A. A state agency entering into a guaranteed utility savings contract with a qualified provider shall, no later than thirty days after the close of the fiscal year, furnish the energy, minerals and natural resources department a consumption and savings report, in a format established jointly by that department and the department of finance and administration, that estimates any cost savings resulting from the implementation of the guaranteed utility savings contract during the fiscal year. The report shall include:

(1) the name or description of each facility or major utility system covered by the report;

(2) utility account numbers;

(3) a record of monthly consumption of water or energy by fuel type; and

(4) a record of monthly per-unit cost of water or energy by fuel type.

B. If the consumption and savings report for a state agency shows a utility cost savings or conservation-related cost savings at the end of the fiscal year that resulted from implementation of a guaranteed utility savings contract and causes an unexpended and unencumbered balance in the agency's utility line item, and if the utility cost savings or conservation-related cost savings has not been pledged for payments pursuant to the guaranteed utility savings contract, the dollar amount of the utility cost savings or conservation-related cost savings shall be carried over as a reserved designated fund balance to the subsequent fiscal year.

C. Beginning the year after the energy or water conservation measures are implemented, and until any alternative financing for a guaranteed utility savings contract is repaid, or for a period of no more than twenty-five years, whichever is less, all utility budgets and appropriations for the state agency shall be based on:

(1) the energy or water consumption levels, or both, before the energy or water conservation measures were implemented;

(2) the same allowance for escalation or decrease of utility costs given state agencies that did not participate in a guaranteed utility savings contract; and

(3) any adjustments for acquisitions, expansions, sale or disposition of state agency facilities.

D. At the end of the repayment period for the guaranteed utility savings contract, or twenty-five years, whichever is less, new budgets or appropriations for utilities shall again be based upon actual utility consumption.

E. Upon carryover of the dollar amount of utility cost savings or conservation-related cost savings as a reserved designated fund balance to the subsequent fiscal year, state agencies may submit a budget adjustment request to use those funds for the following purposes:

(1) up to one hundred percent of the funds may be used for additional energy or water conservation measures or for payment of guaranteed utility savings contracts; and

(2) after encumbrances for additional energy or water conservation measures or for payment of guaranteed utility savings contracts have been made, up to fifty percent of the remaining funds may be used for purposes consistent with the duties and responsibilities assigned to the state agency, while the remaining funds shall revert to the appropriate fund.

F. For the purposes of this section, "state agency" means an agency, institution or instrumentality of the state of New Mexico. "State agency" does not include a municipality, county or school district.

History: 1978 Comp., § 6-23-6.1, enacted by Laws 1997, ch. 42, § 7; 1999, ch. 257, § 3; 2001, ch. 247, § 6; 2009, ch. 138, § 3.

The 2009 amendment, effective July 1, 2009, in Subsection C, changed "ten" to "twenty-five".

The 2001 amendment, effective June 15, 2001, substituted "water or energy by fuel type" for "water, energy by fuel type, or both" in Subsections A(3) and (4); in Subsection B, inserted "cost savings" following "shows a utility", deleted "operating" preceding "cost savings at the end", inserted "and if the utility cost savings or conservation-related cost savings has not been pledged for payments pursuant to the guaranteed utility savings contract", and substituted "the utility cost savings or conservation-related cost" for "the energy, water or conservation-related operating cost"; substituted "energy or water conservation" for "utility cost savings and conservation-related operating costs" in Subsection C; in Subsection E, substituted "utility cost savings" for "energy, water", deleted "operating" following "conservation-related", deleted "or both" following "water conservation measures" in Subsections E (1) and (2), substituted "appropriate fund" for "general fund" at the end of Subsection E(2); and deleted "eligible to receive income from lands granted for the use of certain institutions and deposited in income funds pursuant to Section 19-1-17 NMSA 1978" following "New Mexico" in Subsection F.

The 1999 amendment, effective June 18, 1999, in Subsection B deleted "the department of finance and administration shall carry forward" following "line item", and inserted "shall be carried over", and in Subsection E inserted "or for payment of guaranteed utility savings contracts" in Paragraphs (1) and (2).