New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities

Section 62-1-2 - [Acquisition of water rights; placing of equipment over roads, highways and waters.] - Such corporations may acquire water rights for power plants or...

Section 62-1-3 - Use of highways and streets; power of county commissioners. - The boards of county commissioners of the several counties are...

Section 62-1-4 - Eminent domain; surveys; entry on property; crossing right-of-way of another corporation. - A. Corporations organized pursuant to Section 62-1-1 NMSA 1978 are...

Section 62-1-5 - [General powers.] - In addition to the powers conferred by the general incorporation...

Section 62-1-6 - Foreign municipal corporation; ownership; supervision. - A. Any municipal corporation located in another state and within...

Section 62-1-7 - [Applicability.] - That nothing in this act [62-1-6, 62-1-7 NMSA 1978] shall...

Article 2 - Incorporation and Powers of Waterworks

Section 62-2-1 - Companies for supplying water; articles of incorporation. - Any five persons who desire to form a company for...

Section 62-2-2 - [Contents of articles of incorporation.] - Such articles shall set forth: A. the full names of...

Section 62-2-3 - Filing of articles; certified copies. - A duly certified copy of the articles of incorporation executed...

Section 62-2-4 - [General powers.] - When articles of incorporation shall have been executed, acknowledged and...

Section 62-2-5 - [Additional powers.] - Corporations formed under this article for the purpose of furnishing...

Section 62-2-6 - [Directors; qualifications; election.] - The corporate powers of any corporation formed under this article...

Section 62-2-7 - [Quorum in directors' meeting.] - A majority of the whole number of directors shall form...

Section 62-2-8 - [Meetings of directors.] - The first meeting of the board of directors shall be...

Section 62-2-9 - [Transfer of shares.] - The stock of the company shall be deemed personal estate,...

Section 62-2-10 - [Subscriptions to stock; payment; notice of assessment; sale of stock.] - The directors shall have power to call in and demand...

Section 62-2-11 - [Increase or decrease of capital stock.] - The capital stock of any such corporation may be increased...

Section 62-2-12 - [Commencement of business within one year.] - If any corporation formed under this article shall not organize...

Section 62-2-13 - [Voluntary dissolution.] - Any corporation formed under this article or formed under any...

Section 62-2-14 - [Powers of directors after dissolution.] - Upon the dissolution of any corporation, the directors at the...

Section 62-2-15 - [Borrowing money; bonds; mortgages.] - Corporations formed under this article shall have power to borrow...

Section 62-2-16 - Eminent domain. - Corporations formed pursuant to Sections 62-2-1 through 62-2-22 NMSA 1978...

Section 62-2-17 - [Construction of works; eminent domain.] - Such corporations shall be authorized to construct such branch, lateral...

Section 62-2-18 - Acquiring land of minors and incapacitated persons. - Should it become necessary for any such corporation to acquire...

Section 62-2-19 - [Use of materials on state lands.] - Corporations formed under this article for the purpose of furnishing...

Section 62-2-20 - [Corporations for serving cities and towns; rights and privileges.] - All corporations which have been heretofore or may hereafter be...

Section 62-2-21 - [Corporations for serving cities and towns; laying mains in streets; service.] - Corporations formed under this article for the purpose of supplying...

Section 62-2-22 - [Irrigation companies; restrictions on use of water.] - That no incorporation of any company or companies to supply...

Article 3 - Public Utility Act; Preamble and Definitions

Section 62-3-1 - Declaration of policy. - A. Public utilities, as defined in Section 62-3-3 NMSA 1978,...

Section 62-3-2 - Objects and purposes; liberal interpretation; repeal of inconsistent statutory provisions. - A. The following are the objects and purposes of this...

Section 62-3-2.1 - Objects and purposes; liberal interpretation. - A. The following are declared to be the objects and...

Section 62-3-3 - Definitions. - Unless otherwise specified, when used in the Public Utility Act...

Section 62-3-4 - Limitations and exceptions. - A. The term "public utility" or "utility", when used in...

Section 62-3-4.1 - Certain persons not public utility. - A. Notwithstanding anything in the Public Utility Act [Chapter 62,...

Section 62-3-5 - Collection of fees by public utilities. - Any public utility that owns or operates a public water...

Article 3A - Electric Utility Industry Restructuring Act of 1999 (Repealed.)

Section 62-3A-1 to 62-3A-23 - Repealed. - Repeals. — Laws 2003, ch. 336, § 9, repealed 62-3A-1...

