New Mexico 2025 Regular Session Status: Enacted 3 D cosponsors

SB 170 — NMFA DEFINITIONS, FUNDS & RATES

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2025. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 08, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

468 added · 752 removed

Plain-language change summary

The updated version of SB 170 introduces changes to the definitions within the New Mexico Finance Authority Act and updates what money from the Public Project Revolving Fund can be used for. These amendments aim to strengthen economic development by clarifying terms and allowing for more flexibility in funding urgent public projects. Additionally, the bill includes provisions for faster decisions on utility rate changes, which could help households and businesses better manage their energy costs. Overall, these changes are significant as they enhance the support for economic growth and public infrastructure in New Mexico.

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SENATE BILL 170 57TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Michael Padilla and Meredith A.
AN ACT RELATING TO ECONOMIC DEVELOPMENT;
Dixon and Joshua N.
REVISING DEFINITIONS IN THE NEW MEXICO FINANCE AUTHORITY ACT;
Hernandez and Joy Garratt This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AMENDING PERMITTED USES FOR MONEY IN THE PUBLIC PROJECT REVOLVING FUND;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
REVISING ECONOMIC DEVELOPMENT RATES FOR GAS AND ELECTRIC UTILITIES;
AN ACT h RELATING TO ECONOMIC DEVELOPMENT;
PROVIDING FOR EXPEDITED RATEMAKING ORDERS.
REVISING DEFINITIONS IN THE g o NEW MEXICO FINANCE AUTHORITY ACT;
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
AMENDING PERMITTED USES FOR t hr g e i k MONEY IN THE PUBLIC PROJECT REVOLVING FUND;
SECTION 1.
REVISING ECONOMIC h r i s DEVELOPMENT RATES FOR GAS AND ELECTRIC UTILITIES;
Section 6-21-3 NMSA 1978 (being Laws 1992, Chapter 61, Section 3, as amended) is amended to read:
PROVIDING FOR h , t, EXPEDITED RATEMAKING ORDERS.
"6-21-3.
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
l ] b ,d i a º e SECTION 1.
Section 6-21-3 NMSA 1978 (being Laws 1992, r i = r t e w d m a n o Chapter 61, Section 3, as amended) is amended to read:
d m :
b e d s º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e e a n e d r e l u [ A d "6-21-3.
and (2) requiring the immediate expenditure of money that is not within the available financial resources of the qualified entity as determined by the authority;
and (2) requiring the immediate expenditure of money that is not within the available financial resources SB 170 Page 1 of the qualified entity as determined by the authority;
h E.
E.
"public project" means the acquisition, g o t hr construction, improvement, alteration or reconstruction of g e i k assets of a long-term capital nature by a qualified entity, h r i s including land;
"public project" means the acquisition, construction, improvement, alteration or reconstruction of assets of a long-term capital nature by a qualified entity, including land;
water, sewerage and h , t, waste disposal systems;
water, sewerage and waste disposal systems;
municipal e u g e b l e e h utilities;
municipal utilities;
STBTCº electric utilities;»STBTC public recreational n d d i = = o h facilities;
public recreational facilities;
l ] b ,d i a º e and machinery, furniture and equipment.
and machinery, furniture and equipment.
"Public project" r i = r t e w d m a n o includes all proposed expenditures related to the entire d m :
"Public project" includes all proposed expenditures related to the entire undertaking.
b e d s º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 2 - e a n e d r e l u [ A d undertaking.
"qualified entity" means the state or an agency or institution of the state or a county, municipality, school district, two-year public post-secondary educational institution, charter school, land grant corporation, acequia association, public improvement district, federally chartered college located in New Mexico, intercommunity water or natural gas supply association or corporation, special water, drainage, irrigation or conservancy district or other special district created pursuant to law, rural electric cooperative pursuant to the Rural Electric Cooperative Act, nonprofit foundation or other support organization affiliated with a public university, college or other higher educational institution located in New h Mexico, including a university research park corporation, a u » r nonprofit housing developer, an Indian nation, tribe or pueblo t h g e l i located wholly or partially in New Mexico, including a h r i s political subdivision or a wholly owned enterprise of an Indian h , e h nation, tribe or pueblo or a consortium of those Indian t u g e b l e e , gh entities or a consortium of any two or more qualified entities n d d i = = o h created pursuant to law;
