Chapter 71 — Chapter 71

A. The secretary shall establish the clean energy grants program to provide clean energy grants to: (1) municipalities and county governments; (2) state agencies; (3) state universities; (4) public schools; (5) post-secondary educational institutions; and (6) Indian nations, trib…

A. The secretary of economic development, in collaboration with the department, shall establish a hydrogen and fuel cell technologies development program for the purpose of fostering the development of hydrogen and fuel cell-related commercialization and economic development in t…

This act [71-8-1 to 71-8-8 NMSA 1978] may be cited as the "Sustainable Development Testing Site Act". History: Laws 2007, ch. 34, § 1.

As used in the Sustainable Development Testing Site Act: A. "permittee" means a person who holds a testing site permit; B. "planning commission" means a county planning commission appointed pursuant to Section 4-57-1 NMSA 1978; provided that, if no county planning commission has …

public hearing. A. A person desiring a testing site permit shall submit an application to the planning commission for the county in which the proposed sustainable development testing site is located. The application shall include: (1) a detailed description of the sustainable dev…

A. At the public hearing for a testing site permit application pursuant to Section 3 [71-8-3 NMSA 1978] of the Sustainable Development Testing Site Act, the planning commission shall hear comments from all interested persons, federal, state or local agencies and, if appropriate, …

As long as a testing site permit is in effect: A. the permittee, when conducting sustainable development research that is specified in the testing site permit, shall comply with all applicable laws and rules except those county codes, ordinances, rules or permits specified in the…

Upon the expiration of the term of a testing site permit or any renewal thereof: A. all activities within the area of the sustainable development testing site shall comply with all applicable laws, ordinances or rules, including permitting requirements; and B. the permittee may p…

Land within a sustainable development testing site shall not be sold in whole or in part unless: A. the subsequent owner obtains a testing site permit pursuant to the provisions of the Sustainable Development Testing Site Act; or B. the owner or subsequent owner enters into an ag…

A county or planning commission may define a new category of rules applicable to sustainable development testing sites and promulgate rules for the category. A county or a planning commission may also promulgate rules or permit conditions applicable to a specific sustainable deve…

Chapter 71, Article 9 NMSA 1978 may be cited as the "Geothermal Resources Development Act". History: Laws 2016, ch. 71, § 1; 2016, ch. 78, § 1; 2024, ch. 55, § 1.

In addition to the appeal rights pursuant to Section 9 [71-9-9 NMSA 1978] of the Geothermal Resources Development Act, a water rights owner may bring a de novo action in the district court in which the water rights are located for damages or injunctive relief with respect to any …

All rules, orders, permits and administrative determinations of the oil conservation division of the energy, minerals and natural resources department or oil conservation commission issued pursuant to the Geothermal Resources Conservation Act [repealed] that existed prior to the …

grants; project grants; annual report. A. The "geothermal projects development fund" is created in the state treasury. The fund consists of appropriations, income from investment of the fund and any other money distributed or otherwise allocated to the fund. Balances in the fund …

loans; annual report. A. The "geothermal projects revolving loan fund" is created in the state treasury. The fund consists of appropriations, federal funds received for the purpose of making loans, repayment of loans and interest, gifts, grants and donations made to the fund. Inc…

The legislature finds that the people of New Mexico have a direct interest in the development of geothermal resources and that the state should exercise its power and jurisdiction through the division to require that geothermal resources be explored, developed and produced in suc…

As used in the Geothermal Resources Development Act: A. "correlative rights" means the opportunity afforded, insofar as is practicable, to each owner or leaseholder in a geothermal reservoir to produce the owner's or leaseholder's just and equitable share of the geothermal resour…

exception. A. A permit from the state engineer is not required for the use of ground water over two hundred fifty degrees Fahrenheit as incident to the development of geothermal resources permitted pursuant to the Geothermal Resources Development Act when: (1) the use does not re…

A. The division shall regulate the exploration, development and production of geothermal resources on public and private land for the purposes of conservation; protection of correlative rights; protection of life, health, property, natural resources, the environment and the publi…

