New Mexico Statutes
Article 18 - Energy Transition
Section 62-18-19 - State pledge not to impair.

A. The state pledges to and agrees with the bondholders, any assignee and any financing parties that the state shall not take or permit any action that impairs the value of energy transition property, except as allowed pursuant to Section 6 [62-18-6 NMSA 1978] of the Energy Transition Act, or reduces, alters or impairs energy transition charges that are imposed, collected and remitted for the benefit of the bondholders, any assignee and any financing parties, until the entire principal of, interest on and redemption premium on the energy transition bonds, all financing costs and all amounts to be paid to an assignee or financing party under an ancillary agreement are paid in full and performed in full.
B. Any person who issues energy transition bonds is permitted to include the pledge specified in Subsection A of this section in the energy transition bonds, ancillary agreements and documentation related to the issuance and marketing of the energy transition bonds.
History: Laws 2019, ch. 65, § 19.
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.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 62 - Electric, Gas and Water Utilities

Article 18 - Energy Transition

Section 62-18-1 - Short title.

Section 62-18-2 - Definitions.

Section 62-18-3 - Location of resource development after abandonment.

Section 62-18-4 - Financing order; application contents; pending applications.

Section 62-18-5 - Financing order; issuance; terms of bonds; reports to commission of disbursement of bond proceeds; review and audit of records.

Section 62-18-6 - Adjustment mechanism; adjustment procedures; hearing procedures if commission determines adjustment made in error.

Section 62-18-7 - Financing order; irrevocability; amendments.

Section 62-18-8 - Aggrieved parties; request for rehearing; judicial review.

Section 62-18-9 - Conditions that keep financing orders in effect and energy transition charges imposed.

Section 62-18-10 - Qualifying utility duties.

Section 62-18-11 - Commission treatment of energy transition bonds.

Section 62-18-12 - Energy transition property; energy transition revenues.

Section 62-18-13 - Security interests; creation of security interest; priority over other liens; attachment on filing with secretary of state.

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

Section 62-18-15 - Fee assessments.

Section 62-18-16 - Energy transition Indian affairs fund; energy transition economic development assistance fund; energy transition displaced worker assistance fund; community advisory committee.

Section 62-18-17 - Energy transition bonds not public debt.

Section 62-18-18 - Energy transition bonds as legal investments.

Section 62-18-19 - State pledge not to impair.

Section 62-18-20 - Choice of law.

Section 62-18-21 - Conflicts.

Section 62-18-22 - Validity on actions if act held invalid.

Section 62-18-23 - Applicability.