N.M. Stat. § 62-17-9
Self-directed programs for customers; exemptions.
A. A large customer shall receive approval for a credit for and equal to the
expenditures that customer has made at its facilities on and after January 1, 2005
toward cost-effective energy efficiency and load management. To receive approval, the
large customer must demonstrate to the reasonable satisfaction of the utility or self-
direct program administrator that its expenditures are cost-effective. Once approved, the
credit may be used to offset up to seventy percent of the tariff rider authorized by the
Efficient Use of Energy Act until the credit is exhausted. Eligible expenditures shall have
a simple payback period of more than one year but less than seven years. Projects that
have received rebates, financial support or other substantial program support from a
utility are not eligible for a credit.
B. A large customer shall receive approval for an exemption to paying seventy
percent of the tariff rider if the customer demonstrates to the reasonable satisfaction of
the utility or self-direct program administrator that it has exhausted all cost-effective
energy efficiency measures at its facility. As used in this section, "cost-effective" means
all measures with a simple payback period of more than one year but less than seven
years.
C. Large customers shall seek and receive approval for credits and exemptions
under this provision from the utility or a commission-approved self-direct program
administrator. Approvals or disapprovals by the utility or administrator shall be subject to
commission review. Any credit not fully utilized in the year it is received shall carry over
to subsequent years. Implementation of credits shall be designed to minimize utility
administrative costs.
D. Except as otherwise provided in this section, projects, expenditures and
exemptions under this section shall be evaluated by an independent program evaluator
using the same measurement and verification standards applying to utility programs,
subject to appropriate protections for confidentiality, by the utility or a commission-
approved self-direct program administrator and reported in the annual report to the
commission pursuant to the Efficient Use of Energy Act.