What's Happening in New Mexico

Charge Ahead Partnership has engaged in a New Mexico regulatory proceeding, submitting comments and reply comments in New Mexico Public Regulatory Rulemaking Docket No. 22-00085-UT (creating a login is required to view the docket). This rulemaking was prompted by the passage of House Bill 521 in 2019 which requires electric utilities to file transportation electrification plans (TEPs) which included language opening the door for the utilities to include electric vehicle (EV) charging investments funded by ratepayer dollars in the TEPs. The Commission undertook this rulemaking to seek input regarding the evaluation process and criteria of the TEPs.

CAP’s comments included several proposed amendments, including requirements for utilities to propose alternative rate structures for EV charging that do not include demand charges and adding rules which would protect a level playing field by allowing utilities to operate publicly accessible EV chargers only though a separate and unregulated subsidiary. CAP’s engagement caught the attention of the New Mexico Office of the Attorney General, who echoed CAP’s concerns regarding the interference of monopoly utilities in private markets in their comments. Ultimately, the language of HB 521 limited the Commission’s ability to implement separate subsidiary language in the rulemaking; however, the Commission did adopt some of CAP’s proposed amendments requiring the TEPs to include strategies and measures for coordinating with existing businesses that sell transportation fuel to the public, a definitive improvement.