Development Block Grant Act, including the administrative costs of the department; provided that money in the fund that is derived from the federal government may be expended by the department without legislative authorization for any purpose that is consistent with the goal of reducing the energy burden of low-income persons or underserved communities as otherwise allowed by law, including carrying out the community energy efficiency development block grant program and the administrative costs of the department.
History:
Laws 2022, ch. 10, § 7.
ANNOTATIONS
Cross references.
— For the federal low-income home energy assistance program
see
42 U.S.C.
Effective dates.
— Laws 2022, ch. 10 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-1 - Short title.

Sections 1 through 23 [62-18-1 to 62-18-23 NMSA 1978] of this act may be cited as the "Energy Transition Act".
History:
Laws 2019, ch. 65, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-3 - Location of resource development after abandonment.

A. For a qualifying utility that abandons a qualifying generating facility in New Mexico prior to January 1, 2023, the qualifying utility shall, no later than one year after approval of the abandonment, apply for commission approval of competitively procured replacement resources. As part of that competitive procurement, and in addition to the criteria set forth in Subsections B and C of this section, projects shall be ranked based on their cost, economic development opportunity and ability to provide jobs with comparable pay and benefits to those lost due to the abandonment of a qualifying generating facility. The qualitative and quantitative data and analysis used to establish the ranking shall be available for review by parties to the commission proceeding.
B. In determining whether to approve replacement resources, the commission shall prefer resources with the least environmental impacts, those with higher ratios of capital costs to fuel costs and those able to reduce the cost of reclamation and use for lands previously mined within the county of the qualifying generating facility.
C. In considering responses to requests for proposals for replacement resources pursuant to this section, a qualifying utility shall inform prospective bidders that it promotes and encourages the use of workers residing in New Mexico to the greatest extent practicable and shall take that use into consideration in evaluating proposals.
D. The commission shall grant all necessary approvals for replacement resources; provided that the commission may determine that the particular resource proposed by the qualifying utility should not be approved and that, instead, an alternative replacement resource that meets the conditions of this section should be approved. The commission shall not disallow recovery of reasonable costs associated with requirements as to where the resources are located.
E. Replacement resources shall be subject to local property taxes or a binding commitment to make an equivalent payment in lieu of taxes.
F. As used in this section, "replacement resources" means up to four hundred fifty megawatts of nameplate capacity identified by the qualifying utility as replacement for a qualifying generating facility, and may include energy storage capacity; provided that such resources are located in the school district in New Mexico where the abandoned facility is located, are necessary to maintain reliable service and are in the public interest as determined by the commission.
History:
Laws 2019, ch. 65, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-7 - Financing order; irrevocability; amendments.

A. A financing order is irrevocable and the commission shall not reduce, impair, postpone or terminate the energy transition charges approved in the financing order, the energy transition property or the collection or recovery of energy transition revenues.
B. Subject to the limitation provided in Subsection A of this section, a financing order may be amended at the request of the qualifying utility to commence a proceeding and issue an amended financing order that:
(1) provides for refinancing, retiring or refunding all or a portion of an outstanding series of energy transition bonds issued pursuant to the original financing order; provided that the commission includes in the amended financing order the findings and requirements specified in Section 5 [62-18-5 NMSA 1978] of the Energy Transition Act; or
(2) adjusts the amount of energy transition costs to be financed by energy transition bonds that have not yet been issued to reflect updated estimated or actual costs that differ from costs estimated at the time of the initial financing order or to correct any errors.
C. The commission shall issue an order granting or denying the proposed amended financing order within thirty days of the filing of the request by the qualifying utility. No change in the credit rating of a qualifying utility from the credit rating at the time of issuance of a financing order shall impair the irrevocability of a financing order.
History:
Laws 2019, ch. 65, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.