Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Maestas
LAST UPDATED
ORIGINAL DATE 2/18/2025
SHORT TITLE Distributed Generation Written Statement
BILL
NUMBER Senate Bill 233
ANALYST Rodriguez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
No fiscal
impact
No fiscal
impact
No fiscal
impact
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to House Bill 13
Sources of Information
LFC Files
Agency Analysis Received From
Public Regulation Commission (PRC)
New Mexico office of the Attorney General (NMAG)
SUMMARY
Synopsis of Senate Bill 233
Senate Bill 233 (SB233) amends the Distributed Generation Disclosure Act (Article 31-3 NMSA
1978) and specifies that failure to provide the necessary written statement constitutes a violation
to the Unfair Practices Act.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
SB233 contains no appropriation and has no known fiscal impact to the state.
SIGNIFICANT ISSUES
The Distributed Generation Disclosure Act was enacted in 2017 and provides for minimum
disclosure requirements related to the selling or marketing for the financing, sale, or lease of a
distributed energy generation system. SB233 adds language specifying that failure to provide
written statement as required by the act constitutes an unfair or deceptive trade practice pursuant
to the Unfair Practices Act.
Senate Bill 233 – Page 2
The Unfair Practices Act protects consumers from unfair and deceptive business practices which
may deceive or mislead a person. The Attorney General of New Mexico is responsible for
enforcing the Unfair Trade Practices Act. Violations of the act can result in an injunction by the
court to recover actual damages or the sum of $100, whichever is greater, or up to three times
actual damages or $300 if it finds that the violation was willful. Additionally, the New Mexico
Attorney General can recover a civil penalty not exceeding $5,000 per violation. Under SB233,
failure to provide the required written statement would violate the Unfair Practices Act and,
therefore, eligible for the ramifications of the act.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
SB233 relates to HB13, which requires electric public utilities to develop and file detailed
distribution system plans and beneficial electrification plans with the Public Regulation
Commission (PRC). The proposed distribution system plans would allow utilities to proactively
plan, engineer, and upgrade their electrical distribution system to ensure customers can connect
without delays and meet decarbonization standards.
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