A. The commission:

(1) shall adopt rules regarding the renewable portfolio standard, including a provision for public utility records and reports; and

(2) may require that a public utility offer its retail customers a voluntary program for purchasing renewable energy that is in addition to electricity provided by the public utility pursuant to the renewable portfolio standard, under rates and terms that are approved by the commission.

B. All renewable energy purchased by a retail customer through an approved voluntary program shall:

(1) have all associated renewable energy certificates retired by the retail customer, or on that customer's behalf, by the public utility, and the certificates shall not be used to meet the public utility's renewable portfolio standard requirements pursuant to Subsection A of Section 62-16-4 NMSA 1978;

(2) be excluded from the total retail sales to New Mexico customers used to determine the renewable portfolio standard requirements pursuant to Subsection A of Section 62-16-4 NMSA 1978; and

(3) not be subject to charges by the public utility to recover costs of complying with the renewable portfolio standard requirements pursuant to Subsection A of Section 62-16-4 NMSA 1978.

History: Laws 2004, ch. 65, § 7; 2019, ch. 65, § 32.

The 2019 amendment, effective June 14, 2019, removed the renewable portfolio standard exemption for all-requirements electric supply contracts, and required that all renewable energy certificates associated with voluntary renewable energy purchase programs be retired by the public utility, be excluded from the total retail sales to New Mexico customers, and not be subject to charges by the public utility; in the section heading, deleted "additional" and added "voluntary programs"; added new subsection designation "A" and redesignated former Subsections A and B as Paragraphs A(1) and A(2), respectively; deleted former Subsection C, which related to a renewable portfolio standard exemption, and added a new Subsection B.