2021 New Mexico Legislative Session Outcomes

HB 15: Sustainable Building Tax Credit (Ortez, Lujan, Martinez, Serrato) – HB 15 extends and expands the sustainable building tax credit; it excludes solar market development-eligible portions from application to the bill’s tax credit; it adds incentives involving LEED; the existing tax credit is applied to construction begun prior to 2021 and completed by the end of 2021.

**HB 51: Environmental Database Act (Chasey, Stewart, Louis) – HB 51 creates a centralized, map-based, searchable website to provide various geographic data, information on public health, wildlife status, and other interrelated environmental and energy industry data in order to enhance transparency and interagency cooperation. It does not compel the sharing of confidential information. **PRIORITY BILL

HB 57: Prescribed Burning Act (McQueen, Armstrong, Wirth, Woods) – HB 57 enables private landowners to conduct prescribed burns and establishes related civil liability. It tasks EMNRD with establishing a model prescribed burn permit and the Forestry Division with creating a certification program. It leaves to the discretion of individual municipalities whether or not to require either process for those conducting prescribed burns.

HB 76: EIB Permit Denial for Poor Compliance (Chandler, Serrato) – HB 76 amends the Air Quality Control Act to allow permit revocation for construction relating to operations covered by the statute for any of the following 5 violations: material fact misrepresentation, information disclosure refusal, prior court convictions within ten years, operation without a permit, or previous revocation.

HB 89: Healthy Soil Tax Refund Contribution Option (Chatfield, Armstrong, Chandler, Small, Stansbury) – HB 89 allows individuals to designate part of their annual state tax refund to the Healthy Soil Program.

HB 157: Mining Act Forfeiture Fund (Small) – HB 157 creates a mining act forfeiture fund and provides guidelines for its operation, including appropriating fund monies to EMNRD for reclamation projects and closeout plans.

**HB 200: Water Trust Board Project & NM Unit Fund (McQueen, Stewart) – HB 200 prevents NM Unit Fund monies from being used on any diversion of the Gila River and redirects funding to meet water supply demands in the southwest water planning region of New Mexico; it expands the scope of the Water Trust Board. **PRIORITY BILL

SB 8: Local Government Air Quality Regulations (Wirth, Lopez, Small, Chandler) – SB 08 compels the NM Environmental Improvement Board and local boards to adopt rules ensuring the maintenance of a maximum ozone concentration of 95 percent of the national ambient air quality standard for ozone, removing the required public notice and hearing for rule changes currently mandated. It removes restrictions on these rules being more stringent than those required by federal laws. It also repeals NM statute 74-2-5.2, which establishes NMED as the sole state air pollution control agency for purposes relating to federal air pollution legislation.

SB 32: Wildlife Conservation & Public Safety Act (Gonzales, McKenna, McQueen, Chandler) – SB 032 prohibits the use of traps, snares, and wildlife poisons for purposes other than sanctioned research; state agency or department activities; the administering of veterinary care; and preventing damage to crops, livestock, or property.

**SB 84/HB 106: Community Solar Act (Stefanics, Lopez, Caballero) – SB 084 creates a subscriber-based community solar program. It tasks the Public Regulation Commission with generating rules by November 1, 2021, and providing a report to the legislature within 3 years. It also enables rural electric distribution cooperatives to participate. **PRIORITY BILL

SB 112: Sustainable Economy Task Force (Stewart) – SB 112 establishes a “sustainable economy task force” of up to 24 members, attached to the Department of Finance and Administration, in order to develop a strategic plan annually beginning in FY22 and continuing for an additional 5 years with a focus on transitioning away from natural resource extraction. Specific policies to be promoted include the creation of jobs not related to resource extraction, and tax base diversification. It also compels department secretaries to implement the task force’s strategic plan. $100,000 general fund dollars are appropriated annually for use by NM DFA and the task force.

