0001|                               AN ACT
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0002| RELATING TO PUBLIC BUILDING ENERGY EFFICIENCY; BROADENING THE
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0003| GOVERNMENTAL UNIT DEFINITION IN THE PUBLIC BUILDING ENERGY EFFICIENCY
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0004| ACT; PROVIDING FOR FUNDING OF ENERGY SAVINGS CONTRACTS, RELATED
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0005| LEASE-PURCHASE AGREEMENTS AND INSTALLMENT PAYMENT CONTRACTS; MAKING AN
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0006| APPROPRIATION.
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0007| 
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0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0009|      Section 1.  Section 6-23-2 NMSA 1978 (being Laws 1993, Chapter
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0010| 231, Section 2) is amended to read:
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0011|      "6-23-2.  DEFINITIONS.--As used in the Public Building Energy
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0012| Efficiency Act:
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0013|           A.  "energy conservation measure" means a training program
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0014| or facility alteration designed to reduce energy consumption or
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0015| operating costs and may include:
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0016|                (1)  insulation of the building structure or systems
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0017| within the building;
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0018|                (2)  storm windows or doors, caulking or
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0019| weatherstripping, multiglazed windows or doors, heat absorbing or heat
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0020| reflective glazed and coated window or door systems, additional
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0021| glazing, reductions in glass area or other window and door system
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0022| modifications that reduce energy consumption;
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0023|                (3)  automated or computerized energy control systems;
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0024|                (4)  heating, ventilating or air conditioning system
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0025| modifications or replacements;
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0001|                (5)  replacement or modification of lighting fixtures
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0002| to increase the energy efficiency of the lighting system without
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0003| increasing the overall illumination of a facility, unless an increase
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0004| in illumination is necessary to conform to the applicable state or
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0005| local building code for the lighting system after the proposed
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0006| modifications are made;
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0007|                (6)  energy recovery systems;
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0008|                (7)  solar heating and cooling systems or other
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0009| renewable energy systems;
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0010|                (8)  cogeneration systems that produce steam or forms
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0011| of energy such as heat, as well as electricity, for use primarily
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0012| within a building or complex of buildings; or
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0013|                (9)  energy conservation measures that provide
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0014| long-term operating cost reductions;
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0015|           B.  "governmental unit" means an agency, institution or
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0016| instrumentality of the state; a two- or four-year institution of
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0017| higher education; a municipality; a county; or a school district;
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0018|           C.  "guaranteed energy savings contract" means a contract
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0019| for the evaluation and recommendation of energy conservation measures
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0020| and for the implementation of one or more of those measures, and which
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0021| contract provides that all payments, except obligations on termination
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0022| of the contract before its expiration, are to be made over time and
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0023| the savings are guaranteed to the extent necessary to make the
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0024| payments for the energy conservation measures; and
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0025|           D.  "qualified provider" means a person or business
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0001| experienced in the design, implementation and installation of energy
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0002| conservation measures and who meets the experience qualifications
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0003| developed by the energy, minerals and natural resources department."
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0004|      Section 2.  Section 6-23-10 NMSA 1978 (being Laws 1993, Chapter
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0005| 231, Section 10) is amended to read:
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0006|      "6-23-10.  STATE INSTITUTIONS AND BUILDINGS--USE OF CERTAIN
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0007| REVENUES AUTHORIZED.--Income from lands granted for the use of
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0008| certain institutions and public buildings and deposited in income
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0009| funds for such institutions and buildings pursuant to Section
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0010| 19-1-17 NMSA 1978 may be appropriated and pledged for payments
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0011| pursuant to any guaranteed energy savings contract or related
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0012| lease-purchase agreement or installment payment contract pursuant
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0013| to the Public Building Energy Efficiency Act.  Any money so
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0014| appropriated shall be deposited in a special fund or account of
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0015| the institution or fund and that revenue and no other revenue
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0016| shall be used to make such payments to the Public Building Energy
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0017| Efficiency Act.  Utility and maintenance appropriations to
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0018| governmental units shall not be reduced over the term of the
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0019| guaranteed energy savings contract, the related lease-purchase
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0020| agreement or the installment payment contract."                    
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0021|             
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0022| 
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