Article 4 - Joint Hearings and Orders

Section 62-4-1 - Joint hearings and orders. - The commission, in the discharge of its duties under the...

Article 5 - New Mexico Public Utility Commission (Repealed.)

Section 62-5-1 to 62-5-11 - Repealed. - Repeals. — Laws 1998, ch. 108, § 81 repealed 62-5-1...

Article 6 - Powers and Duties of Commission

Section 62-6-1 to 62-6-3 - Repealed. - Repeals. — Laws 1998, ch. 108, § 81 repealed 62-6-1...

Section 62-6-4 - Supervision and regulation of utilities. - A. The commission shall have general and exclusive power and...

Section 62-6-4.1 - Contract carriage. - A. The intent and purpose of this section is to...

Section 62-6-4.2 - Transition cost recovery. - A. Notwithstanding repeal of the Electric Utility Industry Restructuring Act...

Section 62-6-4.3 - Public utilities; generating plant investment, construction, acquisition and operation. - A. A public utility may invest in, construct, acquire or...

Section 62-6-4.4 - Gas and electric utilities; combined service. - A public utility that provides both electricity and natural gas...

Section 62-6-4.5 - Billing; franchise fees; gross receipts taxes. - A. A franchise fee charge shall be stated as a...

Section 62-6-5 - Local option. - Notwithstanding any of the provisions in Section 62-6-4 NMSA 1978,...

Section 62-6-6 - Issuance, assumption or guarantee of securities. - A. The power of a public utility to issue, assume...

Section 62-6-7 - Application to commission; order of commission. - Such public utility shall, by written petition filed with the...

Section 62-6-8 - Exempted securities. - A. A public utility may issue securities, other than stock...

Section 62-6-8.1 - Additional jurisdiction. - Except as provided in Subsection E of Section 62-6-6 NMSA...

Section 62-6-9 - Applications disposed of promptly. - All applications for the issuance, assumption or guarantee of securities...

Section 62-6-10 - No obligation on state. - No provision of this act, nor any act or deed...

Section 62-6-11 - Securities voidable unless approved. - All securities issued, assumed or guaranteed without application to and...

Section 62-6-12 - Acquisitions, consolidations, etc.; consent of commission. - A. With the prior express authorization of the commission, but...

Section 62-6-13 - Application; approval of commission. - Application shall be made by the interested public utility by...

Section 62-6-14 - Valuation by the commission. - A. When in the exercise of its powers and jurisdiction...

Section 62-6-15 - Contract rate with the municipality and utilities; how established. - Rates and service regulations may be established by contract between...

Section 62-6-16 - Commission may prescribe uniform accounts. - The commission may, when it deems it advisable to do...

Section 62-6-17 - Office, books and records; sanction; penalty. - A. Every utility furnishing service within the state shall maintain...

Section 62-6-18 - Utilities required to report to commission. - Every utility[,] when and as required by the commission, shall...

Section 62-6-19 - Standard of service. - A. The commission may prescribe reasonable and adequate service regulations...

Section 62-6-20 - Meter accuracy. - The commission may prescribe reasonable rules, regulations and standards to...

Section 62-6-21 - Inspection of meters and other devices for measuring public utility service. - The commission shall adopt rules, regulations and standards to secure...

Section 62-6-22 - Meters and other measuring devices; testing; fees. - Any consumer or user may have any meter or measuring...

Section 62-6-23 - Authority to enter premises. - The commission and its officers and employees of the commission...

Section 62-6-24 - Safety rules and regulations. - The commission shall have the right and is hereby empowered...

Section 62-6-25 - Electrical power grids reports; transmission of electrical power; complaint procedures. - A. The commission may require electric utilities and rural electric...

Section 62-6-26 - Economic development rates for gas and electric utilities; authorization. - A. The commission may approve or otherwise allow to become...

Section 62-6-26.1 - Rates for clean fuels used as vehicular fuels; authorization. - The commission may approve or otherwise allow to become effective...

Section 62-6-27 - Repealed. - Repeals. — Laws 1997, ch. 28, § 1 repealed 62-6-27,...

Section 62-6-28 - Clean energy investments; authorization; department of environment certification. - A. The commission shall adopt rules to allow public utilities...

Article 7 - Natural Gas Price Protection (Repealed.)

