2007 Legislative Session
At least THIRTEEN major clean energy bills passed, plus one and possibly two memorials, offering a wide range of new incentives and programs for solar, wind, biomass power, biofuels, energy efficiency, and low-income energy policies. Many of these policies represent years of work by various advocates. Some were new policies worked out in the heat of the session. Many proposals also failed.
- Major new initiatives that will now be launched include green building, large-scale solar, and biofuels.
- Utility efficiency programs will be enhanced
- Distributed solar will be greatly enhanced.
- Major development of wind and solar for export will be initiated.
- Clean Energy Manufacturing will be strongly encouraged.
- Mercury emission control is enhanced.
Although some things for efficiency and low-income issues also passed, it would have been nice to see an efficient appliance incentive and other efficiency policies, and also some new policies for low-income. These and other policies that did not pass will continue to be targets for future sessions.
And, the Desert Rock Power Plant Tax Incentive and uranium mining bills are dead!
Congratulations and thanks to the many, many dedicated people and groups who made all of these things happen, including:
- Our dedicated sponsors and allies in the Legislature;
- Governor Richardson and his staff. LITTLE OF THIS COULD HAVE HAPPENED WITHOUT THE STRONG LEADERSHIP OF GOVERNOR RICHARDSON FOR CLEAN ENERGY IN NEW MEXICO.
- All the people in the Network who contacted their representatives; YOU!
- All the advocates in the CCAE and CCAE member groups;
- The folks from all our allies:
- Dooda Desert Rock,
- Dine Cares,
- Sage Council,
- Conservation Voters New Mexico,
- San Juan Citizens Alliance,
- Sierra Club,
- New Energy Economy,
- Interfaith Alliance for Environmental Stewardship,
- Climate Change Action Project,
- League of Young Voters,
- Mesa Del Sol;
- Other folks at the Roundhouse who kicked in support along way, and others left off this quick listing.
THE BILLS:
Renewable Energy:
- Increase the Renewable Energy Standard: Require utilities to produce more of their electricity from renewable sources. CCAE seeks targets of 20% by 2015, 25% by 2020; Extend RES to electric cooperatives in some way. This program supports distributed (rooftop) systems as well as utility-scale. Such standards are the primary driver of renewable energy development in the US today.
- Status: PASSED THE LEGISLATURE!
- Bill Numbers: SB 418 (Michael Sanchez)
- Enhancing the NM Renewable Energy “Production Tax Credit”: Increase the credits to support “Concentrating Solar Power”, which uses giant mirrors to concentrate heat to drive turbines; Decrease the minimum size of eligible systems to 1 megawatt; Expand the “5% co-investor provision” from just c-corporations (big corporations) to all taxpayers, to allow farms and smaller businesses to benefit; “Refundable” for solar, “transferable” for new wind & biomass.
- Status: PASSED THE LEGISLATURE!
- Bill Numbers: SB 463 (Carlos Cisneros) THIS BILL IS NOW ALSO PART OF THE OMNIBUS TAX BILL, SB 317.
- Property Tax Exemption for Solar Energy Systems: Right now, a business that installs a solar energy system risks a property tax hike that can wipe out the benefit of the solar tax credits over a decade or so.
- Status: Passed House Business & Industry Committee; Passed House Tax & Revenue; Passed House Floor; Passed Senate Corps. Failed to get scheduled in Senate Finance. DID NOT PASS.
- Bill Numbers: HB 995 (Mimi Stewart)
- Gross Receipts Tax Exemption for Solar Energy Systems: This is designed to provide a little more incentive for installing solar.
- Status: PASSED THE LEGISLATURE! (was amended into SB 463)
- Bill Numbers: HB 996 (Mimi Stewart) (SEE SB 463 for final version).
- Land, Wildlife, and Clean Energy Fund: $20 million/year for Land Protection, Conservation, and Clean Energy Grants for Tribes, State entities, Schools, and Municipalities.
- Status: Passed Senate Conservation Committee, Now in Senate Finance (SB 309); Passed House Energy & Natural Resources, Passed House Appropriations, Passed House Floor, Now in Senate Finance Committee (HB 433) DID NOT PASS
- Note: AN APPROPRIATION OF $3 million for Innovative energy projects DID PASS.