"qualified entity" means the state or an agency or institution of the state or a county, municipality, school district, two-year public post-secondary educational institution, charter school, land grant corporation, acequia association, public improvement district, federally chartered college located in New Mexico, intercommunity water or natural gas supply association or corporation, special water, drainage, irrigation or conservancy district or other special district created pursuant to law, rural electric cooperative pursuant to the Rural Electric Cooperative Act, nonprofit foundation or other support organization affiliated with a SB 170 Page 2 public university, college or other higher educational institution located in New Mexico, including a university research park corporation, a nonprofit housing developer, an Indian nation, tribe or pueblo located wholly or partially in New Mexico, including a political subdivision or a wholly owned enterprise of an Indian nation, tribe or pueblo or a consortium of those Indian entities or a consortium of any two or more qualified entities created pursuant to law;
and l ] b ,d i a º r G.
and G.
"security" or "securities", unless the context e r = t e w d m a n o indicates otherwise, means bonds, notes or other evidence of d m :
"security" or "securities", unless the context indicates otherwise, means bonds, notes or other evidence of indebtedness issued by a qualified entity or leases or certificates or other evidence of participation in the lessor's interest in and rights under a lease with a qualified entity and that are payable from taxes, revenues, rates, charges, assessments or user fees or from the proceeds of funding or refunding bonds, notes or other evidence of indebtedness of a qualified entity or from certificates or evidence of participation in a lease with a qualified entity." SECTION 2.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 3 - e a n e d r e l u [ A d indebtedness issued by a qualified entity or leases or certificates or other evidence of participation in the lessor's interest in and rights under a lease with a qualified entity and that are payable from taxes, revenues, rates, charges, assessments or user fees or from the proceeds of funding or refunding bonds, notes or other evidence of indebtedness of a qualified entity or from certificates or evidence of participation in a lease with a qualified entity." SECTION 2.
PUBLIC PROJECT REVOLVING FUND--PURPOSE-- ADMINISTRATION.-- A.
PUBLIC PROJECT REVOLVING FUND--PURPOSE–- ADMINISTRATION.-- A.
The fund shall be administered by the authority as a separate account, but may consist of such subaccounts as the authority deems necessary to carry out the h purposes of the fund.
The fund shall be administered by the SB 170 Page 3 authority as a separate account, but may consist of such subaccounts as the authority deems necessary to carry out the purposes of the fund.
The authority may establish procedures g o t hr and adopt rules as required to administer the fund in g e i k accordance with the New Mexico Finance Authority Act.
The authority may establish procedures and adopt rules as required to administer the fund in accordance with the New Mexico Finance Authority Act.
h r i s B.
B.
Except as otherwise provided in the New Mexico h , t, Finance Authority Act, money from payments of principal of and e u g e b l e e h interest on loans and payments of principal of and interest on n d d i = = o h securities held by the authority for public projects l ] b ,d i a º e [authorized specifically by law ] shall be deposited in the r i = r t e w d m a n o public project revolving fund.
Except as otherwise provided in the New Mexico Finance Authority Act, money from payments of principal of and interest on loans and payments of principal of and interest on securities held by the authority for public projects shall be deposited in the public project revolving fund.
The fund shall also consist of d m :
The fund shall also consist of any other money appropriated, distributed or otherwise allocated to the fund for the purpose of financing public projects.
b e d s º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 4 - e a n e d r e l u [ A d any other money appropriated, distributed or otherwise allocated to the fund for the purpose of financing public projects [authorized specifically by law ].
Money appropriated to pay administrative costs, money available for administrative costs from other sources and money from payments of interest on loans or securities held by the authority, including payments of interest on loans and securities held by the authority for public projects, [authorized specifically by law ] that represents payments for administrative costs shall not be deposited in the public project revolving fund and shall be deposited in a separate account of the authority and may be used by the authority to meet administrative costs of the authority.
Money appropriated to pay administrative costs, money available for administrative costs from other sources and money from payments of interest on loans or securities held by the authority, including payments of interest on loans and securities held by the authority for public projects, that represents payments for administrative costs shall not be deposited in the public project revolving fund and shall be deposited in a separate account of the authority and may be used by the authority to meet administrative costs of the authority.
Except as otherwise provided in the New Mexico Finance Authority Act, money in the public project revolving fund is appropriated to the authority to pay the reasonably h necessary costs of originating and servicing loans, grants or u » r securities funded by the fund and to make loans or grants and t h g e l i to purchase or sell securities to assist qualified entities in h r i s financing public projects in accordance with the New Mexico h , e h Finance Authority Act [and pursuant to specific authorization t u g e b l e e , gh by law for each project].