Section 62-7-1 to 62-7-10 - Repealed. - Repeals. — Laws 1984, ch. 123, § 13A, repealed 62-7-1...

Section 62-7-11 to 62-7-23 - Terminated. - Termination dates. — Laws 1984, ch. 123, § 15, terminated...

Article 8 - Duties and Restrictions Imposed Upon Public Utilities

Section 62-8-1 - Rates. - Every rate made, demanded or received by any public utility...

Section 62-8-2 - Service. - Every public utility shall furnish adequate, efficient and reasonable service....

Section 62-8-3 - Schedules. - Under such rules and regulations as the commission may prescribe,...

Section 62-8-4 - Schedules to show classifications. - Such schedules filed by every public utility shall set forth...

Section 62-8-5 - Adherence to schedules. - No public utility shall directly or indirectly, by any device...

Section 62-8-6 - Discrimination. - No public utility shall, as to rates or services, make...

Section 62-8-7 - Change in rates. - A. At any hearing involving an increase in rates or...

Section 62-8-7.1 - Hearing procedures for change of rates of small water and sewer utilities. - A. Whenever there is filed with the commission any schedule...

Section 62-8-8 - Inspection and supervision fee. - Each utility doing business in this state and subject to...

Section 62-8-9 - Disposition of funds; interest and penalty on late payments. - A. All fees and money collected under the provisions of...

Section 62-8-10 - Utility service; seriously ill individuals. - Utility service shall not be discontinued to any residence where...

Section 62-8-11 - Consumer information; disclosure prohibited. - A. A public utility, as defined pursuant to Section 62-3-3...

Section 62-8-12 - Applications to expand transportation electrification. - A. No later than January 1, 2021, and thereafter upon...

Section 62-8-13 - Application for grid modernization projects. - A. A public utility may file an application with the...

Article 9 - The Utility Franchise

Section 62-9-1 - New construction; ratemaking principles. - A. No public utility shall begin the construction or operation...

Section 62-9-1.1 - Additional authority with respect to water and sewer utilities. - A. Notwithstanding any other provision of the Public Utility Act...

Section 62-9-2 - Applications by utilities brought under the Public Utility Act. - A. Within sixty days after the effective date of this...

Section 62-9-2.1 - Applications by sewer utilities brought under the Public Utility Act. - Within six months after the effective date of these 1987...

Section 62-9-3 - Location control; limitations. - A. The legislature finds that it is in the public...

Section 62-9-3.1 - Limited regulation of certain jointly owned generation facilities. - No municipality or H class county shall hereafter begin construction...

Section 62-9-3.2 - Application for determination of right-of-way width. - A. Unless otherwise agreed to by the parties, no person...

Section 62-9-4 - Authority exercised. - A certificate of convenience and necessity shall remain in full...

Section 62-9-5 - Abandonment of service. - No utility shall abandon all or any portion of its...

Section 62-9-6 - Certificates; application; issuance. - Before any certificate may be issued under Sections 62-9-1 through...

Section 62-9-7 - Legislative declaration; voluntary service agreements. - A. The legislature declares that the existing scheme of public...

Article 10 - Hearings Before the Commission

Section 62-10-1 - Complaints as to rates, etc.; hearing by commission. - Upon a complaint made and filed by any municipality, or...

Section 62-10-2 - Other hearings by commission. - The commission may in addition to the hearings specifically provided...

Section 62-10-3 - Complaint to be filed and become commission record. - Whenever any complaint shall be made as herein provided, the...

Section 62-10-4 - Complaint and specifications, served on utility. - Whenever the commission shall determine to hold a hearing or...

Section 62-10-5 - Hearings to be public and notice of hearing to be given. - All hearings, and investigations, held or made by the commission,...

Section 62-10-6 - Separate hearings of several complaints. - When complaint is made of more than one matter or...

Section 62-10-7 - Repealed. - Repeals. — Laws 1998, ch. 108, § 81 repealed 62-10-7...

Section 62-10-8 - Process. - The commission, and each commissioner, may issue subpoenas, subpoenas duces...

Section 62-10-9 - Witnesses. - The commission and each of the commissioners, for the purposes...

Section 62-10-10 - Depositions. - The commission or any commissioner or any party to the...

Section 62-10-11 - Certified copies; evidence. - Copies of official documents and orders filed or deposited according...

Section 62-10-12 - Recording orders. - Every order, finding, authorization or certificate issued or approved by...

