New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 8 - RENEWABLE ENERGY
Part 3 - EMINENT DOMAIN
Section 17.8.3.7 - DEFINITIONS

Universal Citation: 17 NM Admin Code 17.8.3.7

Current through Register Vol. 35, No. 18, September 24, 2024

In addition to the definitions in NMSA 1978, Sections 62-16A-2, 42A-1-2, , as used in this rule:

A. "Agreement" means a project ownership and property agreement as described in this rule and includes the applicant and the authority's understanding regarding the authority's participation in the project, project ownership, project financing, project management, and any other matter required by the authority. The parameters of the authority's exercise of its eminent domain powers shall be set forth in the agreement.

B. "Authority" means the renewable energy transmission authority.

C. "Applicant" means any person that submits an application to the authority pursuant to this rule and in the manner set forth herein. Applications will only be considered if the authority has already agreed to participate in the project.

D. "Eligible facilities" means facilities to be financed or acquired by the authority, in which, within one year after beginning the transmission or storage of any electricity, and thereafter, at least 30 percent of the electric energy, as estimated by the authority, originates from renewable energy sources.

E. "Eminent domain code" means the statutory provisions governing condemnation in New Mexico, NMSA 1978, Section 42A-1-1 et seq., as modified from time to time.

F. "Person" includes a natural individual, partnership, corporation, association other legal or fiduciary entity and a governmental entity.

G. "Project" means, for the purposes of this rule, an undertaking by the authority to finance or plan, acquire, maintain and operate eligible facilities located in part or in whole within the state of New Mexico in which the authority has agreed to participate.

H. "Property" means real property under the laws of the New Mexico, and may include one or more individual parcels of land or a portion or portions thereof, any improvements thereon or connected therewith or any easement or other interest therein.

I. "Property owner(s)" means any person or entity having an ownership interest in the property.

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