Except as otherwise provided in the New Mexico Finance Authority Act, money in the public project revolving SB 170 Page 4 fund is appropriated to the authority to pay the reasonably necessary costs of originating and servicing loans, grants or securities funded by the fund and to make loans or grants and to purchase or sell securities to assist qualified entities in financing public projects in accordance with the New Mexico Finance Authority Act.
n d d i = = o h E.
E.
Money in the public project revolving fund not l ] b ,d i a º r needed for immediate disbursement, including money held in e r = t e w d m a n o reserve, may be deposited with the state treasurer for short- d m :
Money in the public project revolving fund not needed for immediate disbursement, including money held in reserve, may be deposited with the state treasurer for short-term investment pursuant to Section 6-10-10.1 NMSA 1978 or may be invested in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States, obligations issued by agencies of the United States, obligations of this state or any political subdivision of the state, interest-bearing time deposits, commercial paper issued by corporations organized and operating in the United States and rated "prime" quality by a national rating service, other investments permitted by Section 6-10-10 NMSA 1978 or as otherwise provided by the trust indenture or bond resolution, if money is pledged for or secures payment of bonds issued by the authority.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 5 - e a n e d r e l u [ A d term investment pursuant to Section 6-10-10.1 NMSA 1978 or may be invested in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States, obligations issued by agencies of the United States, obligations of this state or any political subdivision of the state, interest-bearing time deposits, commercial paper issued by corporations organized and operating in the United States and rated "prime" quality by a national rating service, other investments permitted by Section 6-10-10 NMSA 1978 or as otherwise provided by the trust indenture or bond resolution, if money is pledged for or secures payment of bonds issued by the authority.
h G.
SB 170 Page 5 G.
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Money on deposit in the public project revolving u » r fund may be used to make interim loans for a term not exceeding t h g e l i two years to qualified entities for the purpose of providing h r i s interim financing for any project approved or funded by the h , e h legislature.
Money on deposit in the public project revolving fund may be used to make interim loans for a term not exceeding two years to qualified entities for the purpose of providing interim financing for any project approved or funded by the legislature.
t u g e b l e e , gh H.
H.
Money on deposit in the public project revolving n d d i = = o h fund may be used to acquire securities or to make loans to l ] b ,d i a º r qualified entities in connection with the small loan program.
Money on deposit in the public project revolving fund may be used to acquire securities or to make loans to qualified entities in connection with the small loan program.
e r = t e w d m a n o As used in this subsection, "small loan program" means the d m :
As used in this subsection, "small loan program" means the program of the authority designed to provide financing for public projects in amounts not to exceed one million dollars ($1,000,000) per project.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 6 - e a n e d r e l u [ A d program of the authority designed to provide financing for public projects in amounts not to exceed one million dollars ($1,000,000) per project.
Money on deposit in the public project revolving fund may be used to purchase bonds issued by the authority, which are payable from any designated source of revenues or h collateral.
Money on deposit in the public project revolving fund may be used to purchase bonds issued by the authority, which are payable from any designated source SB 170 Page 6 of revenues or collateral.
Purchasing and holding the bonds in the public u » r project revolving fund shall not, as a matter of law, result in t h g e l i cancellation or merger of the bonds notwithstanding the fact h r i s that the authority as the issuer of the bonds is obligated to h , e h make the required debt service payments and the public project t u g e b l e e , gh revolving fund held by the authority is entitled to receive the n d d i = = o h required debt service payments.
Purchasing and holding the bonds in the public project revolving fund shall not, as a matter of law, result in cancellation or merger of the bonds notwithstanding the fact that the authority as the issuer of the bonds is obligated to make the required debt service payments and the public project revolving fund held by the authority is entitled to receive the required debt service payments.
l ] b ,d i a º r K.
K.
Money on deposit in the public project revolving e r = t e w d m a n o fund may be used to capitalize other financing programs of the d m :