Section 62-10-13 - Fees. - Witnesses who are summoned before the commission shall be paid...

Section 62-10-14 - Decisions. - After the conclusion of any hearing the commission shall make...

Section 62-10-15 - Repealed. - Repeals. — Laws 1998, ch. 108, § 81 repealed 62-10-15...

Section 62-10-16 - Rehearing. - After an order or decision has been made by the...

Article 11 - Review of Commission Orders

Section 62-11-1 - Right of appeal. - Any party to any proceeding before the commission may file...

Section 62-11-2 - Notice to the commission. - Upon the filing of a notice of appeal, the appellant...

Section 62-11-3 - Appeal on the record. - The appeal shall be heard on the record made before...

Section 62-11-4 - Burden of showing that the order is unreasonable or unlawful. - The burden shall be on the party appealing to show...

Section 62-11-5 - Decision on appeal. - The supreme court shall have no power to modify the...

Section 62-11-6 - Appeals; supreme court may stay or suspend commission's order. - The pendency of an appeal shall not of itself stay...

Section 62-11-7 - Repealed. - Repeals. — Laws 1982, ch. 109, § 16, repealed 62-11-7...

Article 12 - Enforcement of Orders and Duties

Section 62-12-1 - Mandamus; injunction; utilities. - Whenever the commission shall be of the opinion that any...

Section 62-12-2 - Actions against commission. - In case the commission or its members shall undertake to...

Section 62-12-3 - Actions preferred. - All actions and proceedings under this act, and all actions...

Section 62-12-4 - Violation of orders. - Any person or corporation which violates any provision of the...

Section 62-12-5 - Separate offenses. - Every violation of the provisions of this act or of...

Section 62-12-6 - Penalties cumulative. - All penalties accruing under this act shall be cumulative, and...

Section 62-12-7 - Action to recover penalties. - Actions to recover penalties under this act shall be brought...

Article 13 - Public Utility Act Miscellaneous Provisions

Section 62-13-1 - Short title. - Articles 1 through 6 and 8 through 13 of Chapter...

Section 62-13-2 - Fees. - The commission shall collect the following fees, which shall be...

Section 62-13-2.1 - Refund of fees. - If the commission dismisses a complaint for lack of probable...

Section 62-13-3 - Costs. - A. Except as otherwise provided by law, in all proceedings...

Section 62-13-4 - Interstate commerce not affected. - Neither this act nor any provision thereof shall apply to...

Section 62-13-5 - Mortgages and deeds of trust; execution by corporations distributing electric energy, natural gas and providing telephone and telegraph services. - The provisions of Sections 62-13-5 through 62-13-7 NMSA 1978 shall...

Section 62-13-6 - [Mortgages and deeds of trust; notice of lien; after-acquired property.] - Any mortgage, deed of trust or other security instrument hereafter...

Section 62-13-7 - [Prior mortgages and deeds of trust not impaired.] - The provisions of the act [62-13-5 to 62-13-7 NMSA 1978]...

Section 62-13-8 - Filing with the secretary of state. - Any mortgage, deed of trust, security agreement or similar security...

Section 62-13-9 - Refiling instruments with any county clerk. - Any mortgage, deed of trust, security agreement or similar security...

Section 62-13-10 - Fees. - A uniform fee for filing, indexing and furnishing filing data...

Section 62-13-11 - Recording notice in office of county clerk. - If any instrument filed with the secretary of state under...

Section 62-13-12 - Effect of filing with the secretary of state; duration of filing. - The filing of an instrument with the secretary of state...

Section 62-13-12.1 - Effect of instruments previously filed. - All instruments on file with the secretary of state, the...

Section 62-13-13 - Deposits; interest. - Interest on deposits shall be set annually at a rate...

Section 62-13-13.1 - Renewable energy distributed generation facilities; owners and operators not public utilities. - A. Notwithstanding any other provision of the Public Utility Act...

Section 62-13-13.2 - Interconnected customers; utility cost recovery. - A. Upon request of an investor-owned utility in any general...

Section 62-13-13.3 - Renewable energy-related services; powers and duties of commission. - A. No later than July 1, 2011, the commission shall...

Section 62-13-14 - Prohibition against water utilities imposing additional standby charges on owners of structures containing automatic fire protection sprinkler systems. - No water utility defined as a public utility under the...

Section 62-13-15 - Appointment of receiver. - Whenever the commission determines, after notice and hearing, that a...

