New Mexico 2020 Regular Session Status: In Committee 2 D cosponsors

SB 80 — COMMUNITY SOLAR ACT

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

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

348 added · 363 removed

Plain-language change summary

The bill has been updated to provide customers of qualifying utilities with the option to access community solar programs, specifically targeting low-income residential customers. Additionally, it clarifies that community solar facilities must be owned or operated by a subscriber organization. These changes are significant because they expand access to renewable energy options for low-income residents, helping to promote equity in solar energy usage and potentially lowering energy costs for those who need it the most.

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SENATE BILL 80 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY William P.
SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR SENATE BILL 80 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 4 6 8 10 AN ACT RELATING TO UTILITIES;
Soules and Antoinette Sedillo Lopez 6 8 10 AN ACT RELATING TO UTILITIES;
"commission" means the public regulation .215912.2 commission;
"commission" means the public regulation .217700.1 SCONC/SB 80 commission;
m m 21 e d r e 22 G.
m m 21 e d G.
"low-income customer" means a residential c e r c 23 customer of a qualifying utility who is enrolled in one or more e a n b 24 of the following types of public assistance:
"low-income customer" means a residential r e 22 c e r c 23 customer of a qualifying utility who is enrolled in one or more e a n b 24 of the following types of public assistance:
.215912.2 - 2 - (2) general assistance;
.217700.1 - 2 - SCONC/SB 80 (2) general assistance;
"subscriber organization" means an entity, m m 21 e d r e 22 including a municipality, county, Indian nation, tribe or c e r c 23 pueblo, a for-profit or nonprofit entity or organization e a n b 24 authorized to transact business in New Mexico or within the u [ jurisdiction of an Indian nation, tribe or pueblo located in .215912.2 - 3 - New Mexico or a partnership of entities, that owns or operates a community solar facility;
"subscriber organization" means an entity, m m 21 e d including a municipality, county, Indian nation, tribe or r e 22 c e r c 23 pueblo, a for-profit or nonprofit entity or organization e a n b 24 authorized to transact business in New Mexico or within the u [ jurisdiction of an Indian nation, tribe or pueblo located in .217700.1 - 3 - SCONC/SB 80 New Mexico or a partnership of entities, that owns or operates a community solar facility;
a l r i 20 (2) no single subscriber shall be allocated or t e a t acquire more than a sixty percent interest in the capacity of a m m 21 e d r e 22 community solar facility;
a l r i 20 (2) no single subscriber shall be allocated or t e a t acquire more than a sixty percent interest in the capacity of a m m 21 e d community solar facility;
and c e r c 23 (3) a community solar facility shall not be e a n b 24 co-located with another community solar facility on a single u [ parcel or contiguous parcels of land if the nameplate rating of .215912.2 - 4 - ten megawatts is exceeded in the aggregate.
and r e 22 c e r c 23 (3) a community solar facility shall not be e a n b 24 co-located with another community solar facility on a single u [ parcel or contiguous parcels of land if the nameplate rating of .217700.1 - 4 - SCONC/SB 80 ten megawatts is exceeded in the aggregate.
C.
Energy storage may be co-located with a community solar facility.
[NEW MATERIAL ] OWNERSHIP OF COMMUNITY SOLAR FACILITIES--SUBSCRIBER ORGANIZATIONS.-- A.
[NEW MATERIAL ] OWNERSHIP OF COMMUNITY SOLAR FACILITIES--SUBSCRIBER ORGANIZATIONS.--A community solar facility shall be owned or operated by a subscriber organization.
A community solar facility shall be owned or operated by a subscriber organization.
B.
A subscriber organization may enter into construction agreements, leases, sale-and-leaseback transactions, operating agreements or other ownership and operating arrangements with third parties relative to community solar facilities.
