Chapter 62 — Chapter 62

A trustee shall perform his duties as a trustee, including his duties as a member of any committee of the board upon which the trustee may serve, in good faith, in a manner the trustee believes to be in or not opposed to the best interests of the cooperative and with such care as…

trustees. A. Cumulative to any other provision of the Rural Electric Cooperative Act as now or hereafter enacted, the bylaws of a cooperative may provide that a trustee shall not be personally liable to the cooperative or to its members for monetary damages for breach of fiduciar…

Chapter 62, Article 16 NMSA 1978 may be cited as the "Renewable Energy Act". History: Laws 2004, ch. 65, § 1; 2007, ch. 4, § 5.

Renewable energy procured or generated by a public utility to comply with a federal law, rule or regulation may be used to satisfy the required procurements of the Renewable Energy Act. History: Laws 2004, ch. 65, § 10; 2019, ch. 65, § 35.

A. The legislature finds that: (1) the generation of electricity through the use of renewable energy presents opportunities to promote energy self-sufficiency, preserve the state's natural resources and pursue an improved environment in New Mexico; (2) the use of renewable energy…

As used in the Renewable Energy Act: A. "commission" means the public regulation commission; B. "energy storage" means batteries or other means by which energy can be retained and delivered as electricity for use at a later time; C. "municipality" means a municipal corporation, o…

A. A public utility shall meet the renewable portfolio standard requirements, as provided in this section, to include renewable energy in its electric energy supply portfolio as demonstrated by its retirement of renewable energy certificates; provided that the associated renewabl…

A. The commission shall establish: (1) a system of renewable energy certificates that can be used by a public utility to establish compliance with the renewable portfolio standard and that may include certificates that are monitored, accounted for or transferred by or through a r…

A. A public utility that procures or generates renewable energy shall recover, through the rate-making process, the reasonable costs of complying with the renewable portfolio standard. Costs that are consistent with commission approval of procurement plans or transitional procure…

A. The commission: (1) shall adopt rules regarding the renewable portfolio standard, including a provision for public utility records and reports; and (2) may require that a public utility offer its retail customers a voluntary program for purchasing renewable energy that is in a…

A. The commission may require that a rural electric cooperative: (1) offer its retail customers a voluntary program for purchasing renewable energy under rates and terms that are approved by the commission; (2) report to the commission the demand for renewable energy pursuant to …

The commission shall promulgate rules to implement the provisions of the Renewable Energy Act. History: Laws 2004, ch. 65, § 9; 2019, ch. 65, § 34.

Chapter 62, Article 16A NMSA 1978 may be cited as the "New Mexico Renewable Energy Transmission Authority Act". History: Laws 2007, ch. 3, § 1; 2011, ch. 33, § 1.

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, whic…

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.

All renewable energy transmission bonds are exempt from taxation by the state or any of its political subdivisions. History: Laws 2007, ch. 3, § 12.

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…

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, …

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 provis…

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 …

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 ener…

created; organization. A. The "New Mexico renewable energy transmission authority" is created as a public body, politic and corporate, separate and apart from the state, constituting a governmental instrumentality for the performance of essential public functions. B. The authorit…

A. The authority shall: (1) do any and all things necessary or proper to accomplish the purposes of the New Mexico Renewable Energy Transmission Authority Act; (2) hire an executive director and such other employees or other agents as it deems necessary for the performance of its…

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 pur…

money in the fund pledged. A. The "renewable energy transmission bonding fund" is created in the authority. The fund shall consist of revenues received by the authority from operating or leasing eligible facilities, fees and service charges collected and, if the authority has pro…

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 b…

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, …

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 an…

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.

As used in the Community Solar Act: A. "commission" means the public regulation commission; B. "community solar bill credit" means the credit value of the electricity generated by a community solar facility and allocated to a subscriber to offset the subscriber's electricity bill…

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) hav…

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…

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 n…

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 co…

rulemaking. A. The commission shall administer and enforce the rules and provisions of the Community Solar Act, including regulation of subscriber organizations in accordance with the Community Solar Act and oversight and review of the consumer protections established for the com…

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 distri…

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.

Pursuant to the commission's rulemaking authority, public utilities supplying electric or natural gas service to customers shall periodically file an integrated resource plan with the commission. Utility integrated resource plans shall evaluate renewable energy, energy efficiency…

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 est…

A. Persons located within the state may receive electricity service using a qualified microgrid that may also deliver electricity to equipment, lines and facilities operated by an electric public utility; provided that the person and the electric public utility enter into an elec…

History: Laws 2005, ch. 341, § 2; 2008, ch. 24, § 3; repealed by Laws 2019, ch. 202, § 4.

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 pu…

As used in the Efficient Use of Energy Act: A. "achievable" means those energy efficiency or load management resources available to the utility using its best efforts; B. "advanced conductor" means a conductor that has a direct current electrical resistance at least ten percent l…

management programs; disincentives. A. Pursuant to the findings and purpose of the Efficient Use of Energy Act, the commission shall consider public utility acquisition of cost-effective energy efficiency and load management resources to be in the public interest. B. The commissi…

A. A public utility that undertakes cost-effective energy efficiency and load management programs shall have the option of recovering its prudent and reasonable costs along with commission-approved incentives for demand-side resources and load management programs implemented afte…

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.

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, custo…

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…

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.

As used in the Community Energy Efficiency Development Block Grant Act: A. "affordable housing" means residential housing primarily for low-income persons, including housing currently occupied by low-income persons or housing that is affordable to low-income persons based on asse…