**HB 9: Climate Solutions Act (Stansbury, Egolf, Rubio, Stewart, Small) – HB 9 creates a climate leadership council within EMNRD and stipulates membership composition and purpose, which includes creating a statewide climate solutions strategy; impacted state agencies are charged with rule- and policy-making pursuant to the relevant strategy portions over which they have authority; the council is also integrated into decisions pertaining to the clean energy grants program. The bill calls for the convening of a sustainable economic development subgroup to develop a strategic plan to support attaining net-zero emission levels by 2050. It also explicitly establishes statewide greenhouse gas emission reduction targets. Passed out of the first committee with a HENRC committee substitution, died waiting to be scheduled in HSEIC. Key components of this bill were amended into SB 112, which passed. **PRIORITY BILL

HB 26: Exclude Greenfields from Certain Taxes (G. A. Romero) – HB 26 excludes greenfield development from the Tax Increment for Development Act and the establishment of related Tax Increment Development Districts (TIDD). Died, was tabled in the first committee, HLLC.

HB 30: Water Lease & Use Effective Dates (Chandler, Wirth, Ortez) – HB 30 amends New Mexico water law to include clarification of the water lease process. It requires notice and opportunity for a hearing prior to new lease approvals. Received a do pass motion out of its first committee, but did not receive a recommendation in its second committee (HJC) and was withdrawn from the house calendar.

HB 50: Private Right of Action for Certain Statutes (Louis) – HB 50 provides for a private right of action to enforce state statutes relating to oil and gas, air, water, and hazardous and solid waste. It enables private parties to file civil lawsuits for violations of state environmental statutes. Passed out of the House committees, with one committee substitute in HJC, but was withdrawn from the House calendar.

HB 95: Water Administration Changes (A. Romero) – HB 95 amends state water application processes, removing the requirement that application objections demonstrate an impact on the objecting party and compelling the state engineer to publish its findings, to be considered within a 40-year impact framework and to include its rationale, which will create precedent in future decisions. It incorporates the long-term (40-year) impacts of climate change into state water planning, local water conservation planning, and the required criteria for approval of regional water planning funding by the Interstate Stream Commission ISC). It calls on the ISC to publish a biannual water budget analysis. It also compels the State Engineer to adopt rules for identifying and assessing climate impacts on state water resources, with a July 1, 2023 deadline. Died, received a do not pass recommendation in HAWC.

HB 106/SB 84: Community Solar Act (Roybal Caballero, Stefanics, Lopez, Ferrary) – Please see SB 84 description. SB 84 Passed. **PRIORITY BILL

HB 137: Clean Electrification Act (Small, Louis) – HB 137 compels public utilities and co-ops to reach zero emissions by 2045 and 2039 respectively, outlining annual emission reduction targets. It charges the Public Regulation Commission with creating a clean electricity credit system and establishes a compliance mechanism overseen by NMED wherein emissions-based fees are collected and deposited into the state air quality permit fund. It also provides fee waivers for utilities and co-ops that engage in efforts to provide electricity to low-income and Indigenous New Mexico households. Died waiting to be scheduled in HJC.

HB 206: Utility Affordability & Relief Act (Ortez, Ferrary, Romero, Rubio, Stansbury) – HB 206 prevents utility services from being disconnected for customers impacted by Covid-19 and creates a bill relief program; allows a 50 percent fee deduction for electric co-ops owed to the state when bill relief occurs; creates a Community Energy Efficiency Development block grant program and associated fund for low-income household energy efficiency efforts; mandates reporting of service disconnections; requires utilities to report on energy affordability and service access; calls on the NM Mortgage Finance Authority to share with EMNRD the details of any energy efficiency implementation efforts in which they engage; establishes low-income utility program eligibility for customers deemed eligible for the bill relief program; and allows utilities to grant preference and/or advantage to low-income customers. Passed through the House chamber and first Senate committee, died waiting to be scheduled in SFC.

HB 241: Water Trust Fund Mutual Domestic Set-Aside (Herrera, Garratt, Jaramillo) – HB 241 requires the Water Trust Board to set aside 10 percent of the annual water project fund budget for providing grant funding to projects that restore service or make repairs and/or upgrades in order to avoid lost or impaired water service. Passed through the House chamber and first Senate committee, died waiting to be scheduled in SFC.

