Unfortunately, none of the bills directly supporting renewable energy passed, despite the efforts of CCAE and others.

Support

**SB 761 - Providing a Gross Receipts Tax Deduction for Certain Clean Energy Devices

• dishwashers, washing machines, standard refrigerators, efficient fuel cells, efficient natural gas or solar water heaters; pv systems would be exempt from the gross receipts tax

**HB 894 - Tax Credits on Personal Income Tax for Purchase of Renewable Equipment (Lujan)

• provides investment credit against personal income tax for up to $50,000 on purchase of generation technology using solar light, solar heat, wind, geothermal, landfill gas, biomass and fuel cells.
• provides a renewable energy production credit equal to $.015 per kilowatt hour of electricity produced.
• limits tax credit claims to no more than $8 million total on a first-come, first-served basis and verified by the Public Regulation Commission.

**SB 325 - Renewable Energy Tax Credits against Corporate Income Tax (Wilson)

• would allow taxpayers to claim a renewable energy investment credit against corporate income tax, up to $50,000, equal to 20% of the cost of productive capital used for generation of electricity using a qualified energy resource (low or zero-emissions technology including solar, wind, geothermal, landfill gas, anaerobically digested waste biomass and fuel cells)
• a taxpayer that owns a qualified generator is eligible for a renewable energy production credit equal to $0.015/kwh.
• the PRC is charged with determining whether an applicant for the credit(s) is a qualified generator using a qualified energy resource. The PRC will issues a tax credit claim to qualified applicants.
• the total amount of tax credit claims approved and issued annually is no more than $8 million per year (first-come, first-served).
• provides for an appropriation of $100,000 in FY2002 for one FTE and to cover PRC's costs of starting the program

**SB380 - Amending Provisions of the Restructuring Act regarding SBC (Tsosie)

• would implement the system benefits charge on 1/1/2002 (at 3 mills/kwh)
• increase SBC to 6 mills on 1/1/2007
• other provisions remain the same

SB 655 - Establishing a Renewable Energy Certification Program (Cisneros)

This bill would establish a program to verify and provide certificates for renewable energy produced in the state. It will monitor and record the production of renewable energy generation. This will provide certainty that the public is receiving renewable power they have purchased. It will also provide more accurate information for labeling energy for the public.

HB 405 - Allowing Utility Cost Savings and Conservation-Related Cost Savings to be Pledged and Used for Payments for Conservation Measures in Public Buildings (Burpo)

• add definition of "conservation-related cost savings" (cost savings, other than utility cost savings, in the operating budget of a governmental unit that are a direct result of energy or water conservation measures implemented pursuant to a guaranteed utility savings contract)
• add definition of "guaranteed utility savings contract" (a contract for the evaluation and recommendation of energy or water conservation measures and for the implementation of one or more of those measures, and which contract provides that all payments, except obligations on termination of the contract before its expiration, are to be made over time and the savings are guaranteed to the extent necessary to make the payments for the conservation measures.
• adding traffic control systems and alternative fuel options for vehicles to list of conservation techniques/technologies

HB 575 - Providing for a Distribution from the Extraction Taxes Suspense Fund to the Low Income Home Energy Assistance Program if Collections from the Oil and Gas Emergency School Tax Exceed Certain Amounts (Garcia)

• money remaining in the suspense fund will be transferred to the general fund
• 30% of that amount would be transferred to the income support division of the human services dept. for the LIHEAP program.

Oppose

**SB 691 - Providing for a Legislative Committee to Study the Economic Feasibility of Constructing a Coal-Fired Plant in NE New Mexico (Jennings)

• will investigate feasibility of the state entering into a joint venture for the costs and operation of the plant - under which the state would supply land and a portion of capital and operating costs and direct a streamlined program in return for a long-term contract for electricity at the lowest obtainable price for New Mexicans

**HB 866 - Allowing Local Governments to Issue Construction Permits for Generation Plants (Tinnin)

This bill adds a section to the Air Quality Control Act to allow local governing bodies to issue a construction permit for an electric generation facility with 100 megawatts or less of generating capacity.

SB 264 - Amending the Air Quality Control Act (Jennings) [same as Heaton's HB 278]

• changes definition of potential emission rate
• adds "no action for civil penalty shall be commenced more than 5 years after the alleged violation"

SB 452 - Requiring Utility Right-of-Way Applications to Be Processed within 6 months (Payne)

• amends the statute to read "The Commission shall issue its order granting or denying the application within six months from the date the application is filed with the commission. Failure to issue its order within six months is deemed to be approval of the application"

SB 739 - Allows a Gross Receipts Tax Deduction for the Sale of Construction Services and materials for Certain Electricity Generation Facilities (Adair)

This bill allows a gross receipts tax deduction for electricity generation facilities with a property tax of more than $550 million, in class B counties (population of 47,000 to 60,000).

SB 672 - Providing an Additional Consideration for the Location of Generation Plants and Transmission Lines (Hurt)

• adds system reliability to siting considerations for generating plants and transmission lines (PRC shall approve an application for a plant or transmission line unless it won't comply with air and water pollution standards or if not approving it will unduly impair power system reliability)

SB 266 - Delay of the Restructuring Act of 1999 (Sanchez)

• would delay implementation of the restructuring act of 1999 until 1/1/2007 (for residential, small business customers and schools) and until 1/1/2008 (for all other customers)
• would also delay implementation of rules associated with the act (including system benefits charge and renewable portfolio standard)

CCAE's reaction to amendments (which passed) to SB266

Potentially Bad, neutral at best

SB 111 - Electricity Sales Tax Act (Cisneros)

• imposes new sales tax (equal to state and local gross receipts tax) for retail electricity sales (exempts US federal agencies, state agencies, Indian nations, foreign nations and 501(c)(3) organizations).
• electricity sales tax monies collected would be distributed with regular gross receipts tax monies

HB 790 - Amending the Air Quality Control Act; Repealing Local Authority and Creating a Regional Authority (Gubbels)

SB 738 - Provides Issuance of Industrial Revenue Bonds for Electricity Generation Projects (Adair)

This bill would allow class B counties with population of 47,000 to 60,000 to use industrial revenue bonds for the construction of electricity generation facilities.