Community energy efficiency development block grant;

program created; rulemaking; report to legislature. A. The "community energy efficiency development program" is created and shall be administered by the division. B. If state or federal funds have been deposited into the community energy efficiency block grant fund, the department shall: (1) adopt rules to: (a) administer the community energy efficiency development program; (b) restrict eligibility for certain funds, if required by the entity that provided the funding to the program; (c) govern the acceptance, evaluation and prioritization of applications submitted by qualified entities for grants made pursuant to the Community Energy Efficiency Development Block Grant Act; (d) determine whether the status of a person or household is low-income; and (e) assess whether the value, rent or estimated mortgage of residential housing is affordable to low-income persons; (2) solicit, review and prioritize community energy efficiency project applications; (3) make grants for community energy efficiency projects from the community energy efficiency development block grant fund; and (4) approve and enter into contracts with grantees to implement selected community energy efficiency projects; provided that the contracts shall include project performance measures, penalties or other provisions that ensure the successful completion of the projects in accordance with Article 9, Section 14 of the constitution of New Mexico and shall require reporting on project performance, energy savings and non-energy benefits resulting from the energy efficiency measures. C. The department shall not be required to carry out the responsibilities in Subsection B of this section in any year that there are insufficient funds available for making grants in the community energy efficiency block grant fund. D. In a year in which state or federal funds have been deposited into the community energy efficiency block grant fund or in which a community energy efficiency project is in operation, the department and the New Mexico mortgage finance authority shall coordinate the work done in the state to implement energy efficiency measures. E. By November 1 of each year in which a community energy efficiency project is in operation, the department shall provide to the interim legislative committee that addresses the status of the development of energy efficiency measures and programs a report on the status of participation in the community energy efficiency development program by people in underserved communities, the types of projects funded by grants made through the program and any recommended changes with respect to the program.