New Mexico Statutes Chapter 62. Electric, Gas and Water Utilities § 62-9-3.1. Limited regulation of certain jointly owned generation facilities

No municipality or H class county shall hereafter begin construction or operation of any jointly owned generating facility within this state without first obtaining from the commission a certificate that public convenience and necessity require or will require such construction or operation; provided, however, that the commission's regulation shall be limited to such determination unless the municipality or H class county has elected to come under the general supervision of the commission as provided by law.