Section 62-13-16 - Requiring the hiring of apprentices for the construction of facilities that generate electricity. - A. The construction of New Mexico facilities that generate electricity...

Article 14 - Excavation Damage to Pipelines and Underground Utility Lines

Section 62-14-1 - Purpose and intent. - The purpose of Chapter 62, Article 14 NMSA 1978 is...

Section 62-14-2 - Definitions. - As used in Chapter 62, Article 14 NMSA 1978: A....

Section 62-14-3 - Excavation. - A person who prepares engineering plans for excavation or who...

Section 62-14-4 - Emergency excavation. - Every person who engages in emergency excavation shall take all...

Section 62-14-5 - Marking of facilities. - A. A person owning or operating an underground facility shall,...

Section 62-14-5.1 - Uniform color code for location of underground facilities. - In marking an excavation site and the location of underground...

Section 62-14-6 - Liability for damage to underground facilities. - A. If any underground facility is damaged by any person...

Section 62-14-7 - Liability for negligence notwithstanding information obtained. - The act of obtaining or making reasonable efforts to obtain...

Section 62-14-7.1 - One-call notification system. - A. An owner or operator of an underground facility subject...

Section 62-14-8 - Penalties. - In addition to any other liability imposed by law, an...

Section 62-14-9 - Enforcement. - If any person excavates or intends to excavate in violation...

Section 62-14-9.1 - Alternative dispute resolution. - The commission shall promulgate rules for voluntary alternative dispute resolution...

Section 62-14-10 - Rule-making. - The commission shall promulgate rules and regulations to implement the...

Article 15 - Rural Electric Cooperatives

Section 62-15-1 - Short title. - Chapter 62, Article 15 NMSA 1978 may be cited as...

Section 62-15-2 - Purpose; definition. - Cooperative nonprofit membership corporations may be organized under the Rural...

Section 62-15-3 - Powers. - A cooperative shall have power to: A. sue and be...

Section 62-15-3.1 - Subsidiary business activities. - A. Cooperatives may form, organize, acquire, hold, dispose of and...

Section 62-15-4 - Name. - The name of each cooperative shall include the words "electric"...

Section 62-15-5 - Incorporators. - Five or more natural persons, or two or more cooperatives,...

Section 62-15-6 - Articles of incorporation. - A. The articles of incorporation of a cooperative shall recite...

Section 62-15-7 - Bylaws. - The original bylaws of a cooperative shall be adopted by...

Section 62-15-8 - Members. - A. No person who is not an incorporator shall become...

Section 62-15-9 - Board of trustees; suits. - A. The business and affairs of a cooperative shall be...

Section 62-15-9.1 - Duties of trustees. - A trustee shall perform his duties as a trustee, including...

Section 62-15-9.2 - Limitation on liability and indemnification of officers and trustees. - A. Cumulative to any other provision of the Rural Electric...

Section 62-15-10 - Voting districts. - A. Notwithstanding any other provision of the Rural Electric Cooperative...

Section 62-15-11 - Officers. - The officers of a cooperative shall consist of a president,...

Section 62-15-12 - Amendment of articles of incorporation. - A. A cooperative may amend its articles of incorporation by...

Section 62-15-13 - Consolidation. - Any two or more cooperatives, each of which is designated...

Section 62-15-14 - Merger. - Any one or more cooperatives, each of which is designated...

Section 62-15-15 - Effect of consolidation or merger. - The effect of consolidation or merger shall be as follows:...

Section 62-15-16 - Conversion of existing corporations. - Any corporation organized under the laws of this state for...

Section 62-15-17 - Initiative by members. - Notwithstanding any other provision of this act [62-15-1 to 62-15-32...

Section 62-15-18 - Dissolution. - A. A cooperative that has not commenced business may dissolve...

Section 62-15-19 - Filing of articles. - Articles of incorporation, amendment, consolidation, merger, conversion or dissolution, when...

Section 62-15-20 - Refunds to members. - Revenues of a cooperative for any fiscal year in excess...

Section 62-15-21 - Disposition of property. - A cooperative may not sell, convey, lease, exchange, transfer or...

Section 62-15-22 - Nonliability of members for debts of cooperative. - The private property of the members of a cooperative shall...

Section 62-15-23 - Recordation of mortgages. - Any mortgage, deed of trust or other instrument executed by...

Section 62-15-24 - Waiver of notice. - Whenever any notice is required to be given under the...