HB 262: Energy Storage System Tax Credit (Sariñana, Stewart, Dixon) – Identical to SB 301, which adds a new section to the Income Tax Act to create the energy storage system income tax credit; limited to one per eligible taxpayer and covering 40% of the cost of purchase and installation (with a maximum of $5,000), EMNRD is authorized to offer the credit up to $1 million in aggregate each fiscal year. EMNRD is also charged with certification and reporting relating to the new credit. Passed through the House chamber, died waiting to be scheduled in STBTC.

HB 265: Natural Resources and Lands Protection (Ortez) – Removes the necessity of a corporate partner in state land acquisitions; expands the list of considerations for priority determination for projects administered under the Natural Lands Protection Act; expands the purpose of act management to include recreation; renames the act fund to Natural Lands and Heritage Conservation Fund. Passed through the House chamber, died waiting to be scheduled in SJC.

**HB 297: Workforce & Economic Prosperity Act (Stansbury, Rubio, Roybal Caballero, Martinez) – Calls for the implementation of the NM Clean Energy Workforce Development (NMCEWD) study recommendations; creates the workforce & economic prosperity council; calls on the General Services Dept. and the Workforce Solutions Dept. to adopt by Sep. 30, 2022 rules to ensure NM workers benefit from job opportunities created by the NMCEWD study. Passed through the House committees, but was withdrawn from the House calendar. **PRIORITY BILL

HB 299: Improvement Special Assessment Act (Small) – Authorizes county boards of commissioners to establish special assessment programs wherein privately held or non-profit-owned property are eligible to apply for assistance in implementing improvements to include those focused on energy efficiency, renewable energy, water conservation, or resiliency (air quality, flood mitigation, stormwater management, energy storage and microgrids, alternative vehicle charging infrastructure, fire or wind resistance or inundation adaptation); repeals the Solar Energy Improvement Special Assessment Act. By adding efficiency to PACE (Property Assessed Clean Energy) financing, this bill would provide additional financial tools for homeowners to make homes more energy efficient. Passed through the house chamber, died waiting to be scheduled in SJC.

SB 11: Clean Fuel Standard Act (Stewart, Small) – SB 11 establishes a state clean fuel standard aimed at reducing the carbon intensity of transportation fuels used in NM. It sets specific reduction targets for greenhouse gas emissions, beginning with a 10% reduction of 2018 levels by 2030, and outlines related rules NMED must implement within two years of the bill’s effective date. It also creates a credit system and a clean fuel standard fund in order to fund the administration of the clean fuel standard.  Received do pass recommendations throughout both chambers, but died waiting to be heard on the House floor.

SB 29: Cost of Photovoltaic Systems (Soules) – SB 29 adds solar to eligible components of public school capital outlay projects. It also adds reduced utility costs and increased sustainability to considerations for inclusion in district grant applications. Received do pass recommendations throughout both chambers, but died waiting to be heard on the House floor.

SB 58: Electric Vehicle Charging Unit Credit (Tallman) – SB 058 amends the Income Tax Act by creating an Electric Vehicle Income Tax Credit of $2,500 or $5,000 for electric vehicle purchases or leases made between January 2022 and January 2026. It creates an Electric Vehicle Charging Unit Income Tax Credit to cover consumer installation costs up to $3,000 for electric vehicle charging units. It also amends the Motor Vehicle Code to add additional registration fees for electric vehicles and directs those funds to a variety of government units and funds. Died, never got scheduled in STBTC, the bill’s first committee.

SB 63: Photovoltaic Systems in New Public Schools (Soules) – SB 63 requires new school construction proposed after July 1, 2021 – and receiving funding from the public school capital outlay fund – to include enough installed solar to provide for “the energy needs of the public school.”  Received a do pass motion in the first committee, but died waiting to be scheduled in SFC.