(1) represent at least one kilowatt of the e e 17 community solar facility's generating capacity;
(1) represent at least one kilowatt of the community solar facility's generating capacity;
and e e n d 18 (2) supply no more than one hundred twenty = = l ] 19 percent of the previous year's consumption of electricity by a l r i 20 the subscriber at the physical retail location to which the t e a t subscription is attributed, with a deduction for the amount of m m 21 e d r e 22 any existing solar facilities located at the physical retail c e r c 23 location;
and (2) supply no more than one hundred twenty percent of the previous year's consumption of electricity by the subscriber at the physical location to which the subscription is attributed, with a deduction for the amount of any existing solar facilities located at the physical location;
e a n b 24 B.
and e e 17 B.
identify one or more retail locations in the u [ service territory of the qualifying utility to which the .215912.2 - 5 - subscription is attributed;
state the per kilowatt rate to be paid by the e e n d 18 subscriber for the nameplate capacity of the community solar = = l ] 19 facility allocated to the subscriber.
and C.
a l r i 20 SECTION 6.
state the per kilowatt rate to be paid by the subscriber for the nameplate capacity of the community solar facility allocated to the subscriber.
[NEW MATERIAL ] NOT SUBJECT TO COMMISSION t e a t REGULATION.-- m m 21 e d r e 22 A.
SECTION 6.
Subscriber organizations, or the subscribers to c e r c 23 a community solar facility, shall not be considered public e a n b 24 utilities subject to regulation by the commission under the u [ Public Utility Act solely as a result of their ownership .217700.1 - 5 - SCONC/SB 80 interest in, operation of or subscription to a community solar facility.
[NEW MATERIAL ] NOT SUBJECT TO COMMISSION REGULATION.-- A.
Subscriber organizations, or the subscribers to a community solar facility, shall not be considered public utilities subject to regulation by the commission under the Public Utility Act solely as a result of their ownership interest in, operation of or subscription to a community solar facility.
[NEW MATERIAL ] ACQUISITION OF OUTPUT FROM COMMUNITY SOLAR FACILITIES--BILL CREDIT--UNSUBSCRIBED e e 17 OUTPUT--COST RECOVERY--RENEWABLE ENERGY CERTIFICATES.-- e e n d 18 A.
[NEW MATERIAL ] ACQUISITION OF OUTPUT FROM COMMUNITY SOLAR FACILITIES--BILL CREDIT--UNSUBSCRIBED OUTPUT--COST RECOVERY--RENEWABLE ENERGY CERTIFICATES.-- A.
= = l ] 19 (1) acquire the entire output of a community a l r i 20 solar facility interconnected to its distribution system;
(1) acquire the entire output of a community solar facility interconnected to its distribution system;
t e a t (2) provide a community solar bill credit to a m m 21 e d r e 22 subscriber's monthly electric bill for the proportional output c e r c 23 of a community solar facility attributable to that subscriber e a n b 24 for the previous month.
(2) provide a community solar bill credit to a subscriber's monthly electric bill for the proportional output of a community solar facility attributable to that subscriber for the previous month.
The value of the community solar bill u [ credit for the subscriber shall be calculated by multiplying .215912.2 - 6 - the subscriber's portion of the kilowatt-hour electricity production from the community solar facility by the applicable community solar bill credit rate for the subscriber.
The value of the community solar bill credit for the subscriber shall be calculated by multiplying the subscriber's portion of the kilowatt-hour electricity e e 17 production from the community solar facility by the applicable e e n d 18 community solar bill credit rate for the subscriber.
The utility shall apply community solar bill credits to subscriber bills within one billing cycle of that in which the energy was generated by the community solar facility.
The = = l ] 19 utility shall apply community solar bill credits to subscriber a l r i 20 bills within one billing cycle of that in which the energy was t e a t generated by the community solar facility.
