SENATE BILL 245

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Jacob Candelaria

AN ACT

RELATING TO UTILITIES; ENACTING A NEW SECTION OF CHAPTER 62, ARTICLE 8 NMSA 1978 TO PROVIDE FOR INFORMATION DISCLOSURE TO CUSTOMERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 62, Article 8 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DISCLOSURE TO CUSTOMERS OF ELECTRICITY PORTFOLIO.--

          A. A public utility furnishing electricity in New Mexico shall disclose to its retail customers the composition of its retail electricity sales by fuel type.

          B. For each fuel type, the public utility shall disclose to customers, based on the generating plants and supply contracts it used to serve its customers during the preceding year:

                (1) the percentage of retail sales attributable to that fuel type;

                (2) the cost to the utility per kilowatt-hour, including costs for capacity;

                (3) carbon dioxide emitted per kilowatt-hour;

                (4) water consumed per kilowatt-hour;

                (5) nitrogen oxide emitted per kilowatt-hour;

                (6) mercury emitted per kilowatt-hour; and

                (7) any other characteristic whose disclosure would serve to inform customers of a significant environmental impact.

          C. For the purposes of this section, the following shall be considered distinct fuel sources: coal, natural gas, oil, hydropower, wind energy, nuclear energy, solar energy, geothermal energy and biomass. Biomass shall include biogas and biofuels. Any fuel source not specified in this subsection shall be identified as other.

          D. The public utility shall include in its disclosure electricity produced at generating plants in which it has an ownership interest and electricity purchased through contracts having a duration of three months or longer. The public utility may reasonably estimate or approximate the values used in its disclosure.

          E. The commission shall adopt rules by January 1, 2014 to implement the provisions of this section, including, but not limited to, specifying the frequency of disclosures, reporting units to be used, any additional pollutants or environmental impacts to be disclosed, requirements for disclosure of electricity procured through purchase contracts having a duration of three months or longer and the development of a standardized format for disclosure. Disclosures shall be standardized, simple and understandable to customers and shall be provided on at least a biannual basis to customers as a bill insert.

          F. The commission shall review and analyze the customer disclosure required by this section and shall submit a report to the legislature with any necessary recommendations by September 30, 2016."

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