SB 67: Facilities for Clean Energy Generation (Soules) – SB 067 amends the Public Utility Act to require facilities constructed for new and replacement energy generation capacity to generate clean energy exclusively. This includes solar, wind, geothermal, carbon capture gas, biomass and hydropower. Received a do pass motion in the first committee, but died waiting to be scheduled in STBTC.

SB 82: Radioactive Waste Consultation Task Force (Steinborn) – SB 082 amends the Radioactive and Hazardous Materials Act by (1) expanding the definition of high-level waste; (2) adding the secretaries of homeland security and emergency management to the Radioactive Waste Consultation Task Force; (3) adding private nuclear waste facilities to those the task force reviews, in addition to specific impacts it considers in evaluating applications; and (4) adding a minimum frequency for legislative reporting. It also includes on the task force the Secretary of Indian Affairs and simplifies the scope of the task force’s duties relating to waste types. Received do pass motions with amendments through the Senate chamber and HENRC, died waiting to be heard on the House floor.

SB 86: Use of Water for Oil & Gas Operations (Sedillo Lopez, Stefanics) – SB 086 prohibits the use of fresh water for oil and gas well drilling in which depths lower than protected fresh water resource zones may be reached. It outlaws environmental spills of oil, gas, produced water, or other waste from oil and gas production operations. It establishes civil penalties for spills, correlated to the size of the spill and ranging from $2,000 to $25,000 or more. It also establishes the oil conservation division data compilation fund in the state treasury for the gathering and analysis of state oil and gas data and implements a seven-pronged regulatory mechanism for produced water, including requirements relating to the identification of its chemical and potentially toxic components and the tracking and reporting of its transport, handling, and storage. Received a do pass motion in the first committee, but died waiting to be scheduled in SJC.

SB 103: Restricting Use of Neonicotinoid Pesticides (Stewart) – SB 103 amends state agriculture law governing pesticides, adding neonicotinoid class pesticides to those restricted. It compels pesticide dealers to maintain a register of restricted use pesticides distributed to private applicators and restricts their selling restricted use-pesticides to those without a use permit. It also provides for a process for permitting and licensing and establishes a health outreach and education plan for dealers and applicators to inform them of pesticide dangers and impacts. Passed through Senate committees, but failed on the Senate floor.

SB 113: Wiring for Photovoltaic System (Soules) – SB 113 requires new home construction to have minimum solar and electric vehicle charging capacities. Passed through Senate committees, died waiting to be heard on the Senate floor.

SB 120: Youth Conservation Corps & Procurement Act (Stefanics, Jaramillo) – SB 120 exempts the NM Youth Conservation Corps Commission from the state procurement code. Received a do pass motion in the first committee, but died waiting for SJC. After stalling in SJC, Senator Stefanics brought it back as SB 431, which received do pass motions in the Senate committees, however it died waiting on the Senate floor.

SB 130: Purchase of Electric Vehicles (Soules) – SB 130 tasks the General Services Department’s Transportation Services Division to develop rules by December 31, 2021, that establish state vehicle purchasing practices to ensure that by 2030, 75% of all state vehicles are electric. Specifications on what qualifies as an electric vehicle are also outlined. Received a do pass motion in the first committee, but died waiting for SFC.

SB 132: Photovoltaic Systems in New Homes (Soules) – SB 132 requires new home construction to have minimum solar and electric vehicle charging capacities. Received a do pass motion in the first committee, but died waiting for STBTC. 

SB 149: Prohibit New Fracking Licenses (Sedillo Lopez, Roybal Caballero) – SB 149 halts new fracking permits through June 1, 2025, and adds annual reporting requirements for EMNRD; NMED; the Office of the State Engineer; the Workers’ Compensation Administration; and the Departments of Agriculture, Health, Transportation, Indian Affairs, and Workforce Solutions. Received a do pass motion in the first committee, but died waiting for SJC.

SB 212: Interstate Stream Commission Members (Wirth, McQueen) – SB 212 repeals the current statute governing the Interstate Stream Commission and replaces it with one that expands its size by eight members, adds additional membership qualifications and requirements – including a ten-year minimum term – and maintains current membership while replacements are found; current members remain eligible for continued service. Received do pass motions in Senate committees, but died waiting to be heard on the Senate floor.