Any amount of a community solar bill credit that exceeds a subscriber's monthly electric bill shall be handled in accordance with the procedures for crediting a customer for excess output from an interconnected renewable energy distributed generation facility;
Any amount of a m m 21 e d community solar bill credit that exceeds a subscriber's monthly r e 22 c e r c 23 electric bill shall be handled in accordance with the e a n b 24 procedures for crediting a customer for excess output from an u [ interconnected renewable energy distributed generation .217700.1 - 6 - SCONC/SB 80 facility;
and (4) on a monthly basis and in a standardized e e 17 electronic format, provide to the subscriber organization a e e n d 18 report indicating the total value of community solar bill = = l ] 19 credits generated by the community solar facility in the prior a l r i 20 month and the amount of the community solar bill credits t e a t applied to each subscriber.
and (4) on a monthly basis and in a standardized electronic format, provide to the subscriber organization a report indicating the total value of community solar bill credits generated by the community solar facility in the prior month and the amount of the community solar bill credits applied to each subscriber.
m m 21 e d r e 22 B.
B.
c e r c 23 (1) provide a qualifying utility with e a n b 24 real-time production data to facilitate acceptance and u [ integration of the electricity output of a community solar .215912.2 - 7 - facility into the qualifying utility's distribution system and to facilitate the provision of community solar bill credits to subscribers;
(1) provide a qualifying utility with real-time production data to facilitate acceptance and integration of the electricity output of a community solar facility into the qualifying utility's distribution system and e e 17 to facilitate the provision of community solar bill credits to e e n d 18 subscribers;
and (2) on a monthly basis and in a standardized electronic format, provide to the qualifying utility a list indicating the kilowatt hours of generation attributable to each subscriber.
and = = l ] 19 (2) on a monthly basis and in a standardized a l r i 20 electronic format, provide to the qualifying utility a list t e a t indicating the kilowatt hours of generation attributable to m m 21 e d each subscriber.
Subscriber lists shall be updated monthly to reflect canceling subscribers and new subscribers.
Subscriber lists shall be updated monthly to r e 22 c e r c 23 reflect canceling subscribers and new subscribers.
C.
e a n b 24 C.
A subscriber organization may accumulate community solar bill credits in the event that all of the electricity generated by a community solar facility is not allocated to subscribers in a given month.
A subscriber organization may accumulate u [ community solar bill credits in the event that all of the .217700.1 - 7 - SCONC/SB 80 electricity generated by a community solar facility is not allocated to subscribers in a given month.
A qualifying utility and subscriber organization e e 17 may agree that the subscriber organization provide the per e e n d 18 kilowatt subscription rate and contractual terms of each = = l ] 19 subscription for purposes of billing a subscriber for the a l r i 20 subscription price;
A qualifying utility and subscriber organization may agree that the subscriber organization provide the per kilowatt subscription rate and contractual terms of each subscription for purposes of billing a subscriber for the subscription price;
provided that in no case shall the t e a t provision of subscription rates and contractual terms be a m m 21 e d r e 22 prerequisite for either the qualifying utility or the c e r c 23 subscriber organization for interconnection or other e a n b 24 requirements of the Community Solar Act.
provided that in no case shall the provision of subscription rates and contractual terms be a prerequisite for either the qualifying utility or the subscriber organization for interconnection or other requirements of the Community Solar Act.
u [ E.
E.
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Renewable energy certificates associated with a .215912.2 - 8 - community solar facility shall be the property of the qualifying utility to which the community solar facility is interconnected.
Renewable energy certificates associated with a community solar facility shall be the property of the e e 17 qualifying utility to which the community solar facility is e e n d 18 interconnected.
SECTION 8.
= = l ] 19 SECTION 8.
[NEW MATERIAL ] PUBLIC REGULATION COMMISSION-- RULEMAKING--REPORTS.-- A.
[NEW MATERIAL ] PUBLIC REGULATION COMMISSION-- a l r i 20 RULEMAKING--REPORTS.-- t e a t A.
The commission shall adopt rules to establish a community solar program by no later than January 1, 2021.
The commission shall adopt rules to establish a m m 21 e d community solar program by no later than January 1, 2021.