Section 62-15-25 - Trustees, officers or members; notaries. - No person who is authorized to take acknowledgments under the...

Section 62-15-26 - Foreign corporations. - Any corporation organized on a nonprofit or a cooperative basis...

Section 62-15-26.1 - Distribution cooperative utilities organized in other states; application. - A distribution cooperative utility organized pursuant to the laws of...

Section 62-15-27 - Fees. - The secretary of state shall charge and collect for: A....

Section 62-15-28 - Taxation. - Cooperative and foreign corporations transacting business in this state pursuant...

Section 62-15-29 - Repealed. - Repeals. — Laws 1998, ch. 108, § 81 repealed 62-15-29...

Section 62-15-30 - Securities Act exemption. - The provisions of the Securities Act, Chapter 44, Session Laws...

Section 62-15-31 - "Rural area," "person" and "member" defined. - A. "Rural area" means any area not included within the...

Section 62-15-32 - Construction of act; inconsistency. - The Rural Electric Cooperative Act shall be construed liberally. The...

Section 62-15-33 - Conversion of corporations organized under Laws 1937, Chapter 100, into cooperatives under the Rural Electric Cooperative Act, as amended. - A corporation created under Laws 1937, Chapter 100 shall be...

Section 62-15-34 - Renewable portfolio standard. - A. Except as provided in Subsection E of this section,...

Section 62-15-35 - Renewable energy certificates; commission duties. - The public regulation commission shall establish: A. a system of...

Section 62-15-36 - Renewable energy and conservation fee. - A. A distribution cooperative may collect from its customers a...

Section 62-15-37 - Definitions; energy efficiency; renewable energy. - As used in the Rural Electric Cooperative Act: A. "energy...

Article 16 - Renewable Energy Act

Section 62-16-1 - Short title. - Chapter 62, Article 16 NMSA 1978 may be cited as...

Section 62-16-2 - Findings and purposes. - A. The legislature finds that: (1) the generation of electricity...

Section 62-16-3 - Definitions. - As used in the Renewable Energy Act: A. "commission" means...

Section 62-16-4 - Renewable portfolio standard. - A. A public utility shall meet the renewable portfolio standard...

Section 62-16-5 - Renewable energy certificates; commission duties. - A. The commission shall establish: (1) a system of renewable...

Section 62-16-6 - Recovery for renewable energy and emissions reduction. - A. A public utility that procures or generates renewable energy...

Section 62-16-7 - Commission; powers and duties; voluntary programs. - A. The commission: (1) shall adopt rules regarding the renewable...

Section 62-16-8 - Rural electric cooperative; voluntary tariffs. - A. The commission may require that a rural electric cooperative:...

Section 62-16-9 - Existing rules. - The commission shall promulgate rules to implement the provisions of...

Section 62-16-10 - Federal requirements. - Renewable energy procured or generated by a public utility to...

Article 16A - New Mexico Renewable Energy Transmission Authority Act

Section 62-16A-1 - Short title. - Chapter 62, Article 16A NMSA 1978 may be cited as...

Section 62-16A-2 - Definitions. - As used in the New Mexico Renewable Energy Transmission Authority...

Section 62-16A-3 - New Mexico renewable energy transmission authority created; organization. - A. The "New Mexico renewable energy transmission authority" is created...

Section 62-16A-4 - Authority; duties and powers. - A. The authority shall: (1) do any and all things...

Section 62-16A-5 - Renewable energy transmission bonds; appropriation of proceeds. - A. The authority is authorized to issue and sell revenue...

Section 62-16A-6 - Renewable energy transmission bonding fund created; money in the fund pledged. - A. The "renewable energy transmission bonding fund" is created in...

Section 62-16A-7 - Authority to refund bonds. - The authority may issue and sell at public or private...

Section 62-16A-8 - Renewable energy transmission bonds; form; execution. - A. The authority, except as otherwise specifically provided in the...

Section 62-16A-9 - Procedure for sale of renewable energy transmission bonds. - A. Bonds shall be sold by the authority at such...

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,...

Section 62-16A-11 - Suit may be brought to compel performance of officers. - Any holder of bonds or any person or officer being...

Section 62-16A-12 - Renewable energy transmission bonds tax exempt. - All renewable energy transmission bonds are exempt from taxation by...

Section 62-16A-13 - Renewable energy transmission authority operational fund. - The "renewable energy transmission authority operational fund" is created in...