Money on deposit in the public project revolving fund may be used to capitalize other financing programs of the authority authorized by law, either directly or from proceeds of bonds issued by the authority and secured by money in the public project revolving fund.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 7 - e a n e d r e l u [ A d authority authorized by law, either directly or from proceeds of bonds issued by the authority and secured by money in the public project revolving fund.
After June 30, SFCº2035»SFC SFCº2028»SFC , only public projects referenced in Subsection D of this section that are specifically authorized by law shall be eligible for funding from the public project revolving fund." SECTION 3.
After June 30, 2028, only public projects referenced in Subsection D of this section that are specifically authorized by law shall be eligible for funding from the public project revolving fund." SECTION 3.
The commission may approve or otherwise allow to become effective, as provided in Subsection B of this section, applications from utilities or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 or filings by cooperative utilities pursuant to Section 62-8-7 NMSA 1978, h as appropriate, for special rates or tariffs in order to u » r prevent the loss of customers, to encourage customers to expand t h g e l i present facilities and operations in New Mexico and to attract h r i s new customers where necessary or appropriate to promote h , e h economic development in New Mexico.
The commission may approve or otherwise allow to become effective, as provided in Subsection B of this section, applications from utilities or persons subject to regulation pursuant to Subsection B of Section 62-6-4 SB 170 Page 7 NMSA 1978 or filings by cooperative utilities pursuant to Section 62-8-7 NMSA 1978, as appropriate, for special rates or tariffs in order to prevent the loss of customers, to encourage customers to expand present facilities and operations in New Mexico and to attract new customers where necessary or appropriate to promote economic development in New Mexico.
Any such special rates or t u g e b l e e , gh tariffs shall be designed so as to recover at least the n d d i = = o h incremental cost of providing service to such customers.
Any such special rates or tariffs shall be designed so as to recover at least the incremental cost of providing service to such customers.
l ] b ,d i a º r B.
B.
The commission may approve or otherwise allow to e r = t e w d m a n o become effective applications from utilities or persons subject d m :
The commission may approve or otherwise allow to become effective applications from utilities or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 and filings by cooperative utilities pursuant to Section 62-8-7 NMSA 1978 for economic development rates and rates designed to retain load for gas and electric utility customers.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 8 - e a n e d r e l u [ A d to regulation pursuant to Subsection B of Section 62-6-4 NMSA and filings by cooperative utilities pursuant to Section 62-8-7 NMSA 1978 for economic development rates and rates designed to retain load for gas and electric utility customers.
Except as provided in Subsection D of this section, economic development rates shall be approved or otherwise allowed to become effective for an electric utility or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 or filings by cooperative utilities pursuant to Section 62-8-7 NMSA 1978 only when the utility or the substantially full requirements supplier of the utility has excess capacity.
Except as provided in Subsection D of this section, economic development rates shall be approved or otherwise allowed to become effective for an electric utility or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 or filings by cooperative utilities SB 170 Page 8 pursuant to Section 62-8-7 NMSA 1978 only when the utility or the substantially full requirements supplier of the utility has excess capacity.
For purposes of this section, "excess h capacity" means the amount of electric generating and purchased u » r power capacity available to the utility or such supplier that t h g e l i is greater than the utility's or such supplier's peak load plus h r i s a fixed percentage reserve margin set by the commission.
For purposes of this section, "excess capacity" means the amount of electric generating and purchased power capacity available to the utility or such supplier that is greater than the utility's or such supplier's peak load plus a fixed percentage reserve margin set by the commission.
h , e h D.
D.
Economic development rates may be approved or t u g e b l e e , gh otherwise allowed to become effective for electric utilities or n d d i = = o h persons subject to regulation pursuant to Subsection B of l ] b ,d i a º r Section 62-6-4 NMSA 1978 or filings by cooperative utilities e r = t e w d m a n o pursuant to Section 62-8-7 NMSA 1978 that do not meet the d m :
Economic development rates may be approved or otherwise allowed to become effective for electric utilities or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 or filings by cooperative utilities pursuant to Section 62-8-7 NMSA 1978 that do not meet the qualifications of Subsection C of this section;