The rules shall:
The r e 22 c e r c 23 rules shall:
(1) require a qualifying utility to file the tariffs, agreements or forms necessary for implementation of the community solar program;
e a n b 24 (1) require a qualifying utility to file the u [ tariffs, agreements or forms necessary for implementation of .217700.1 - 8 - SCONC/SB 80 the community solar program;
(2) reasonably allow for the creation and financing of community solar facilities;
(2) allow a qualifying utility to establish an annual cap on new community solar installations of no less than five megawatts per year or five percent of the qualifying utility's peak demand in New Mexico per year, whichever is greater;
(3) allow all customer classes to participate in the community solar program and ensure participation opportunities for all customer classes.
(3) reasonably allow for the transferability and portability of subscriptions, including allowing a subscriber to retain a subscription to a community solar facility if the subscriber moves within the same qualifying utility territory;
A customer shall not e e 17 be removed from its otherwise applicable customer class in e e n d 18 order to subscribe to a community solar facility;
(4) establish uniform standards, fees and processes for the interconnection of community solar facilities that allow a qualifying utility to recover reasonable interconnection costs for each community solar facility;
= = l ] 19 (4) allow a qualifying utility to establish an a l r i 20 annual cap on new community solar installations of no less than t e a t five megawatts per year or five percent of the qualifying m m 21 e d r e 22 utility's peak demand in New Mexico per year, whichever is c e r c 23 greater;
and (5) allow a qualifying utility to recover e e 17 reasonable costs of administering the community solar program.
e a n b 24 (5) reasonably allow for the transferability u [ and portability of subscriptions, including allowing a .215912.2 - 9 - subscriber to retain a subscription to a community solar facility if the subscriber moves within the same qualifying utility territory;
e e n d 18 B.
(6) establish uniform standards, fees and processes for the interconnection of community solar facilities that allow a qualifying utility to recover reasonable interconnection costs for each community solar facility;
By no later than November 1, 2023, the = = l ] 19 commission shall provide a report to the appropriate interim a l r i 20 legislative committee that addresses energy issues.
(7) provide for consumer protection in accordance with existing laws;
The report t e a t shall address the status of the development of community solar m m 21 e d facilities in accordance with the Community Solar Act, r e 22 c e r c 23 including the status of participation by low-income customers e a n b 24 and low-income service organizations in each qualifying u [ utility's community solar program, the effectiveness of the .217700.1 - 9 - SCONC/SB 80 commission's rules to implement the Community Solar Act and any recommended changes.
(8) allow a qualifying utility to recover reasonable costs of administering the community solar program;
(9) ensure non-discriminatory and efficient requirements and procedures for interconnecting community solar facilities;
(10) include a community solar program implementation schedule;
and e e 17 (11) establish a reasonable process, e e n d 18 commencing no later than two years after the commission's = = l ] 19 adoption of rules pursuant to this section, for the commission a l r i 20 to review, on at least a biennial basis, the status of the t e a t development of community solar facilities, including the status m m 21 e d r e 22 of participation by low-income customers and low-income service c e r c 23 organizations in each qualifying utility's community solar e a n b 24 program.
Interested persons shall be provided with the u [ opportunity to submit comments to the commission concerning the .215912.2 - 10 - effectiveness of its rules to implement the Community Solar Act.
B.
By no later than November 1, 2023, the commission shall provide a report to the appropriate interim legislative committee that addresses energy issues.
The report shall address the status of the development of community solar facilities in accordance with the Community Solar Act, including the status of participation by low-income customers and low-income service organizations in each qualifying utility's community solar program, the effectiveness of the commission's rules to implement the Community Solar Act and any recommended changes.
Within one hundred eighty days of finalization of the commission's rules for the community solar program, a qualifying utility shall begin crediting the subscriber accounts of each community solar facility interconnected in its e e 17 service territory.