SB 296: Increase Penalties for Environmental Violations (McKenna, Steinborn) – Adjusts the civil penalties for the suite of environmental regulations to account for inflation. Increases the penalties for noncompliance on the NM Mining Act, the Air Quality Control Act, the Hazardous Waste Act, the Water Quality Act, and the Solid Waste Act. Received a do pass motion in the first committee, but died waiting for SJC.

SB 297: State Agency Renewable Energy Purchases (Hickey, Stewart) – SB 297 amends Chapter 13 of NM Statute governing multi-term contracts to allow state agencies and local public bodies to purchase renewable energy for any length of time so long as funds are available, any terms and/or conditions of renewal or extension are included, and it does not exceed the life of the facility with which the entity might contract. Received a do pass motion in the first committee, but died waiting for SJC.

SB 301: Energy Storage System Tax Credit (Sedillo Lopez) – SB 301 adds a new section to the Income Tax Act to create the energy storage system income tax credit, limited to one per eligible taxpayer and covering 40% of the cost of purchase and installation (with a maximum of $5,000); EMNRD is authorized to offer the credit up to $1 million in aggregate each fiscal year. EMNRD is also charged with certification and reporting relating to the new credit. Died, never got scheduled in the first committee.

**SB 312: Game & Fish & Wildlife Changes (Steinborn, Small) – Changes the name of the Dept. of Game & Fish to the Wildlife Conservation Dept. and updates the department’s mission to include all wildlife, not just game species, and strengthening conservation language; re-calibrates the controversial “landowner take” statute, also known as Jennings law, to a reasonable management approach focused on safety; adds the javelina, bear, and cougar to the “wanton waste” statute; includes two $1 million appropriations, one for the game protection fund (protecting species of greatest conservation need, which can help leverage federal money) and the other for activities relating to the department name change, only to be phased in at materials’ end of life span. The committee substitute will remove the 90/10 outfitter set aside repeal language and the fee increase for out of state hunters for elk tags that would pay for 90/10 repeal. Was tabled in SCONC, died waiting to be reconsidered. Was replaced by SB 419, which received a do pass recommendation in the first committee, but was tabled in SFC. **PRIORITY BILL

SB 326: Limit Use of Pesticides at School (McKenna) – Establishes an ecological pest management coordinator designation in state school districts; arranges for state-departmental sharing of ecological pest management programs; outlines acceptable pesticide use standards and procedures for public school health emergencies relating to pesticide use. Exempts commercial agriculture; pet supplies; disinfectants and related substances; swimming, paint, and rodent control supplies; and noxious weed management. Applies the same policy for school districts to public grounds, or those owned and/or managed by state and local governments. Died, never got scheduled in the first committee.

SB 334: Mining Director & Enviro Considerations (Stefanics) – Adds public health, water and wildlife, property, and the health/environment/economy “of a particular socioeconomic group” to considerations by EMNRD’s Mining & Minerals Division Director in issuing new mining operation permits. Died, never got scheduled in the first committee.

SB 350: Geothermal Tax Credit Changes (Soules) – Extends to 2025 the geothermal tax credit, originally ending in 2020. Died, never got scheduled in the first committee.

SB 396: Wildland Arson (Pope Jr.) – Adds wildland to the crimes of arson, negligent arson, and aggravated arson; expands the scope of aggravated arson; defines wildland. Received a do pass motion in the first committee, but died waiting for SJC.

SRJ 3: Environmental Rights, CA (Sedillo Lopez, Soules, Ferrary, Pope Jr.) – SJR 003 amends the Constitution of New Mexico by adding a declaration of environmental rights and establishes and expands trusteeship of state natural resources to include each branch, agency and political subdivision of state government. It repeals Section 21 of Article 20, which delegates pollution control to the legislature. Received a do not pass, but a do pass on committee substitute motion in the first committee, but died waiting for SJC.