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 9 - e a n e d r e l u [ A d qualifications of Subsection C of this section;
and (2) an economic development rate approved for any customer under this subsection shall last no longer than four years, except that the commission may approve the rate for up to twelve additional months if it finds that the additional period is necessary to attract a particular economic development rate customer to New Mexico.
and (2) an economic development rate approved for any customer under this subsection shall last no longer than four years, except that the commission may approve the SB 170 Page 9 rate for up to twelve additional months if it finds that the additional period is necessary to attract a particular economic development rate customer to New Mexico.
HCEDCºTo attract, enable the growth of and h retain commercial and industrial businesses capable of u » r enhancing the local and state economy,»HCEDC HCEDCºPrior to t h g e l i July 1, 2035,»HCEDC the commission shall allow public utilities h r i s to recover prudent and reasonable costs incurred by a public h , e h utility for the ongoing development, construction or t u g e b l e e , gh maintenance of Sfl1ºowned or contracted»Sfl1 resources for n d d i = = o h economic development projects that provide incremental l ] b ,d i a º r capacity, or serve incremental load growth, within the economic e r = t e w d m a n o development project's service area.
Prior to July 1, 2035, the commission shall allow public utilities to recover prudent and reasonable costs incurred by a public utility for the ongoing development, construction or maintenance of resources for economic development projects that provide incremental capacity, or serve incremental load growth, within the economic development project's service area.
For economic development d m :
For economic development projects implemented after the effective date of this 2025 act, the reasonable costs of economic development projects shall be recoverable in rates through a rate rider, base rates or a combination thereof, when the associated equipment and facilities begin serving the new load associated with the economic development project or the utility demonstrates that the economic development project provides benefits to existing customers.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 10 - e a n e d r e l u [ A d projects implemented after the effective date of this 2025 act, the reasonable costs of economic development projects shall be recoverable in rates through a rate rider, base rates or a combination thereof, when the associated equipment and facilities begin serving the new load associated with the economic development project or the utility demonstrates that the economic development project provides benefits to existing customers.
Notwithstanding the time lines in Subsection C of Section 62-9-1 NMSA 1978, the commission shall review a public utility's application for an economic development project and issue a final order approving, modifying or denying the application within six months of the application filing date;
Notwithstanding the time lines in Subsection C of Section 62-9-1 NMSA 1978, the commission shall review a public utility's application for an economic development project and issue a final order approving, modifying or denying the application within six months of the SB 170 Page 10 application filing date;
provided, however, that the commission may extend the time for granting approval for an additional h three months for good cause shown.
provided, however, that the commission may extend the time for granting approval for an additional three months for good cause shown.
All projects shall be u » r certified by the economic development department HCEDCºusing t h g e l i industry standard guidelines for site selection»HCEDC and h r i s approved by the commission HCEDCºprior to a ten-year sunset of h , e h this section.»HCEDC HCEDCº.»HCEDC All HCEDCºcertified and t u g e b l e e , gh approved»HCEDC projects HCEDCºapproved by the commission n d d i = = o h pursuant to this section»HCEDC shall be allowed to HCEDCºbe l ] b ,d i a º r fully constructed even if the full construction of the required e r = t e w d m a n o facilities takes place after this section has been d m :
All projects shall be certified by the economic development department using industry standard guidelines for site selection and approved by the commission.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 11 - e a n e d r e l u [ A d discontinued»HCEDC HCEDCºcomplete construction»HCEDC .
All certified and approved projects shall be allowed to complete construction.
The economic development department shall certify HCEDCº, using industry standard guidelines for site selection,»HCEDC whether the economic development project will support reasonably anticipated economic development within the state.
The economic development department shall certify, using industry standard guidelines for site selection, whether the economic development project will support reasonably anticipated economic development within the state.