Within one hundred eighty days of finalization of the commission's rules for the community solar program, a qualifying utility shall begin crediting the subscriber accounts of each community solar facility interconnected in its service territory.
e e n d 18 SECTION 9.
SECTION 9.
[NEW MATERIAL ] UTILITY LOADS AND RESOURCES = = l ] 19 TABLES--INTEGRATED RESOURCE PLANS.--A qualifying utility shall:
[NEW MATERIAL ] UTILITY LOADS AND RESOURCES TABLES--INTEGRATED RESOURCE PLANS.--A qualifying utility shall:
a l r i 20 A.
A.
include and address the effects of the t e a t development of community solar facilities pursuant to the m m 21 e d r e 22 Community Solar Act in its loads and resources tables, c e r c 23 integrated resource planning processes and integrated resource e a n b 24 plans;
include and address the effects of the development of community solar facilities pursuant to the Community Solar Act in its loads and resources tables, integrated resource planning processes and integrated resource plans;
and u [ B.
and B.
notify the commission and participants in the .215912.2 - 11 - commission's public advisory process, in accordance with the commission's applicable integrated resource plan rules, of the development of community solar facilities pursuant to the Community Solar Act that would have the effect of changing the results of the utility's most recent integrated resource plan filed with the commission.
notify the commission and participants in the commission's public advisory process, in accordance with the e e 17 commission's applicable integrated resource plan rules, of the e e n d 18 development of community solar facilities pursuant to the = = l ] 19 Community Solar Act that would have the effect of changing the a l r i 20 results of the utility's most recent integrated resource plan t e a t filed with the commission.
SECTION 10.
m m 21 e d SECTION 10.
[NEW MATERIAL ] RURAL ELECTRIC DISTRIBUTION COOPERATIVES.-- A.
[NEW MATERIAL ] RURAL ELECTRIC DISTRIBUTION r e 22 c e r c 23 COOPERATIVES.-- e a n b 24 A.
A rural electric distribution cooperative may request of the commission an exemption from participation in the community solar program for a period of up to five years.
A rural electric distribution cooperative may u [ request of the commission an exemption from participation in .217700.1 - 10 - SCONC/SB 80 the community solar program for a period of up to five years.
(1) demonstrates that it is limited in its ability to participate in the program because of the amount of contracted generation on its system and the limits imposed by e e 17 those contracts;
(1) demonstrates that it is limited in its ability to participate in the program because of the amount of contracted generation on its system and the limits imposed by those contracts;
or e e n d 18 (2) provides other reasons for its inability = = l ] 19 to accommodate community solar facilities and the commission a l r i 20 finds the reasons compelling.
or (2) provides other reasons for its inability to accommodate community solar facilities and the commission finds the reasons compelling.
t e a t B.
A rural electric distribution cooperative that m m 21 e d r e 22 intends to opt out of participation in the community solar c e r c 23 program shall apply for an exemption prior to April 1, 2021.
e a n b 24 SECTION 11.
[NEW MATERIAL ] COMMUNITY SOLAR ENERGY u [ ASSISTANCE FUND--CREATED--PURPOSE.-- .215912.2 - 12 - A.
The "community solar energy assistance fund" is created as a nonreverting fund in the state treasury.
The fund consists of gifts, grants, donations and appropriations.
The energy, minerals and natural resources department shall administer the fund, and money in the fund is appropriated to the energy, minerals and natural resources department to assist low-income customers in subscribing to the capacity of a community solar facility as provided in this section.
Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.
A rural electric distribution cooperative that intends to opt out of participation in the community solar program shall apply for an exemption prior to April 1, 2021.
SECTION 11.
[NEW MATERIAL ] COMMUNITY SOLAR ENERGY ASSISTANCE FUND--CREATED--PURPOSE.-- A.
The "community solar energy assistance fund" is e e 17 created as a nonreverting fund in the state treasury.
The fund e e n d 18 consists of gifts, grants, donations and appropriations.