- Bill Numbers: SB 309 (Michael Sanchez); HB 433 (Richard Vigil)
- Enhancements to the Existing Solar Tax Credits: Make credits “refundable” (a rebate for low-income residents who do not have tax liabilities large enough to absorb the solar credits as they stand. Also to make “LLCs”: eligible: Most developers today are set up as Limited Liability Corporations, and cannot take advantage of the solar tax credits in their current form.
- Status: Passed Senate Conservation Committee, Now in Senate Finance Committee. DID NOT PASS
- Bill Numbers: SB 795: (Dede Feldman)
- Note: Another bill has been amended to accomplish the LLC part: SB 343 (See the Senate Floor amendment by Senator Dede Feldman). THIS ALSO DID NOT PASS
- Renewable Energy Transmission Authority: New Mexico is running short of electric transmission lines in the Eastern Plains and Southern areas that will severely limit the of wind and solar power development. This new entity would give the state the power to get these projects done without waiting for foot-dragging utilities.
- Status: PASSED THE LEGISLATURE!
- Bill Numbers: HB 188 (Jose A. Campos)
- Note: Due to the power that the Transmission Authority will have, CCAE had concerns about the provisions in this bill as initially introduced, particular the use of the word "capacity" instead of "energy" in the renewable energy requirement. This concern was addressed, and additional legislative oversight was added, in some amendments to the bill: See the committee reports listed for the bill.
- Requirements for “Solar Ready Roofs”: This would require changes to building codes to require proper solar roof orientation, mounting brackets, etc., to lower the cost of future solar installations.
- Status: Passed House Energy & Natural Resources; Passed House Judiciary; Passed House Floor; Passed Senate Conservation Committee; Passed in Senate Corporation Committee, Passed the Senate Floor. PASSED THE LEGISLATURE!
- Bill Numbers: HB 610 (Mimi Stewart)
- Solar Covenants Legislation: This bill would prevent codes and covenants from prohibiting solar.
- Status: Passed House Energy & Natural Resources, Passed House Judiciary, Passed House Floor, Passed Senate Conservation, Passed Senate Judiciary, Passed Senate Floor, Passed House Concurrence. (HB 611): Passed Senate Conservation; Passed Senate Judiciary; Passed Senate Floor, Passed House Judiciary, Passed House Floor (SB 1031); PASSED THE LEGISLATURE!
- Bill Numbers: HB 611 (Mimi Stewart); SB 1031 (Phil Griego)
- Solar Energy System Installation Training: This bill would provide $100 K of funding to the Construction Industries Association to provide training for New Mexico residents on solar energy system installation.
- Status: Passed House Energy & Natural Resources, Now in House Appropriations and Finance Committee. DID NOT PASS
- Bill Number: HB 677 (Mimi Stewart)
- Documentaries on Renewable Energy: Two hundred eighty thousand dollars ($280,000) is appropriated from the general fund to the New Mexico film division of the economic development department for expenditure in fiscal years 2007 and 2008 for filming of documentaries on renewable energy projects in New Mexico.
- Status: Passed House Business & Industry Committee; Now in House Appropriations & Finance Committee DID NOT PASS
- Bill Number: HB 837 (Mimi Stewart)
- Funding for a Wind Turbine at Mesalands Community College: The College is starting a wind technician training program.
- Status: In an appropriations bill
- Advanced Energy Incentives: This bill would provide tax incentives and regulatory incentives for the construction of a wide range of "clean energy projects", including carbon sequestered coal generation and concentrating solar thermal projects.
