1. A. A governmental unit shall not enter into a guaranteed utility savings contract with a qualified provider or any installment payment contract or lease-purchase agreement pursuant to that contract unless the contracts and agreements are reviewed and approved as follows:

   1. (1) for school districts, by the superintendent of public instruction;

   2. (2) for state agencies:

      1. (a) if the facilities, systems or vehicles are owned, leased or otherwise controlled by the general services department, by the secretary of general services; and
      2. (b) if the facilities, systems or vehicles are not owned, leased or otherwise controlled by the general services department, by the executive head of the state agency;
   3. (3) for municipalities and counties, by the governing body of the municipality or county; and
   4. (4) for all post-secondary educational institutions and the state educational institutions confirmed in Article 12, Section 11 of the constitution of New Mexico, by the commission on higher education.

2. B. The approval required under this section shall be given upon:

   1. (1) a determination that the contracts and agreements comply with the provisions of the Public Facility Energy Efficiency and Water Conservation Act and other applicable law;
   2. (2) certification by the energy, minerals and natural resources department that the qualified provider of energy conservation measures meets the experience requirements set by the department and the guaranteed energy savings from the energy conservation measures proposed appear to be accurately estimated and reasonable; and
   3. (3) certification by the office of the state engineer that the qualified provider of water conservation measures meets the experience requirements set by that office and the guaranteed water savings from the water conservation measures proposed appear to be accurately estimated and reasonable.

History: Laws 1993, ch. 231, § 5; 1997, ch. 42, § 5; 1999, ch. 257, § 2; 2001, ch. 247, § 4.

ANNOTATIONS

The 2001 amendment, effective June 15, 2001, in Subsection A(2), deleted "by the secretary of general services" following "for state agencies" and added Subsections A(2)(a) and A(2)(b); substituted "governing body of the municipality or county" for "secretary of finance and administration" in Subsection A(3); and substituted "Public Facility" for "Public Building" in Subsection B(1).

The 1999 amendment, effective June 18, 1999, in Subsection A substituted "state agencies" for "agencies, institutions and instrumentalities of the state" in Subsection A(2), added Subsection A(4), and made related stylistic changes.

The 1997 amendment, effective June 20, 1997, in the introductory language of Subsection A, substituted "A governmental unit shall not" for "No governmental unit shall" and substituted "utility" for "energy"; in Subsection B(1), inserted "and Water Conservation" and deleted "and" at the end of the paragraph; in Subsection B(2), inserted "of energy conservation measures" and added "and" at the end of the paragraph; and added Subsection B(3).