The = = l ] 19 energy, minerals and natural resources department shall a l r i 20 administer the fund, and money in the fund is appropriated to t e a t the energy, minerals and natural resources department to assist m m 21 e d low-income customers in subscribing to the capacity of a r e 22 c e r c 23 community solar facility as provided in this section.
e a n b 24 Disbursements from the fund shall be made by warrant of the u [ secretary of finance and administration pursuant to vouchers .217700.1 - 11 - SCONC/SB 80 signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.
B.
e e 17 C.
C.
The energy, minerals and natural resources e e n d 18 department shall establish processes for:
The energy, minerals and natural resources department shall establish processes for:
= = l ] 19 (1) low-income customers and low-income a l r i 20 service organizations to apply for funds from the community t e a t solar energy assistance fund;
(1) low-income customers and low-income service organizations to apply for funds from the community solar energy assistance fund;
and m m 21 e d r e 22 (2) dispersal of the community solar energy c e r c 23 assistance fund.
and (2) dispersal of the community solar energy assistance fund.
Priority shall be given to those applications e a n b 24 that include matching gifts, grants or donations from u [ organizations or local governments that seek to make solar .215912.2 - 13 - energy accessible to low-income customers.
Priority shall be given to those applications that include matching gifts, grants or donations from organizations or local governments that seek to make solar energy accessible to low-income customers.
SECTION 12.
e e 17 SECTION 12.
Section 62-16-5 NMSA 1978 (being Laws 2004, Chapter 65, Section 5, as amended) is amended to read:
Section 62-16-5 NMSA 1978 (being Laws 2004, e e n d 18 Chapter 65, Section 5, as amended) is amended to read:
"62-16-5.
= = l ] 19 "62-16-5.
RENEWABLE ENERGY CERTIFICATES--COMMISSION DUTIES.-- A.
RENEWABLE ENERGY CERTIFICATES--COMMISSION a l r i 20 DUTIES.-- t e a t A.
(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 regional system or trading program for any region in which a public utility is located;
m m 21 e d (1) a system of renewable energy certificates r e 22 c e r c 23 that can be used by a public utility to establish compliance e a n b 24 with the renewable portfolio standard and that may include u [ certificates that are monitored, accounted for or transferred .217700.1 - 12 - SCONC/SB 80 by or through a regional system or trading program for any region in which a public utility is located;
e e 17 (1) are owned by the generator of the e e n d 18 renewable energy unless:
(1) are owned by the generator of the renewable energy unless:
= = l ] 19 (a) the renewable energy certificates a l r i 20 are transferred to the purchaser of the electricity through t e a t specific agreement with the generator;
(a) the renewable energy certificates are transferred to the purchaser of the electricity through specific agreement with the generator;
m m 21 e d r e 22 (b) the generator is a qualifying c e r c 23 facility, as defined by the federal Public Utility Regulatory e a n b 24 Policies Act of 1978, or a community solar facility in which u [ case the renewable energy certificates are owned by the public .215912.2 - 14 - utility purchaser of the renewable energy;
(b) the generator is a qualifying facility, as defined by the federal Public Utility Regulatory Policies Act of 1978, or a community solar facility in which case the renewable energy certificates are owned by the public utility purchaser of the renewable energy;
or (c) a contract for the purchase of renewable energy is in effect prior to July 1, 2019, in which case the renewable energy certificates are owned by the purchaser of the electricity for the term of such contract, unless otherwise agreed to in a contract approved by the commission;
or e e 17 (c) a contract for the purchase of e e n d 18 renewable energy is in effect prior to July 1, 2019, in which = = l ] 19 case the renewable energy certificates are owned by the a l r i 20 purchaser of the electricity for the term of such contract, t e a t unless otherwise agreed to in a contract approved by the m m 21 e d commission;
(2) may be traded, sold or otherwise transferred by their owner, unless the certificates are from a rate-based public utility plant, in which case the entirety of the renewable energy certificates from that plant shall be retired by the utility on behalf of itself or its customers.
r e 22 c e r c 23 (2) may be traded, sold or otherwise e a n b 24 transferred by their owner, unless the certificates are from a u [ rate-based public utility plant, in which case the entirety of .217700.1 - 13 - SCONC/SB 80 the renewable energy certificates from that plant shall be retired by the utility on behalf of itself or its customers.