HB 173: County Solar Assessments on Homes (Black) – HB 173 removes residential properties from those governed by current state statute, allowing for county boards of commissioners to order the performing of solar energy improvement special assessments. Dead, tabled in HENRC.

HB 176: Renewable Energy Standards & Rate increases (Montoya, Strickler, Lane, Hernandez, Rehm) – HB 176 limits utility customer rate increases tied to renewable portfolio standard compliance to two percent a year and no more than five percent over three years. It removes the renewable portfolio standard through 2024; it changes a reporting requirement for PRC from every four years to annually. Dead, tabled in HENRC.

HB 258: Move State Parks to Tourism Department (Strickler, Dow) – Transfers management of State Parks Division from EMNRD to Dept. of Tourism; effective dated July 1, 2021. Died, HSEIC withdrawn.

HJR 5: Right to Hunt, Fish, & Harvest Wildlife, CA (Baldonado) – HJR 5 proposes an amendment to Article 2 of the NM Constitution declaring state residents’ right to hunt, fish and harvest wildlife. A constitutional right to hunting and fishing could interfere with State Land Office decisions on best use of state lands, Game and Fish Department regulations on catch and season among others, and on the best methods to manage wildlife. The impact of the constitutionalization of hunting and fishing rights has also impacted procedural due process rights, gun rights, search and seizure issues, property and riparian rights, and administrative agency decision making. Furthermore, this proposed amendment could interfere with efforts to build a growing outdoor recreation economy in the state, many activities of which would not be compatible with an unlimited right to hunt and fish. Died, tabled in HENRC.

HJR 8: Right to Hunt and Fish, CA (Cook, Black, Rehm, Pettigrew) – HJR 8 proposes an amendment to Article 2 of the NM Constitution to add language stating, “The individual right of the people to hunt and fish is a valued part of the state’s heritage and shall be preserved for the public good.” In addition, this constitutional amendment differs from HJR 5 in that it would state the right to hunt and fish includes “traditional” methods and hunting and fishing will be the “preferred means of managing and controlling wildlife.” The bill does not define “traditional” methods. Protections for “traditional” methods of hunting and fishing could be interpreted as allowing net fishing, pit traps, and other forms considered harmful to wildlife populations and the environment.  A constitutional right to hunting and fishing could interfere with State Land Office decisions on best use of state lands, Game and FGish Department regulations on catch and season among others, and on the best methods to manage wildlife. Furthermore, this proposed amendment could interfere with efforts to build a growing outdoor recreation economy in the state, many activities of which would not be compatible with an unlimited right to hunt and fish.  Died, tabled in HENRC.

SB 155: Energy Transition Act Changes (Tallman, Stefanics, Sedillo Lopez) – SB 155 amends a section of the Renewable Energy Act by removing a limitation on the Public Regulation Commission’s ability to force a utility to write off previously approved recovery for resources that the PRC is required to close. It also amends the Energy Transition Act by establishing an energy transition cost recovery program for utilities that provides protections to consumers and extending the filing deadline for appeals or motions relating to Public Regulation Commission orders. These amendments bring uncertainty into the securitization process, which can negatively affect bond interest rates. Some of the amendments misunderstand the sections they are trying to amend and others are contradictory. The ETA has been working well for two years and does not need amendment. Died, tabled in SCONC.

SB 415: Conservancy District Charge & Assessment Limits (Sanchez) – Section 1 caps increases in assessments against real property at no more than two percent of the prior year’s assessment. Section 2 caps increases in water service charges at no more than two percent of the prior years’ service charge. Died, never got scheduled in the first committee.

SJR 6: Repeal of Law Enacted by the Legislature (Pirtle) – SJR 006 amends the NM Constitution to enable county boards of commissioners to repeal new state laws. According to the proposal, if 3/4 of the state’s county boards of commissioners object within 90 days of legislative session adjournment, the secretary of state shall declare the law annulled and repealed. It calls for a public vote on the matter. Died, never got scheduled in the first committee.