New Mexico Register / Volume XXXV, Issue
20 / October 22, 2024
This
is an amendment to 17.9.573 NMAC, Sections 3, 11 and 15 effective 10/22/2024.
17.9.573.3 STATUTORY AUTHORITY: Paragraph (10) of Subsection B of Section [8-8-4] 62-19-9 and Section 62-16B-7 NMSA 1978.
[17.9.573.3 NMAC - N, 07/12/2022;
A, 10/22/2024]
17.9.573.11 STATEWIDE CAPACITY PROGRAM
CAPS:
A. The [initial]
statewide capacity program
cap, effective November 1, 2024, is [of 200] 300 megawatts
alternating current. This cap does not apply to applications and
projects that have been processed in the commission’s initial application
selection process as such applications and projects remain subject to the
initial cap of 200 megawatts. The
300-megawatt cap will apply to the first selection process to be conducted
after November 1, 2024, and will be in addition to the 200-megawatt cap applied
to the initial selection process, resulting in a total cap of 500 megawatts. The 300-megawatt cap is allocated among the
service territories of the three qualifying utilities according to
addressable market estimations, subject to further refinement, as follows:
(1) public service
company of New Mexico (PNM),
[125] 185 MW;
(2) southwestern public
service company (SPS),
[45] 70 MW; and
(3) El Paso electric company
(EPE), [30] 45 MW.
B. [If,
within one year of the receipt by a utility of the results of an initial
request for proposals for community solar facilities, the initial capacity
cap allocation for that utility
has not been fully committed
by contract,] T[t]he commission may, at
its discretion, [apply the]reallocate the capacity cap among the
territories of the utilities to avoid a significant shortfall of the capacity
actually used vis-ŕ-vis the capacity cap. [unused capacity to another
utility on a showing of the latter utility’s sufficient subscriber demand.]
C. [On or before April
1, 2024, the commission will commence a review of the results of the initial
allocation and subscriber demand for the community solar program and a
proceeding to establish a revised annual statewide capacity program cap and
allocation to be in effect after November 1, 2024.] The commission will review the cap on an annual basis.
[17.9.573.11 NMAC - N, 07/12/2022; A, 10/22/2024]
17.9.573.15 SPECIAL SUBSCRIBER PROVISIONS:
A Low-income customers who are eligible to meet the thirty percent carve
out of Paragraph (3) of Subsection B of Section 62-16B-7
NMSA 1978 may be pre-qualified based on participation in any of the following programs:
(1) medicaid;
(2) Supplemental Nutrition Assistance Program (SNAP);
(3) Low-Income Home Energy
Assistance Program (LIHEAP);
(4) first-time homeowner programs
and housing rehabilitation programs;
(5) living in a low-income/affordable housing
facility; or
(6) state and federal
income tax credit
programs.
B. An entire multi-family affordable housing project
may prequalify its entire load as a low-income
subscriber.
C. A customer who does not qualify under subpart A may [provisionally] qualify
as a low-income subscriber
by signing a self-attestation that the customer’s income and household size
qualify the customer as a low-income subscriber [until the customer provides
sufficient confirming documentation within ninety days of providing the self- attestation.].
D. Low-income service organizations need only fit the special
definition of this term provided
in the community solar act,
Subsection H of Section 62-16-2 NMSA 1978.
E. For the initial period
of the program, the commission shall contract with an experienced service
provider to partner with community
organizations and to manage an outreach program
to attract low-income subscribers to the program.
[17.9.573.15 NMAC - N, 07/12/2022; A, 10/22/2024]