SFCºPrior to the certification, the department shall provide an opportunity for public comment regarding whether the proposed economic development project will support reasonably anticipated economic development within the state.»SFC The department shall issue a certification letter within sixty days of a request from a public utility or project developer, and the certification letter shall be included in a public utility's application filed pursuant to Subsection E of this section.
Prior to the certification, the department shall provide an opportunity for public comment regarding whether the proposed economic development project will support reasonably anticipated economic development within the state.
[E.] G.
The department shall issue a certification letter within sixty days of a request from a public utility or project developer, and the certification letter shall be included in a public utility's application filed pursuant to Subsection E of this section.
G.
(1) "economic development project" means the h construction or modification of new or existing electric u » r generation facilities, energy storage facilities, transmission t h g e l i and distribution facilities, zero-carbon resources as defined h r i s in Subsection K of Section 62-16-3 NMSA 1978, alternative fuel h , e h facilities, energy efficiency programs, renewable energy and t u g e b l e e , gh fuel cell facilities, recycled energy or other technologies n d d i = = o h necessary to serve reasonably anticipated new load and that l ] b ,d i a º r have been certified by the economic development department e r = t e w d m a n o pursuant to Subsection F of this section;
(1) "economic development project" means the construction or modification of new or existing electric generation facilities, energy storage facilities, transmission and distribution facilities, zero-carbon SB 170 Page 11 resources as defined in Subsection K of Section 62-16-3 NMSA 1978, alternative fuel facilities, energy efficiency programs, renewable energy and fuel cell facilities, recycled energy or other technologies necessary to serve reasonably anticipated new load and that have been certified by the economic development department pursuant to Subsection F of this section;
d m :
(2) "incremental capacity" means the increase in capacity attributable to new or expanded facilities up to ten percent of a public utility’s total system peak load per calendar year;
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 12 - e a n e d r e l u [ A d (2) "incremental capacity" means the increase in capacity attributable to new or expanded facilities up to ten percent of STBTCºa public utility's total system»STBTC peak load per calendar year;
h (4) "incremental load growth" means the u » r increase in forecasted load attributable to commercial and t h g e l i industrial growth or electrification of utility customer h r i s infrastructure;
(4) "incremental load growth" means the increase in forecasted load attributable to commercial and SB 170 Page 12 industrial growth or electrification of utility customer infrastructure;
and h , e h (5) "recycled energy" means energy produced by t u g e b l e e , gh a generation unit that converts the otherwise lost energy from n d d i = = o h exhaust stacks or pipes to electricity without combustion of l ] b ,d i a º r additional fossil fuel." e r = t e w d m a n o SECTION 4.
and (5) "recycled energy" means energy produced by a generation unit that converts the otherwise lost energy from exhaust stacks or pipes to electricity without combustion of additional fossil fuel." SECTION 4.
Section 62-9-1 NMSA 1978 (being Laws 1941, d m :
Section 62-9-1 NMSA 1978 (being Laws 1941, Chapter 84, Section 46, as amended) is amended to read:
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 13 - e a n e d r e l u [ A d Chapter 84, Section 46, as amended) is amended to read:
If any public utility or mutual domestic water consumer association in constructing or h extending its line, plant or system unreasonably interferes or u » r is about to unreasonably interfere with the service or system t h g e l i of any other public utility or mutual domestic water consumer h r i s association rendering the same type of service, the commission, h , e h on complaint of the public utility or mutual domestic water t u g e b l e e , gh consumer association claiming to be injuriously affected, may, n d d i = = o h upon and pursuant to the applicable procedure provided in l ] b ,d i a º r Chapter 62, Article 10 NMSA 1978, and after giving due regard e r = t e w d m a n o to public convenience and necessity, including reasonable d m :
If any public utility or mutual domestic water consumer association in constructing or extending its line, plant or system unreasonably interferes or is about to unreasonably interfere SB 170 Page 13 with the service or system of any other public utility or mutual domestic water consumer association rendering the same type of service, the commission, on complaint of the public utility or mutual domestic water consumer association claiming to be injuriously affected, may, upon and pursuant to the applicable procedure provided in Chapter 62, Article 10 NMSA 1978, and after giving due regard to public convenience and necessity, including reasonable service agreements between the utilities, make an order and prescribe just and reasonable terms and conditions in harmony with the Public Utility Act to provide for the construction, development and extension, without unnecessary duplication and economic waste.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 14 - e a n e d r e l u [ A d service agreements between the utilities, make an order and prescribe just and reasonable terms and conditions in harmony with the Public Utility Act to provide for the construction, development and extension, without unnecessary duplication and economic waste.