Section 62-16A-14 - Report to legislature. - The authority shall submit a report of its activities to...

Section 62-16A-15 - Legislative oversight. - A. In addition to its other duties, the New Mexico...

Section 62-16A-16 - Proprietary information. - Information obtained by the authority that is proprietary technical or...

Article 16B - Community Solar

Section 62-16B-1 - Short title. - Sections 1 through 9 [8] [62-16B-1 to 62-16B-8 NMSA 1978]...

Section 62-16B-2 - Definitions. - As used in the Community Solar Act: A. "commission" means...

Section 62-16B-3 - Community solar facility requirements. - A. A community solar facility shall: (1) have a nameplate...

Section 62-16B-4 - Ownership of community solar facilities. - A. A community solar facility shall be owned or operated...

Section 62-16B-5 - Subscription requirements. - A. A subscription shall be: (1) sized to supply no...

Section 62-16B-6 - Community solar program administration. - A. A qualifying utility shall: (1) acquire the entire output...

Section 62-16B-7 - Public regulation commission; rulemaking. - A. The commission shall administer and enforce the rules and...

Section 62-16B-8 - Rural electric distribution cooperatives. - A rural electric distribution cooperative may opt in to the...

Article 17 - Efficient Use of Energy

Section 62-17-1 - Short title. - Chapter 62, Article 17 NMSA 1978 may be cited as...

Section 62-17-2 - Repealed. - History: Laws 2005, ch. 341, § 2; 2008, ch. 24,...

Section 62-17-3 - Policy. - It is the policy of the Efficient Use of Energy...

Section 62-17-4 - Definitions. - As used in the Efficient Use of Energy Act: A....

Section 62-17-5 - Commission approval; energy efficiency and load management programs; disincentives. - A. Pursuant to the findings and purpose of the Efficient...

Section 62-17-6 - Cost recovery. - A. A public utility that undertakes cost-effective energy efficiency and...

Section 62-17-7 - Alternative energy efficiency provider. - With a public utility's consent, the commission may allow for...

Section 62-17-8 - Measurement and verification. - A. A public utility shall submit to the commission an...

Section 62-17-9 - Self-directed programs for customers; exemptions. - A. A large customer shall receive approval for a credit...

Section 62-17-10 - Integrated resource planning. - Pursuant to the commission's rulemaking authority, public utilities supplying electric...

Section 62-17-11 - Distribution cooperative utilities. - A. Distribution cooperative utilities shall periodically examine the potential to...

Article 18 - Energy Transition

Section 62-18-1 - Short title. - Sections 1 through 23 [62-18-1 to 62-18-23 NMSA 1978] of...

Section 62-18-2 - Definitions. - As used in the Energy Transition Act: A. "adjustment mechanism"...

Section 62-18-3 - Location of resource development after abandonment. - A. For a qualifying utility that abandons a qualifying generating...

Section 62-18-4 - Financing order; application contents; pending applications. - A. A qualifying utility that is abandoning a qualifying generating...

Section 62-18-5 - Financing order; issuance; terms of bonds; reports to commission of disbursement of bond proceeds; review and audit of records. - A. The commission may approve an application for a financing...

Section 62-18-6 - Adjustment mechanism; adjustment procedures; hearing procedures if commission determines adjustment made in error. - A. If the commission issues a financing order, the qualifying...

Section 62-18-7 - Financing order; irrevocability; amendments. - A. A financing order is irrevocable and the commission shall...

Section 62-18-8 - Aggrieved parties; request for rehearing; judicial review. - A. A financing order shall be issued as a separate...

Section 62-18-9 - Conditions that keep financing orders in effect and energy transition charges imposed. - A. A financing order shall remain in effect until the...

Section 62-18-10 - Qualifying utility duties. - A. Except as provided in Section 16 [62-18-16 NMSA 1978]...

Section 62-18-11 - Commission treatment of energy transition bonds. - A. If the commission issues a financing order, the commission...

Section 62-18-12 - Energy transition property; energy transition revenues. - A. Energy transition property that is created in a financing...

Section 62-18-13 - Security interests; creation of security interest; priority over other liens; attachment on filing with secretary of state. - A. Except as otherwise provided in this section, the creation,...

Section 62-18-14 - Sale of energy transition property; perfecting interests; absolute transfer and true sale requirements. - A. Any sale, assignment or transfer of energy transition property...

Section 62-18-15 - Fee assessments. - The energy transition charge stated as a separate line entry...

