N.M. Stat. » Chapter 62 — Electric, Gas and Water Utilities
New Mexico Statutes

N.M. Stat. § 62-16-1 (2026)

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Chapter 62, Article 16 NMSA 1978 may be cited as the "Renewable Energy Act".

History: Laws 2004, ch. 65, § 1; 2007, ch. 4, § 5.

ANNOTATIONS

The 2007 amendment, effective July 1, 2007, changed the reference from "this act" to Chapter 62, Article 16 NMSA 1978.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2007–2024 · leading case: New Mexico Indus. Energy Consumers v. New Mexico Pub. Reg. Comm'n, 2007-NMSC-053, 168 P.3d 105.
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New Mexico Indus. Energy Consumers v. New Mexico Pub. Reg. Comm'n, 2007-NMSC-053, 168 P.3d 105. · cites it 4× “{1} Pursuant to the Renewable Energy Act (“REA”), NMSA 1978, §§ 62-16-1 to-10 (2004, prior to 2007 amendment), El Paso Electric Company (“EPE”) purchased Renewable Energy Certificates (“RECs”) representing renewable energy generated by Public Service Company of New Mexico…”
New Energy Econ., Inc. v. New Mex. Pub. Reg. Comm'n (In Re Pub. Serv. Co. of New Mex. for Approval to Abandon San Juan Generating Station Units 2), 416 P.3d 277 (N.M. 2018). · cites it 2× “it Three; (5) utilizes existing resources to maintain the reliability of PNM's system; (6) commits PNM to incorporating more renewable energy production in its energy supply and requires PNM (starting in 2020) to acquire solar or wind credits or allowances, which will help…”
New Energy Econ. v. N.M. Pub. Reg. Comm'n, 2018-NMSC-024. · cites it 2× “it Three; (5) utilizes existing resources to maintain the reliability of PNM’s system; (6) commits PNM to incorporating more renewable energy production in its energy supply and requires PNM (starting in 2020) to acquire solar or wind credits or allowances, which will help…”
Pub. Serv. Co. of New Mexico v. New Mexico Pub. Reg. Comm'n, 444 P.3d 460 (N.M. 2019). “*489 {115} Section 62-16-4 (2014) of the New Mexico Renewable Energy Act, NMSA 1978, Sections 62-16-1 to -10 (2004, as amended through 2014) directs the Commission to apply differential rates to promote the development of renewable energy.”
Pub. Serv. Co. of N.M. v. N.M. Pub. Reg. Comm'n, 2019-NMSC-012. “{115} Section 62-16-4 (2014) of the New Mexico Renewable Energy Act, NMSA 1978, Sections 62-16-1 to -10 (2004, as amended through 2014) directs the Commission to apply differential rates to promote the development of renewable energy.”
N.M. Att'y. Gen. v. N.M. Pub. Reg. Comm'n., 2015-NMSC-032. · cites it 3× “ffirm the PRC because (1) SPS is entitled to earn a reasonable rate of return on the investor-funded prepaid pension asset, and (2) SPS may recover its renewable energy costs in excess of the large customer cap from non-capped customers because such a recovery mechanism is the…”
New Mexico Attorney Gen. v. New Mexico Pub. Reg. Comm'n, 2015-NMSC-032, 8 N.M. Ct. App. 714. · cites it 3× “ffirm the PRC because (1) SPS is entitled to earn a reasonable rate of return on the investor-funded prepaid pension asset, and (2) SPS may recover its renewable energy costs in excess of the large customer cap from non-capped customers because such a recovery mechanism is the…”
N.M. Indus. Energy Consumers v. N.M. Pub. Reg. Comm'n, 2019-NMSC-015. · cites it 2× “{2} PNM submitted an application for the Commission to approve its 2018 Plan in PRC Case No. 17-00129-UT. In its application, PNM sought to demonstrate its compliance with Renewable Energy Act requirements and obtain the Commission’s approval of renewable energy procurements,…”
City of Las Cruces v. N.M. Pub. Reg. Comm'n, 2020-NMSC-016, 476 P.3d 880. “{4} This case concerns an appeal from a final Commission order involving the Renewable Energy Act (Act), NMSA 1978, Sections 62-16-1 to -10 (2004, as amended through 2019).”
City of Las Cruces v. N.M. Pub. Regul. Comm'n (N.M. 2024). · cites it 2× “{1} WHEREAS, this matter having come before the Court upon appeal by the City of Las Cruces (CLC) from a final order of the New Mexico Public Regulation Commission (Commission or PRC) approving the 2022 annual renewable energy procurement plan of the El Paso Electric Company…”
City of Las Cruces v. N.M. Pub. Regul. Comm'n (N.M. 2021). · cites it 2× “{1} Under the Renewable Energy Act (Act), NMSA 1978, §§ 62-16-1 to -10 (2004, as amended through 2021), a public utility must have a certain percentage of its retail sales to electric consumers come from renewable energy.”
El Paso Elec. Co. v. N.M. Pub. Regul. Comm'n, No. S-1-SC-39673, S-1-SC-39676, S-1-SC-39677 (N.M. Dec. 6, 2024). · cites it 2× “In other words, a utility’s successful 2The set of energy statutes referenced by the Commission comprise the Public Utility Act (PUA), NMSA 1978, §§ 62-1-1 to 62-6-28, 62-8-1 to 62-13-16 (1884, as amended through 2021); the Renewable Energy Act (REA), NMSA 1978, §§ 62-16-1 to…”
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