Any contract to purchase renewable energy entered into by a public utility on or after July 1, 2019 shall include conveyance to the purchasing utility of all renewable energy certificates, and the entirety of those certificates shall be e e 17 retired by that utility on behalf of itself or its customers or e e n d 18 subsequently transferred to a retail customer for retirement = = l ] 19 under a voluntary program for purchasing renewable energy a l r i 20 approved by the commission.
Any contract to purchase renewable energy entered into by a public utility on or after July 1, 2019 shall include conveyance to the purchasing utility of all renewable energy certificates, and the entirety of those certificates shall be retired by that utility on behalf of itself or its customers or subsequently transferred to a retail customer for retirement under a voluntary program for purchasing renewable energy approved by the commission.
A utility shall not claim that it t e a t is providing renewable energy from generation resources for m m 21 e d r e 22 which it has traded, sold or transferred the associated c e r c 23 renewable energy certificates.
A utility shall not claim that it is providing renewable energy from generation resources for which it has traded, sold or transferred the associated renewable energy certificates.
The commission shall not e a n b 24 disallow the recovery of the cost associated with any expired u [ renewable energy certificate.
The commission shall not disallow the recovery of the cost associated with any expired renewable energy certificate.
The public utility shall .215912.2 - 15 - annually file a report with the commission discussing:
The public utility shall annually file a report with the commission discussing:
(a) its use, sale, trading or transfer of renewable energy certificates;
e e 17 (a) its use, sale, trading or transfer e e n d 18 of renewable energy certificates;
and (b) whether and how its public claims of renewable energy generation account for renewable energy certificates that it has traded, sold or transferred;
and = = l ] 19 (b) whether and how its public claims of a l r i 20 renewable energy generation account for renewable energy t e a t certificates that it has traded, sold or transferred;
(3) that are used for the purpose of meeting the renewable portfolio standard shall be registered with a renewable energy generation information system that is designed to create and track ownership of renewable energy certificates and that, through the use of independently audited generation data, verifies the generation and delivery of electricity associated with each renewable energy certificate and protects against multiple counting of the same renewable energy certificate;
m m 21 e d (3) that are used for the purpose of meeting r e 22 c e r c 23 the renewable portfolio standard shall be registered with a e a n b 24 renewable energy generation information system that is designed u [ to create and track ownership of renewable energy certificates .217700.1 - 14 - SCONC/SB 80 and that, through the use of independently audited generation data, verifies the generation and delivery of electricity associated with each renewable energy certificate and protects against multiple counting of the same renewable energy certificate;
and (4) may be carried forward for up to four e e 17 years from the date of issuance to establish compliance with e e n d 18 the renewable portfolio standard, after which they shall be = = l ] 19 deemed retired by the public utility.
and (4) may be carried forward for up to four years from the date of issuance to establish compliance with the renewable portfolio standard, after which they shall be deemed retired by the public utility.
a l r i 20 C.
C.
A public utility shall be responsible for t e a t demonstrating that a renewable energy certificate used for m m 21 e d r e 22 compliance with the renewable portfolio standard is derived c e r c 23 from eligible renewable energy resources." e a n b 24 SECTION 13.
A public utility shall be responsible for demonstrating that a renewable energy certificate used for compliance with the renewable portfolio standard is derived from eligible renewable energy resources." SECTION 13.
Section 62-17-10 NMSA 1978 (being Laws 2005, u [ Chapter 341, Section 10) is amended to read:
Section 62-17-10 NMSA 1978 (being Laws 2005, Chapter 341, Section 10) is amended to read:
.215912.2 - 16 - "62-17-10.