- Status: Passed Senate Corporations & Transportation Committee, Passed Senate Finance, Passed Senate Floor, Now in House Tax & Rev. PASSED THE LEGISLATURE
- Bill Numbers: SB 994 (Carlos Cisneros)
- Loan Guarantees: This bill creates a mechanism for the state to issue loan guarantees
- Status: Passed Senate Public Affairs, Passed Senate Corporations, now in Senate Finance. DID NOT PASS
- Bill Numbers: SB 1119 (Michael Sanchez)
- Loan Guarantee for a CSP Project:
- Status: Passed Senate Public Affairs, Passed Senate Corporations, now in Senate Finance. DID NOT PASS
- Bill Numbers: SB 1152 (Michael Sanchez)
Energy Efficiency:
- Tax Incentives for Green Building: (for “LEED” projects + EE standard)
- Status: Passed Senate Corporations & Transportation; Onto Senate Finance (SB 543), Passed House Business & Industry Committee; Passed House Tax & Revenue; Passed House Calendar, Now in Senate Finance Committee. (HB 534); PASSED THE LEGISLATURE (AS PART OF SB 463)
- Bill Numbers: SB 543 (Dede Feldman); HB 534 (Peter Wirth);
- GRT Tax Exemption for EnergyStar Appliances & Advanced HVAC
- Status: Passed Senate Corporations & Transportation; Onto Senate Finance. This bill did not make it into the omnibus tax bill, and its chances look dubious now. DID NOT PASS
- Bill Numbers: SB 542 (Dede Feldman)
- New Mexico as Energy Conservation Leader
- Status: Passed House Consumer & Public Affairs; Passed House Floor; Passed Senate Rules, Now in Senate Conservation Committee. WE THOUGHT THIS PASSED, BUT NOW ARE NOT SURE
- Bill Numbers: HJM 12 (Mimi Stewart)
- Energy Efficiency Bonding & Fund: This bill updates the EE and RE Bonding Act of 2005. Efforts to utilize the bonding provisions of the 2005 act were hampered by the state's inability to fund the energy audits that would verify the payback for the bonds. This bill amends the Act to provide for assessments, create a revolving fund, increase the duration of installation contracts and remove the requirement for a state plan. It extends the contract period from four years to 10 years.
- Status: Passed House Energy & Natural Resources Committee, Passed House Appropriations, Passed House Tax & Rev, Passed House Floor; Passed Senate Conservation, Passed Senate Finance Committee, Now onto Senate Floor. PASSED THE LEGISLATURE!
- Bill Number: HB 825 (Mimi Stewart)
- Energy-Efficient Building Code Provisions: This bill provides $150,000 to the Construction Industries Commission for two tasks that will make a key difference in addressing energy waste and global warming in New Mexico: to upgrade state building energy codes and to provide training to building inspectors
- Status: Passed Senate Conservation Committee; Now in Senate Finance Committee; DID NOT PASS
- Bill Number: SB 981 (Dede Feldman)
- Green Building Certification Training Program:
- Status: Passed Senate Conservation; Now in Senate Finance Committee; DID NOT PASS
- Bill Number: SB 996
- Energy Efficient Appliance Loan Program: This bill would require the PRC to create a pay-as-you-save program for efficient appliances.
- Status: DID NOT PASS
- Bill Number: HB 1291 (John Heaton)
Low-Income Energy Programs
- MFA Weatherization Assistance Program: This bill would appropriate $ 2.5 million dollars for the NM Mortgage Finance Authority.
- Status: Passed Senate Public Affairs Committee; Now in Senate Finance; DID NOT PASS
- Bill Numbers: SB 328 (James Taylor)
- Remove Regulatory Barriers to Low Income Utility Programs: A legal ruling called the “Mountain States Decision” currently prevents low-income utility rates that take into account the special circumstances of low-income people, unless there is explicit laws to the contrary.
- Status: Tabled in Conservation (SB 480), Tabled in Conservation (SB 546); DID NOT PASS
- Bill Numbers: SB 480 (Cisco McSorley); SB 546 (John Grubesic) [These bills are distinct]
- Requirements for Low Income in Utility Programs: This bill would allow the PRC to provide low-income ratepayers with affordable rates.
- Status: Passed Senate Public Affairs Committee, withdrawn due to problems.
- Bill Numbers: SB 895 (Cisco McSorley)
- NM Low-Income Home Energy Assistance Programs: This joint memorial would requests that $7 billion dollars from the federal budget to assist low-income families through low-income energy assistance programs for utility bill payments and weatherization.
- Status: Passed Senate Rules, Passed Senate Judiciary, Passed Senate Floor, Passed House Consumer and Public Affairs, Passed House 59-0. PASSED THE LEGISLATURE
- Bill Number: SJM 3 (Cisco McSorley)
- Low-Income Home Energy Assistance Fund: This would create a fund for low income energy assistance from excess income to the state from oil and gas.
- Status: House Taxation & Revenue Committee; DID NOT PASS
- Bill Number: HB 121 (Miguel Garcia)
- Low-Income Home Heating Relief: This would appropriate 9 million dollars to the gasoline and home heating relief fund for expenditure to provide home heating and weatherization programs that qualify for the low income home energy assistance program.
- Status: Passed House Consumer & Public Affairs, Passed House Appropriations, Passed House Floor, Now in Senate Public Affairs. DID NOT PASS
- Bill Number: HB 372 (Edward C. Sandoval)
- Residential Energy-Efficiency Loan Program: This program would provide up to $2.5 million in energy efficiency loans to low and moderate income households.