A. The division shall promulgate and enforce rules providing for the exploration, development and production of geothermal resources and to accomplish the purposes of the Geothermal Resources Development Act and that are reasonably necessary to carry out the purposes of that act …

Employees or agents of the division, on proper identification, may enter public or private property to inspect and investigate conditions in relation to the exploration, development or production of geothermal resources, to monitor compliance with the Geothermal Resources Develop…

A. If a person violates the provisions of the Geothermal Resources Development Act or the rules promulgated pursuant to that act or an order or permit issued pursuant to that act, the division may assess the person a civil penalty of two thousand five hundred dollars ($2,500) for…

A person subject to a final decision of the division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 2016, ch. 71, § 9 and Laws 2016, ch. 78, § 9.

This act [71-9A-1 to 71-9A-4 NMSA 1978] may be cited as the "Well Repurposing Act". History: Laws 2025, ch. 44, § 1.

As used in the Well Repurposing Act: A. "energy storage" means the ability to capture energy sources at one time for use at a later time; B. "geothermal energy development" means the development of geothermal resources; and C. "geothermal resources" means the natural heat of the …

storage; geothermal energy development. The energy, minerals and natural resources department may authorize the conversion of an oil or gas well into a facility that provides or supports energy storage or geothermal energy development. When authorizing such a conversion, the depa…

A. An oil or gas well that is authorized by the energy, minerals and natural resources department pursuant to the Well Repurposing Act to be used for energy storage and that is actively operated for energy storage shall not be considered an inactive or abandoned well and shall be…

Sections 1 through 11 [71-10-1 to 71-10-11 NMSA 1978] of this act may be cited as the "Electric Generating Facility Economic District Act". History: Laws 2020, ch. 78, § 1.

The governing body of the county that formed the district and the governing bodies of any counties that have become part of the district may, by majority vote, agree to unwind and dissolve the district and dismiss the authority members if they find the district is not meeting the…

No provision of the Electric Generating Facility Economic District Act or Section 12 [71-10-12 NMSA 1978] of this 2020 act shall affect an operating coal-fueled electric generating facility that is owned by a non-investor-owned electric utility or a coal-fueled electric generatin…

As used in the Electric Generating Facility Economic District Act: A. "authority" means the governing body of a district; and B. "district" means an electric generating facility economic district governed by an authority. History: Laws 2020, ch. 78, § 2.

A county may form a district: A. the initial boundaries of which lie within the jurisdiction of the county; and B. that includes an operating coal-fueled electric generating facility that is owned by a non-investor-owned electric utility or a coal-fueled electric generating facil…

A. A county that forms a district shall create an authority to govern the district that consists of five members. The governing body of the county shall appoint authority members. B. The terms of the authority members shall be staggered. Of the members initially appointed, that n…

A. An authority is a political subdivision of the state that may, in accordance with law and to effectuate the purposes of the district it governs: (1) have perpetual existence; (2) sue and be sued; (3) adopt bylaws, policies and procedures; (4) employ a director, who may employ …

The bonds authorized by the Electric Generating Facility Economic District Act, the income from those bonds, mortgages or other security instruments executed as security for those bonds, lease agreements authorized by the Electric Generating Facility Economic District Act and rev…

A. An authority may issue revenue bonds for the purpose of constructing, purchasing, improving, remodeling, furnishing or equipping any necessary buildings, structures, roads or other infrastructure of the district. B. An authority may pledge irrevocably any or all of the revenue…

A. An authority that has issued bonds in accordance with the Electric Generating Facility Economic District Act may issue refunding bonds for the purpose of refinancing, paying and discharging all or any part of outstanding bonds for the: (1) acceleration, deceleration or other m…

Except as otherwise provided in the Electric Generating Facility Economic District Act, all bonds or other obligations issued pursuant to that act are payable solely from the revenues of the district that may be pledged to the payment of such obligations, and the bonds or other o…

A. The energy, minerals and natural resources department shall develop a roadmap for grid modernization that shall detail priorities and strategies to modernize New Mexico's electric grid. B. The department shall establish a grid modernization grant program to support implementat…

The "grid modernization grant fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. The energy, minerals and natural resources department shall administer the fund, and money in the fund is subject to appropriation by the legisl…