"62-17-10.
INTEGRATED RESOURCE PLANNING.--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.
INTEGRATED RESOURCE PLANNING.--Pursuant to the e e 17 commission's rulemaking authority, public utilities supplying e e n d 18 electric or natural gas service to customers shall periodically = = l ] 19 file an integrated resource plan with the commission.
Utility integrated resource plans shall evaluate renewable energy, energy efficiency, load management, distributed generation, community solar facilities and conventional supply-side resources on a consistent and comparable basis and take into consideration risk and uncertainty of fuel supply, price volatility and costs of anticipated environmental regulations in order to identify the most cost-effective portfolio of resources to supply the energy needs of customers.
Utility a l r i 20 integrated resource plans shall evaluate renewable energy, t e a t energy efficiency, load management, distributed generation, m m 21 e d community solar facilities and conventional supply-side r e 22 c e r c 23 resources on a consistent and comparable basis and take into e a n b 24 consideration risk and uncertainty of fuel supply, price u [ volatility and costs of anticipated environmental regulations .217700.1 - 15 - SCONC/SB 80 in order to identify the most cost-effective portfolio of resources to supply the energy needs of customers.
Nothing in this section shall prohibit public utilities from implementing cost-effective energy efficiency and load management programs and the commission from e e 17 approving public utility expenditures on energy efficiency e e n d 18 programs and load management programs prior to the commission = = l ] 19 establishing rules and guidelines for integrated resource a l r i 20 planning.
Nothing in this section shall prohibit public utilities from implementing cost-effective energy efficiency and load management programs and the commission from approving public utility expenditures on energy efficiency programs and load management programs prior to the commission establishing rules and guidelines for integrated resource planning.
The commission may exempt public utilities with t e a t fewer than five thousand customers and distribution-only public m m 21 e d r e 22 utilities from the requirements of this section.
The commission may exempt public utilities with fewer than five thousand customers and distribution-only public utilities from the requirements of this section.
The c e r c 23 commission shall take into account a public utility's resource e a n b 24 planning requirements in other states and shall authorize u [ utilities that operate in multiple states to implement plans .215912.2 - 17 - that coordinate the applicable state resource planning requirements.
The commission shall take into account a public utility's resource planning requirements in other states and shall authorize utilities that operate in multiple states to implement plans that coordinate the applicable state resource planning e e 17 requirements.
The requirements of this section shall take effect one year following the commission's adoption of rules implementing the provisions of this section." SECTION 14.
The requirements of this section shall take e e n d 18 effect one year following the commission's adoption of rules = = l ] 19 implementing the provisions of this section." a l r i 20 SECTION 14.
APPROPRIATION.--Ten million dollars ($10,000,000) is appropriated from the general fund to the community solar energy assistance fund for expenditure in fiscal year 2021 and subsequent fiscal years to carry out the purposes of the fund.
APPROPRIATION.--Ten million dollars t e a t ($10,000,000) is appropriated from the general fund to the m m 21 e d community solar energy assistance fund for expenditure in r e 22 c e r c 23 fiscal year 2021 and subsequent fiscal years to carry out the e a n b 24 purposes of the fund.
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
Any unexpended or unencumbered balance u [ remaining at the end of a fiscal year shall not revert to the .217700.1 - 16 - SCONC/SB 80 general fund.
- 18 - 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .215912.2
- 17 - 4 6 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217700.1
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. germane

  4. Sent to Senate Committees' Committee & Senate Conservation Committee & Senate Finance Committee

  5. Sent to Senate Pre-file

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"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

Subjects

energy
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 80?
SB 80 is sponsored by Antoinette Sedillo Lopez (Democrat) and William P. Soules (Democrat).
What is the current status of SB 80?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 80?
Track SB 80 free on One Click Politics — get push/email alerts when it moves.

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