Section 62-18-16 - Energy transition Indian affairs fund; energy transition economic development assistance fund; energy transition displaced worker assistance fund; community advisory committee. - A. The "energy transition Indian affairs fund" is created in...

Section 62-18-17 - Energy transition bonds not public debt. - Energy transition bonds issued pursuant to the Energy Transition Act...

Section 62-18-18 - Energy transition bonds as legal investments. - Energy transition bonds shall be legal investments for all governmental...

Section 62-18-19 - State pledge not to impair. - A. The state pledges to and agrees with the bondholders,...

Section 62-18-20 - Choice of law. - The laws of the state of New Mexico as set...

Section 62-18-21 - Conflicts. - In the event of any conflict between the Energy Transition...

Section 62-18-22 - Validity on actions if act held invalid. - Effective on the date that energy transition bonds are first...

Section 62-18-23 - Applicability. - The provisions of the Energy Transition Act shall not apply...

Article 19 - Public Regulation Commission

Section 62-19-1 - Short title. (Effective January 1, 2023.) - Chapter 62, Article 19 NMSA 1978 may be cited as...

Section 62-19-2 - Definitions. (Effective January 1, 2023.) - As used in the Public Regulation Commission Act: A. "commission"...

Section 62-19-3 - Public regulation commission. (Effective January 1, 2023.) - A. The "public regulation commission", created in Article 11, Section...

Section 62-19-4 - Public regulation commission nominating committee. (Effective January 1, 2022.) - A. The "public regulation commission nominating committee" is created and...

Section 62-19-5 - Qualifications of commissioners. (Effective January 1, 2023.) - A. Commissioners shall be persons who are independent of the...

Section 62-19-6 - Continuing education requirements for commissioners. (Effective January 1, 2023.) - A. Beginning July 1, 2013, a commissioner shall complete: (1)...

Section 62-19-7 - Recusal of commissioner or hearing examiner. (Effective January 1, 2023.) - A. A commissioner or hearing examiner shall self recuse in...

Section 62-19-8 - Prohibited acts; nominees; commissioners and employees. (Effective January 1, 2023.) - A. As used in this section, in addition to the...

Section 62-19-9 - Commission; general powers and duties. (Effective January 1, 2023.) - A. The commission shall administer and enforce the laws with...

Section 62-19-10 - Propane service; commission duties. (Effective January 1, 2023.) - A. The commission shall adopt rules to protect consumers' rights...

Section 62-19-11 - Chief of staff; division directors; other staff. (Effective January 1, 2023.) - A. The commission shall appoint a "chief of staff" who...

Section 62-19-12 - Commission; divisions. (Effective January 1, 2023.) - The commission includes the following organizational units: A. the administrative...

Section 62-19-13 - Administrative services division; chief clerk. (Effective January 1, 2023.) - A. The director of the administrative services division of the...

Section 62-19-14 - Consumer relations division. (Effective January 1, 2023.) - A. The consumer relations division shall: (1) receive and investigate...

Section 62-19-15 - Legal division. (Effective January 1, 2023.) - A. The commission shall set minimum requirements for the director...

Section 62-19-16 - Transportation division. (Effective January 1, 2023.) - The transportation division shall serve as staff to the commission...

Section 62-19-17 - Utility division. (Effective January 1, 2023.) - A. The utility division shall serve as staff to the...

Section 62-19-18 - Telecommunications bureau. (Effective January 1, 2023.) - A. The "telecommunications bureau" is created in the utility division...

Section 62-19-19 - Advisory staff. (Effective January 1, 2023.) - A. The chief of staff may hire, with the consent...

Section 62-19-20 - Hearing examiners. (Effective January 1, 2023.) - A. The commission may appoint a commissioner or a hearing...

Section 62-19-21 - Commission rules; procedures for adoption. (Effective January 1, 2023.) - A. Unless otherwise provided by law, no rule affecting a...

Section 62-19-22 - Record of proceedings. (Effective January 1, 2023.) - Unless otherwise provided by law, the commission may by rule...

Section 62-19-23 - Ex parte communications. (Effective January 1, 2023.) - A. A commissioner shall not initiate, permit or consider a...

Section 62-19-24 - Commission reports. (Effective January 1, 2023.) - By December 1 of each year, the commission shall report...

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New Mexico Statutes Chapter 62 - Electric, Gas and Water Utilities

New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities