reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 5 - Geothermal Resources Conservation (Repealed.) › Section 71-5-22 - Repealed.

History:
1953 Comp., § 65-11-22, enacted by Laws 1975, ch. 272, § 22; repealed by Laws 2016, ch. 71, § 14 and Laws 2016, ch. 78, § 14.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 71, § 14 and Laws 2016, ch. 78, § 14 repealed 71-5-22 NMSA 1978, as enacted by Laws 1975, ch. 272, § 22, relating to violation of court order grounds for appointment of receiver, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 5 - Geothermal Resources Conservation (Repealed.) › Section 71-5-23 - Repealed.

History:
1978 Comp., § 71-5-23, enacted by Laws 1981, ch. 362, § 2; repealed by Laws 2016, ch. 71, § 14 and Laws 2016, ch. 78, § 14.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 71, § 14 and Laws 2016, ch. 78, § 14 repealed 71-5-23 NMSA 1978, as enacted by Laws 1981, ch. 362, § 2, relating to violations of the Geothermal Resources Conservation Act and penalties, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 5 - Geothermal Resources Conservation (Repealed.) › Section 71-5-24 - Repealed.

History:
1953 Comp., § 65-11-24, enacted by Laws 1975, ch. 272, § 24; 1977, ch. 255, § 91; repealed by Laws 2016, ch. 71, § 14 and Laws 2016, ch. 78, § 14.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 71, § 14 and Laws 2016, ch. 78, § 14 repealed 71-5-24 NMSA 1978, as enacted by Laws 1975, ch. 272, § 24, relating to seizure and sale of illegal geothermal resources or illegal geothermal resources product and procedure, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-1 - Short title.

This act [71-6-1 to 71-6-3 NMSA 1978] may be cited as the "Solar Energy Development Act."
History:
1953 Comp., § 4-37-1, enacted by Laws 1975, ch. 83, § 1.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-2 - Purpose.

The purpose of the Solar Energy Development Act [71-6-1 to 71-6-3 NMSA 1978] is to promote development and use of solar energy in New Mexico, by both industry and government for the benefit of New Mexico citizens and for the citizens of the United States. It is proposed to accomplish this purpose through active measures to encourage the location within this state of the proposed national solar institute, research to discover practical and feasible methods to harness solar energy to supplement existing but limited present sources of energy and development of a vigorous and productive solar energy industrial complex.
History:
1953 Comp., § 4-37-2, enacted by Laws 1975, ch. 83, § 2.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-3 - Duties.

The commerce and industry department shall:
A. establish and operate a program of promotion to encourage investment in the research and application of solar energy within New Mexico;
B. promote and develop in New Mexico a vigorous and productive solar energy industrial complex;
C. actively seek and promote the state of New Mexico as the proper and ideal site, because of geographical location, climate, research facilities and plentiful supply of scientific and technical expertise, for the location of the proposed national solar institute;
D. develop necessary promotional material to be used in the process of attracting new investment capital within the solar energy field;
E. employ sufficient staff to carry out the purpose of the Solar Energy Development Act [71-6-1 to 71-6-3 NMSA 1978]; and
F. cooperate with private firms and all agencies of the state and federal government in furthering research and investment in solar energy use in New Mexico.
History:
1953 Comp., § 4-37-3, enacted by Laws 1975, ch. 83, § 3; 1977, ch. 245, § 17.
ANNOTATIONS
Law reviews.
— For article, " 'New Mexican Nationalism' and the Evolution of Energy Policy in New Mexico," see 17 Nat. Resources J. 283 (1977).
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-4 - Short title.

Sections 71-6-4 through 71-6-10 NMSA 1978 may be cited as the "Solar Collector Standards Act".
History:
Laws 1981, ch. 379, § 14; 2007, ch. 38, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changes the reference to the act from Sections "14 through 20 of this act" to Sections "71-6-4 through 71-6-10 NMSA 1978".
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-5 - Purpose.

The purpose of the Solar Collector Standards Act [71-6-4 to 71-6-10 NMSA 1978] is to develop and implement a program to promote solar industry and stimulate a demand for high quality solar components and systems.
History:
Laws 1981, ch. 379, § 15.
ANNOTATIONS
Emergency clauses.
— Laws 1981, ch. 379, § 24, makes the act effective immediately. Approved April 10, 1981.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-6 - Definitions.

As used in the Solar Collector Standards Act [71-6-4 to 71-6-10 NMSA 1978]:
A. "department" means the energy, minerals and natural resources department; and
B. "solar collector" means a component that provides for the collection and transfer of incident solar energy, such transfer to be effected through a liquid or air medium primarily by mechanical means for use in water heating, space heating or cooling or other applications that normally require or would require a conventional source of energy such as petroleum products, natural gas or electricity; but does not include a passive system that uses structural elements of a building to provide for the collection, storage and distribution of solar energy for heating or cooling without the use of a motor-driven fan or pump.
History:
Laws 1981, ch. 379, § 16; 2007, ch. 38, § 2.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, in Subsection A, defines "department" and in Subsection B, deletes the exclusion of custom installations to be assembled at the site at which installation is to be made, deletes the exclusion of what are commonly known as "passive systems", and adds the exclusion of a passive system that uses structural elements of a building to provide for the collection, storage and distribution of solar energy for heating or cooling without the use of a motor-driven fan or pump.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-7 - Department; duties relating to solar collector standards.

A. The department shall promulgate rules to:
(1) define minimum standards for the durability and reliability of solar collectors; and
(2) establish criteria for testing the durability, reliability and thermal efficiency of solar collectors.
B. In promulgating the rules required by Subsection A of this section, the department shall:
(1) consult with scientists, engineers and individuals in research centers and professional societies such as the American society of testing and materials who are engaged in the construction of, experimentation with and research of solar energy systems in order to make changes, modifications and improvements to the standards and certification program;
(2) consider compliance costs to industry and, insofar as practicable, make efforts to reduce such costs; and
(3) consider similar standards and testing criteria adopted by other states or included in nationally recognized and accepted testing methodologies.
C. The department shall approve testing facilities that meet the criteria established by Paragraph (2) of Subsection A of this section and that have no financial interest in the manufacture, distribution or sale of solar collectors. An approved testing facility that is partially or wholly supported by state funds may collect a reasonable testing fee sufficient to cover the costs of testing.
History:
Laws 1981, ch. 379, § 17; 1987, ch. 234, § 71; 2007, ch. 38, § 3.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, in Subsection A, changes "secretary of energy, minerals and natural resources or his designee" to the "department"; in Subsection B, changes "secretary or his designee" to "department"; and in Subsection C, changes "secretary of energy, minerals and natural resources or his designee" to "department".
The 1987 amendment,
effective July 1, 1987, substituted "energy, minerals and natural resources" for "energy and minerals" at the beginning of Subsections A and C.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-7.1 - Repealed.

History:
Laws 2007, ch. 38, § 5; repealed by Laws 2013, ch. 86, § 3.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 86, § 3 repealed 71-6-7.1 NMSA 1978, as enacted by Laws 2007, ch. 38, § 5, relating to construction standards to accommodate solar collectors and rulemaking, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-8 - Certification.

A. A person who manufactures, distributes or sells solar collectors may apply to the department for certification of the collectors. The department shall certify the solar collectors if:
(1) the applicant submits test results performed by an approved testing facility that show that the collectors meet the minimum standards of durability and reliability and that indicate the thermal efficiency of the collectors; or
(2) the applicant submits test results that show that the collectors meet the minimum standards of durability and reliability and that indicate the thermal efficiency of the collectors and the applicant submits proof that the collectors have been certified or approved by another state or the federal government and, in the opinion of the secretary of energy, minerals and natural resources, the minimum standards and testing criteria of the other state or the federal government are at least as stringent as those established pursuant to the Solar Collector Standards Act [71-6-4 to 71-6-10 NMSA 1978].
B. The department shall maintain accurate records of all solar collectors that have been certified pursuant to Subsection A of this section, including the test results submitted to the department. The records shall be available for public inspection.
C. Not more than once every two years, the department may require any applicant for which solar collectors have been previously certified pursuant to this section to submit additional or more recent test results. If the applicant continues to meet the requirements of Subsection A of this section, the certification of the solar collectors shall be continued. If the applicant fails to submit the additional or more recent test results or if the applicant fails to continue to meet the requirements of Subsection A of this section, the department shall withdraw the certification previously issued and shall so notify the applicant.
D. The department shall promulgate rules necessary to implement the provisions of this section.
History:
Laws 1981, ch. 379, § 18; 1987, ch. 234, § 72; 2007, ch. 38, § 4.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, in Subsection A, changes "energy, minerals and natural resources department" to "department"; in Paragraph (2) of Subsection A, changes "secretary of energy and minerals" to "secretary of energy, minerals and natural resources"; in Subsection B, changes "energy, minerals and natural resources department" to "department"; in Subsection C, changes "secretary of energy, minerals and natural resources" to "department" and in the last sentence, changes "secretary" to "department"; and in Subsection D, changes "energy, minerals and natural resources department" to "department".
The 1987 amendment,
effective July 1, 1987, substituted "energy, minerals and natural resources" for "energy and minerals" near the beginning of each of the four subsections.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-9 - Repeal.

History:
Laws 1981, ch. 379, § 19; 1987, ch. 234, § 73; 2007, ch. 38, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 38, § 7, repeals 71-6-9 NMSA 1978, being Laws 1981, ch. 379, § 19, as amended, relating to credit against personal income tax for solar collectors, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on NMOneSource.com.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 6 - Solar Energy Development › Section 71-6-10 - Liability.

Nothing in the Solar Collector Standards Act [71-6-4 to 71-6-10 NMSA 1978] shall be construed to create any liability of malfeasance, misfeasance or nonfeasance in the performance of any duty required of the state, any of its agencies or political subdivisions or any institution controlled by the state.
History:
Laws 1981, ch. 379, § 20.
ANNOTATIONS
Effective dates.
— Laws 1981, ch. 379, § 23, provides that the effective date of Laws 1981, ch. 379, § 22, is the first day after the date that the secretary of energy and minerals has certified to the governor in writing that a transition plan has been fully implemented pursuant to Subsection B of Section 13 of the Energy Research and Development Institute Act.
Emergency clauses.
— Laws 1981, ch. 379, § 24, makes the act effective immediately. Approved April 10, 1981.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 7 - Advanced Energy Technologies Economic Development Act › Section 71-7-1 - Short title.

This act [71-7-1 to 71-7-7 NMSA 1978] may be cited as the "Advanced Energy Technologies Economic Development Act".
History:
Laws 2004, ch. 55, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 55 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 7 - Advanced Energy Technologies Economic Development Act › Section 71-7-2 - Findings.

The legislature finds that advancing the development of hydrogen, fuel cell, renewable energy and energy efficiency technologies is important for the state's economic future and energy stability, and to protect the public health of its citizens and the state's environment. The legislature further finds that there is a need to assist in the development of early market demand that will advance the commercialization and widespread application of these emerging energy technologies. The legislature further finds that New Mexico is ideally positioned to stimulate advanced energy technology economic development due to its abundance of natural and renewable energy sources, a successful research and development track record, an ability to attract significant research and development federal dollars and the establishment of a variety of entrepreneurial support programs.
History:
Laws 2004, ch. 55, § 2.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 55 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 7 - Advanced Energy Technologies Economic Development Act › Section 71-7-3 - Purpose.

The Advanced Energy Technologies Economic Development Act provides funds to stimulate the market for and promote the statewide utilization of advanced energy technologies. That act further provides for a targeted program that advances the creation of a hydrogen and fuel cell industry cluster.
History:
Laws 2004, ch. 55, § 3.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 55 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 7 - Advanced Energy Technologies Economic Development Act › Section 71-7-4 - Definitions.