If such a request is made, the commission shall, in the order granting the certificate, set forth the ratemaking principles and treatment that will be applicable to the public utility's stake in the h certified facilities in all ratemaking proceedings on and after u » r such time as the facilities are placed in service.
If such a request is made, the commission shall, in the order granting the certificate, set forth the ratemaking principles and treatment that will be applicable to the public utility's stake in the certified facilities in SB 170 Page 14 all ratemaking proceedings on and after such time as the facilities are placed in service.
The t h g e l i commission shall use the ratemaking principles and treatment h r i s specified in the order in all proceedings in which the cost of h , e h the public utility's stake in the certified facilities is t u g e b l e e , gh considered.
The commission shall use the ratemaking principles and treatment specified in the order in all proceedings in which the cost of the public utility's stake in the certified facilities is considered.
If the commission later decertifies the n d d i = = o h facilities, the commission shall apply the ratemaking l ] b ,d i a º r principles and treatment specified in the original e r = t e w d m a n o certification order to the costs associated with the facilities d m :
If the commission later decertifies the facilities, the commission shall apply the ratemaking principles and treatment specified in the original certification order to the costs associated with the facilities that were incurred by the public utility prior to decertification.
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 15 - e a n e d r e l u [ A d that were incurred by the public utility prior to decertification.
Notwithstanding the time lines contained in Subsection C of this section, for applications certified by the economic development department pursuant to Subsection F of h Section 62-6-26 NMSA 1978, the commission shall issue an order u » r granting or denying the application within six months from the t h g e l i date the application is filed with the commission.
Notwithstanding the time lines contained in Subsection C of this section, for applications certified by the economic development department pursuant to Subsection F of Section 62-6-26 NMSA 1978, the commission shall issue an SB 170 Page 15 order granting or denying the application within six months from the date the application is filed with the commission.
Failure to h r i s issue the commission's order within six months is deemed to be h , e h approval and final disposition of the application;
Failure to issue the commission's order within six months is deemed to be approval and final disposition of the application;
provided, t u g e b l e e , gh however, that the commission may extend the time for granting n d d i = = o h approval for an additional three months for good cause shown.
provided, however, that the commission may extend the time for granting approval for an additional three months for good cause shown.
l ] b ,d i a º r [D.] E.
E.
In an application for a certificate of e r = t e w d m a n o public convenience and necessity for an energy storage system, d m :
In an application for a certificate of public convenience and necessity for an energy storage system, the commission shall approve energy storage systems that:
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 16 - e a n e d r e l u [ A d the commission shall approve energy storage systems that:
(6) provide the public utility with the h discretion, subject to applicable laws and rules, to operate, g o t hr maintain and control energy storage systems so as to ensure g e i k reliable and efficient service to customers;
(6) provide the public utility with the SB 170 Page 16 discretion, subject to applicable laws and rules, to operate, maintain and control energy storage systems so as to ensure reliable and efficient service to customers;
and h r i s (7) are the most cost effective among feasible h , t, alternatives.
and (7) are the most cost effective among feasible alternatives.
e u g e b l e e h [E.
F.
] F.
n d d i = = o h (1) "energy storage system" means methods and l ] b ,d i a º e technologies used to store electricity;
(1) "energy storage system" means methods and technologies used to store electricity;
and r i = r t e w d m a n o (2) "mutual domestic water consumer d m :
and (2) "mutual domestic water consumer association" means an association created and organized pursuant to the provisions of:
b e d s º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k m e - 17 - e a n e d r e l u [ A d association" means an association created and organized pursuant to the provisions of:
or (b) the Sanitary Projects Act." - 18 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
or (b) the Sanitary Projects Act." SB 170 Page 17 25
b r e t º o t n = .229185.5SAAIC March 18, 2025 (7:49pm) s k em e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. Senate concurred in House amendments

