New Mexico Administrative Code

This rule shall be liberally construed to carry out its intended purposes. If any provision of this rule, or the application thereof to any person or circumstance, is held invalid, the remainder of the rule, or the application of such provision to other persons or circumstances, …

Unless otherwise specified, this rule does not supersede any other rule of the commission but supplements rules applying to public utilities.

New Mexico Public Regulation Commission.

A. A community solar facility, excepting any native community solar project, 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 distribu…

A. The statewide capacity program cap, effective November 1, 2024, is 300 megawatts alternating current. This cap does not apply to applications and projects that have been processed in the commission's initial application selection process as such applications and projects remai…

A. The commission will engage a third-party administrator to manage an unbiased and nondiscriminatory process for selection of proposed projects for building and operating community solar facilities. The commission will have no involvement in the process except to the extent that…

A. The commission may determine on a case-by-case basis whether the cost of distribution system upgrades necessary to interconnect one or more community solar facilities may be eligible for some form of cost-sharing:(1) among subscriber organizations using the same distribution f…

A. The commission will issue a registration form that each subscriber organization shall file with the commission, that includes ownership and contact information, non-profit registration, or proof of certification to operate in New Mexico, and a general description of the projec…

A. Low-income customers who are eligible to meet the thirty percent carve out of Paragraph (3) of Subsection B of Section 62-16B-7 NMSA 1978 may be pre-qualified based on participation in any of the following programs: (1) medicaid; (2) Supplemental Nutrition Assistance Program (…

A. The commission has adopted a uniform disclosure form, identifying the information to be provided by subscriber organizations to potential subscribers, in both English and Spanish, and when appropriate, native or indigenous languages, to ensure fair disclosure of future costs a…

Each subscriber organization shall develop and implement a written subscriber agreement containing the organization's terms and conditions for subscribing to its project. A. The subscriber agreement must include the following terms, at a minimum: (1) general project information; …

As long as a community solar facility is not located on the same parcel as another community solar facility, it shall not be considered co-located with another community solar facility. For any parcel that has been subdivided in the two years prior to a community solar project bi…

A. The subscriber organization shall pay for a production meter to be used to measure the amount of electricity and renewable energy certificates generated by each community solar facility, whether installed by the utility or the subscriber organization. A net meter may serve as …

This rule applies to investor-owned electric utilities subject to the commission's jurisdiction and to rural electric distribution cooperatives that opt into the community solar program. This rule also applies to subscriber organizations and subscribers as defined in the Communit…

A. In calculating the solar bill credit rate, the utility shall calculate the total aggregate retail rate on a per-customer-class basis, less the commission-approved distribution cost components, and identify all proposed rules, fees and other charges converted to a kilowatt-hour…

A. 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…

On April 1, 2023 and April 1, 2024, qualifying utilities and subscriber organizations shall provide information to the commission relevant to the report to the legislature due on November 1, 2024. The commission will issue specific information requests no later than 45 days befor…

Paragraph (10) of Subsection B of Section 62-19-9 and Section 62-16B-7 NMSA 1978.

Permanent, unless otherwise indicated.

July 12, 2022, unless a later date is cited at the end of a section.

The objectives of this rule are to implement the Community Solar Act, Section 62-16B-1 et seq. NMSA 1978, and to reasonably allow for the creation, financing and accessibility of community solar facilities.

If any part or application of this rule is held invalid, the remainder of its parts and any other applications of the rule shall not be affected.

Utilities shall file all tariffs, agreements and forms necessary for implementation of the community solar program with the commission within 60 days of the effective date of this rule.

New Mexico Public Regulation Commission.

This rule shall be liberally construed to carry out its intended purposes.

A. In accordance with the filing schedule provided in 17.9.574.12 NMAC, a public utility shall file with the commission an application for approval of a proposed three-year plan to expand transportation electrification in the utility's service area. The three-year plan may includ…

A. Public service company of New Mexico shall file its application by June 1, 2023, and every three years thereafter following by the same date. El paso electric company shall file its application by July 1, 2023, and every three years thereafter following by the same date. South…

A. Each public utility shall file an annual progress report of its progress in meeting the requirements and goals of its TEP. Public service company of New Mexico shall file its first annual progress report by June 1, 2024, and shall file annually thereafter by June 1st. El paso …

A. A public utility shall be granted budget flexibility between programs in its TEP to shift up to twenty percent of a program's budget to another program. (1) Inter-program budget flexibility may not be used to shift funding from a dedicated low-income program to: (a) a program …

A. The commission, upon its own motion, may issue, or any interested person, may file an application for, an exemption or a variance from the requirements of this rule. B. An exemption or variance motion or application shall:(1) identify the section of this rule for which the exe…

This rule applies to all investor-owned electric utilities under the commission's jurisdiction.

Paragraph (10) of Subsection B of Section 62-19-9 NMSA 1978 and Section 62-8-12 NMSA 1978.

Permanent.

February 14, 2023, unless a later date is cited at the end of a section.

The purpose of this rule is to implement Section 62-8-12 NMSA 1978, applications to expand transportation electrification, and to bring to New Mexico the economic development and environmental benefits of expanded electrification of the State's transportation modalities and trans…

Unless otherwise specified, as used in this rule: A. Definitions beginning with "A": [RESERVED] B. Definitions beginning with "B": [RESERVED] C. Definitions beginning with "C": "charging station" means any publicly available infrastructure that delivers electricity from a source …

Except as specifically provided herein, this rule does not supersede any other rule of the commission but is to be construed as a supplement to such rules.

If any part or application of this rule is held invalid, the remainder of its application shall not be affected.

Energy, Minerals and Natural Resources Department.

The division will request applications on an annual cycle that aligns with the state's fiscal year if funds are available. The division may elect to review draft applications submitted voluntarily by March 1 and provide feedback within 30 days. Review is provided as a courtesy an…

Applications for type 1 research projects made for grid modernization grant program funding shall describe a scope of work that includes: A. the proposed research question and methodology; B. a deliverables-based summary of the overall plan for the research; and C. results of any…

Applications for type 2 pre-construction design projects shall describe a scope of work that includes: A. a deliverables-based summary of the plan for the design project, including proposed operational goals for the project; B. the proposed site with maps, diagrams or images; C. …

Applications for type 3 construction projects shall describe a scope of work that includes A. a deliverables-based summary of the plan for the grid modernization installation project; B. a description of the grid modernization technology being deployed; C. a completed engineering…

A. Applicant contact information. Applicants shall include the name, title, telephone number and e-mail address for the person or persons authorized to negotiate a contract on applicant's behalf in the application. Applicants shall also include the names, titles, telephone number…

The department will score all applications based on the following criteria. A. Application completeness. The department will review the entire application to see that it satisfies all application requirements for the specific project type. The department will deny and deem non-re…

After scoring the applications received for a given fiscal year based on the application criteria, the department will rank the applications from highest to lowest score in the funding queue. The department will then pursue agreements with the highest scoring applicants first unt…