- Status: Passed Senate Public Affairs Committee; Now in Senate Finance. DID NOT PASS
- Bill Number: SB 404 (Dede Feldman)
- Moratorium on Utility Winter Disconnections: This bill would require people who are currently eligible for the moratorium on utility winter disconnections to have to pay at least 25% of their bills, or otherwise face disconnections. The bill would also end the moratorium if the state did not provide a certain level of LIHEAP funding.
- Status: Passed House Consumer and Public Affairs; Passed House Appropriations; Passed House; Passed Senate Conservation, Now in Senate Finance. (HB 538); Passed Senate Conservation, Now in Senate Judiciary Committee. (SB 1026); PASSED THE LEGISLATURE! CCAE worked to improve this bill, but there are still some issue. The PRC will now look into the issue more deeply.
- Bill Number: HB 538 (Ben Lujan); SB 1026 (John Ryan)
Clean Energy Manufacturing
- Tax Incentives for Advanced Energy Manufacturing: 5% of qualifying start-up expenditures.
- Status: Passed House Business & Industry Committee. Passed House Tax & Rev.; Passed House, Passed Senate Corporation & Transportation Committee, Now in Senate Finance Committee. PASSED THE LEGISLATURE! (as part of SB 463)
- Bill Numbers: HB 430 (Nick L. Salazar)
Biofuels
- Biofuel Standard: Requires 5% biodiesel content in all diesel fuel (B5) by 2012, and possibly more.
- Status: Passed House Transportation and Public Works; Passed House Business & Industry, Passed House, Now in Senate Conservation; (HB 218); Passed Senate Conservation Committee; Passed Senate Corporation & Transportation Committee, Passed Floor, Passed in House Transportation, Now onto House Floor (SB 489) PASSED THE LEGISLATURE!
- Bill Number: HB 218 (John Heaton); SB 489 (Gerald Ortiz y Pino)
- Excise Tax Exemptions for Purchasing Biodiesel Blends
- Status: Passed House Business & Industry Committee; Passed House Tax & Rev. Committee, Passed House Floor, Now in Senate Finance Committee. PASSED THE LEGISLATURE! (as part of SB 463)
- Bill Numbers: HB 1145 (Mary Helen Garcia); SB 607 (Gerald Ortiz y Pino)
- Alternative Energy State Vehicle Purchase
- Status: Passed House Health and Government Affairs, Now in House Business & Industry Committee
- Bill Numbers: HB 1213 (Miguel Garcia)
Global Warming
- Greenhouse Gas Emission Reporting & Inventory
- Status: Passed House Energy & Natural Resources; Passed House Tax & Rev; Passed House Appropriations & Finance Committee; Passed House Floor; Now in Senate Corps. DID NOT PASS.
- Bill Number: HB 431 (Thomas Garcia)
Conventional Power Plants
- An $85 million incentive for the proposed Desert Rock Power Plant (CCAE OPPOSES): Desert Rock is a proposed 1500 MW power plant under development by Sithe Inc., a Houston-based power company, to be built on Navajo land. It will emit about 10 million tons of CO2 per year, plus lots of ozone, mercury, and other pollutants. This plant will cripple NM’s attempt to reduce CO2 emissions. For more information, click here.
- Status: PERMANENTLY TABLED in House Energy & Natural Resources (HB 178 ); Passed Senate Conservation; Now in Senate Finance; (SB 431); DID NOT PASS!
- Bill Numbers: HB 178 (Thomas Taylor); SB 431 (Ben D. Altamirano)
- Mercury Exposure Reduction Plan: This would appropriate $200,000.00 in 2008 to reduce human and wildlife exposure to mercury.
- Status: Passed House Energy; Now in House Appropriations & Finance Committee; DID NOT PASS BUT $50,000 was appropriated to the Environment Dept. to study mercury pollution.
- Bill Number: HB 16 ( Peter Wirth)
- Power Plant Mercury Emission Controls: This would amend a section of the air quality control act to provide for best available control technology for mercury emissions from power plants.
- Status: Passed House Energy & Natural Resources; Passed House Business & Industry; Passed House Floor; Passed Senate Conservation, Passed Senate Judiciary, Onto the Senate Floor. PASSED THE LEGISLATURE!
- Bill Number: HB 318 (Peter Wirth)
