Summary:

 House Bill 435 (HB 435) requires the Public Regulation Commission to promulgate and implement rules governing the siting of renewable energy generation, storage and intrastate
transmission facilities. 

 

Legislation Overview:

 House Bill 435 (HB 435) creates a new section of Chapter 62 NMSA 1978 that requires the Public Regulation Commission (PRC) to promulgate and implement rules governing the siting of renewable energy generation, storage and intrastate transmission facilities with a capacity of more than five megawatts. It directs that the rules will provide for public input; establish a process for evaluating the local impact of these facilities on the health, safety and welfare of the community in which the facility is located; and address the scenic, cultural, archaeological and environmental impacts of a PRC decision to issue or deny a permit. 
HB 435 applies to renewable energy projects that have not received final approval on the date the rules promulgated under this Act take effect.



 

Current Law:

 Both the PRC and the NM Renewable Energy Transmission Authority have authority over renewable energy projects. The RETA facilitates planning, financing, developing and acquiring high-voltage transmission lines and utility-scale storage projects to promote the expansion of carbon-free renewable energy use in local and regional markets and enhance economic development in the state. The PRC currently reviews and approves renewable energy procurement plans and reports of investor owned utilities and rural electric cooperatives pursuant to the Renewable Energy Act (“REA”), §§ 62-16-1 et seq. NMSA 1978.