  3. passed House

  4. DO PASS committee report adopted

  5. DO PASS, as amended, committee report adopted

  6. Sent to House Commerce & Economic Development Committee & House Appropriations & Finance Committee

  7. passed Senate

  8. floor substitute adopted (1 amendment)

  9. DO PASS, as amended, committee report adopted

  10. DO PASS, as amended, committee report adopted

  11. Sent to Senate Tax, Business and Transportation Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 108 not signed on · 9 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

house passage

Passed 68 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 38002
Republican 24000
Unaffiliated 6000
Total 68002
% of votes cast 97%0%0%3%
How each member voted (70)
Member Party Vote
Romero, GA — Yea
De La Cruz — Yea
Hernandez J.N. — Yea
Hernandez, J.F. — Yea
Roybal Caballero — Yea
Sena Cortez — Yea
Andrea Romero Democrat Yea
Angelica Rubio Democrat Yea
Anita Gonzales Democrat Yea
Charlotte Little Democrat Yea
Christine Chandler Democrat Yea
Cristina Parajón Democrat Yea
Cynthia Borrego Democrat Yea
D. Wonda Johnson Democrat Yea
Dayan Hochman-Vigil Democrat Yea
Debra M. Sariñana Democrat Not Voting
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Yea
E. Diane Torres-Velásquez Democrat Yea
Eleanor Chávez Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
Janelle Anyanonu Democrat Yea
Javier Martínez Democrat Yea
Joanne J. Ferrary Democrat Yea
Joseph Sanchez Democrat Yea
Joy Garratt Democrat Yea
Kathleen Cates Democrat Yea
Kristina Ortez Democrat Yea
Linda Serrato Democrat Yea
Marian Matthews Democrat Yea
Marianna Anaya Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Meredith A. Dixon Democrat Yea
Micaela Lara Cadena Democrat Yea
Michelle Paulene Abeyta Democrat Yea
Miguel P. García Democrat Yea
Nathan P. Small Democrat Yea
Pamelya Herndon Democrat Yea
Patricia A. Lundstrom Democrat Yea
Raymundo Lara Democrat Yea
Reena Szczepanski Democrat Yea
Sarah Silva Democrat Yea
Susan K. Herrera Democrat Not Voting
Tara L. Lujan Democrat Yea
Yanira Gurrola Democrat Yea
Alan T. Martinez Republican Yea
Andrea Reeb Republican Yea
Angelita Mejia Republican Yea
Brian G. Baca Republican Yea
Catherine J. Cullen Republican Yea
Cathrynn N. Brown Republican Yea
Gail Armstrong Republican Yea
Harlan Vincent Republican Yea
Jack Chatfield Republican Yea
Jenifer Jones Republican Yea
Jimmy G. Mason Republican Yea
John Block Republican Yea
Jonathan A. Henry Republican Yea
Luis M. Terrazas Republican Yea
Mark B. Murphy Republican Yea
Mark Duncan Republican Yea
Martin R. Zamora Republican Yea
Nicole Chavez Republican Yea
Randall T. Pettigrew Republican Yea
Rebecca Dow Republican Yea
Rod Montoya Republican Yea
Stefani Lord Republican Yea
Tanya Mirabal Moya Republican Yea
William A. Hall II Republican Yea

Official roll call →

senate passage

Passed 31 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 16900
Republican 14001
Unaffiliated 1100
Total 311001
% of votes cast 74%24%0%2%
How each member voted (42)
Member Party Vote
PAUL — Yea
SEDILLO-LOPEZ — Nay
Angel M. Charley Democrat Yea
Antoinette Sedillo Lopez Democrat Nay
Antonio Maestas Democrat Yea
Benny Shendo, Jr. Democrat Yea
Carrie Hamblen Democrat Yea
Cindy Nava Democrat Yea
Elizabeth "Liz" Stefanics Democrat Nay
George K. Muñoz Democrat Yea
Harold Pope Democrat Nay
Heather Berghmans Democrat Yea
Jeff Steinborn Democrat Nay
Joseph Cervantes Democrat Yea
Katy Duhigg Democrat Nay
Leo Jaramillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martin Hickey Democrat Yea
Micaelita Debbie O'Malley Democrat Nay
Michael Padilla Democrat Yea
Mimi Stewart Democrat Nay
Natalie Figueroa Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Roberto "Bobby" J. Gonzales Democrat Yea
Shannon D. Pinto Democrat Nay
William P. Soules Democrat Nay
Anthony L. Thornton Republican Yea
Candy Spence Ezzell Republican Yea
Craig W. Brandt Republican Yea
Crystal Brantley Republican Yea
David M. Gallegos Republican Yea
Gabriel Ramos Republican Yea
James G. Townsend Republican Yea
Jay C. Block Republican Not Voting
Joshua A. Sanchez Republican Yea
Larry R. Scott Republican Yea
Nicole Tobiassen Republican Yea
Pat Boone Republican Yea
Pat Woods Republican Yea
Steve D. Lanier Republican Yea
William E. Sharer Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 170?
SB 170 is sponsored by Joy Garratt (Democrat), Meredith A. Dixon (Democrat), Michael Padilla (Democrat), and Hernandez, J.F..
What is the current status of SB 170?
This bill has been enacted into law. Introduced January 28, 2025. Enacted.
Where can I track SB 170?
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