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Section 62-16B-1 – Short title.

Sections 1 through 9 [8] [62-16B-1 to 62-16B-8 NMSA 1978] of this act may be cited as the “Community Solar Act.” History: Laws 2021, ch. 34, § 1. ANNOTATIONS Bracketed material. — The bracketed material “[8]”, was inserted by the compiler to correct a typographical error and is not part of the law. Effective dates. […]

Section 62-16B-2 – Definitions.

As used in the Community Solar Act: A. “commission” means the public regulation commission; B. “community solar bill credit” means the credit value of the electricity generated by a community solar facility and allocated to a subscriber to offset the subscriber’s electricity bill on the qualifying utility’s monthly billing cycle as required by the Community […]

Section 62-16B-3 – Community solar facility requirements.

A. A community solar facility shall: (1) have a nameplate capacity rating of five megawatts alternating current or less; (2) be located in the service territory of the qualifying utility and be interconnected to the electric distribution system of that qualifying utility; (3) have at least ten subscribers; (4) have the option to be co-located […]

Section 62-16B-4 – Ownership of community solar facilities.

A. A community solar facility shall be owned or operated by a subscriber organization. B. Third-party entities or subscriber organizations developing projects on the land of an Indian nation, tribe, or pueblo are subject to tribal jurisdiction. C. Notwithstanding any provision of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to […]

Section 62-16B-5 – Subscription requirements.

A. A subscription shall be: (1) sized to supply no more than one hundred percent of the subscriber’s average annual electricity consumption; and (2) transferable and portable within the qualifying utility service territory. B. The provisions of this section shall not apply to a native community solar project; provided that subscriptions to a native community […]

Section 62-16B-6 – Community solar program administration.

A. A qualifying utility shall: (1) acquire the entire output of a community solar facility connected to its distribution system; (2) apply community solar bill credits to subscriber bills within one billing cycle following the cycle during which the energy was generated by the community solar facility; (3) provide community solar bill credits to a […]

Section 62-16B-7 – Public regulation commission; rulemaking.

A. The commission shall administer and enforce the rules and provisions of the Community Solar Act, including regulation of subscriber organizations in accordance with the Community Solar Act and oversight and review of the consumer protections established for the community solar program. B. The commission shall adopt rules to establish a community solar program by […]

Section 62-16B-8 – Rural electric distribution cooperatives.

A rural electric distribution cooperative may opt in to the community solar program and provide interconnection and retail electric services to community solar developments on a per-project or system-wide basis within its service territory. The decision of a rural electric distribution cooperative to opt in to the community solar program shall be in the sole […]