As used in the Advanced Energy Technologies Economic Development Act:
A. "alternative fuel" means natural gas, liquefied petroleum gas, electricity, hydrogen, a fuel mixture containing not less than eighty-five percent ethanol or methanol, a fuel mixture containing not less than twenty percent vegetable oil or a water-phased hydrocarbon fuel emulsion consisting of a hydrocarbon base and water in an amount not less than twenty percent by volume of the total water-phased fuel emulsion;
B. "clean energy" means alternative fuels, energy efficiency, renewable energy and fuel cells;
C. "department" means the energy, minerals and natural resources department;
D. "energy efficiency" means the application of technology resulting in the reduced or improved use of energy;
E. "fuel cell" means equipment using an electrochemical process to generate electricity and heat;
F. "fund" means the clean energy grants fund;
G. "renewable energy" means thermal or electrical energy generated by means of a low- or zero-emissions generation technology that has substantial long-term production potential, including solar, wind, geothermal, landfill gas or biomass, but does not include fossil fuel or nuclear power; and
H. "secretary" means the secretary of energy, minerals and natural resources.
History:
Laws 2004, ch. 55, § 4.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 55 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 7 - Advanced Energy Technologies Economic Development Act › Section 71-7-5 - Clean energy grants fund.

The "clean energy grants fund" is created in the state treasury. The fund shall consist of money appropriated and transferred to the fund and tax revenues distributed to the fund by law. Earnings from investment of the fund shall be credited to the fund. Money in the fund is subject to appropriation by the legislature to the department for the purpose of administering the clean energy grants program pursuant to the Advanced Energy Technologies Economic Development Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources.
History:
Laws 2004, ch. 55, § 5.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 55 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 7 - Advanced Energy Technologies Economic Development Act › Section 71-7-7 - Hydrogen and fuel cell technologies development program.

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 the state. The program shall include:
(1) establishing a public-private partnership between the state, national laboratories, nonprofit organizations and the hydrogen and fuel cell technologies industry sector to provide guidance and support for hydrogen and fuel cell initiatives;
(2) supporting activities to adopt uniform hydrogen safety codes and standards and provide education and training to communicate these codes and standards to the appropriate fire and regulatory entities;
(3) developing demonstration projects by pursuing federal funds and other available funds to augment state resources, advancing public education about hydrogen and fuel cell technology and building the necessary infrastructure to support commercial use and adoption of hydrogen and fuel cell technologies; and
(4) coordinating and supporting research and education activities in hydrogen and fuel cells between state universities and federally funded research and development organizations in the state to promote closer cooperation and advance the state's overall capabilities and programs in hydrogen and fuel cell technologies.
B. The economic development department shall report on the status and progress of the hydrogen and fuel cell technologies development program to the legislative finance committee prior to each regular legislative session. The report shall include the type and amount of expenditures made pursuant to the appropriation in this section.
History:
Laws 2004, ch. 55, § 7.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 55 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-1 - Short title.

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.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-2 - Definitions.

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 been appointed pursuant to that section, "planning commission" means the board of county commissioners;
C. "sustainable development" means a live-in environment composed of structures and systems that inherently produce utilities and life-support systems free of existing conventional grids and disposal systems. "Sustainable development" includes:
(1) the inherent provision of on-site energy needs via renewable resources;
(2) the inherent provision of water needs while minimizing the withdrawals from ground water and surface water systems in accordance with state water law and the rules and policies of the state engineer;
(3) the inherent provision of sewage treatment needs with zero discharge;
(4) the reuse of materials discarded by modern society; and
(5) the development of organic foods and fuel;
D. "sustainable development research" means activities conducted at a sustainable development testing site that test ideas, concepts or inventions designed to lead ultimately to sustainable development;
E. "sustainable development testing site" means an area that is:
(1) two acres or less in size;
(2) situated wholly outside the planning and platting jurisdiction of a municipality; and
(3) subject to a testing site permit and existing federal laws and regulations; and
F. "testing site permit" means a permit, issued by a planning commission, that designates an area as a sustainable development testing site and specifies:
(1) the sustainable development research that can be conducted within the site by the permittee; and
(2) the county codes, ordinances, rules or permits that are not applicable to the permittee and the research.
History:
Laws 2007, ch. 34, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-3 - Application for testing site permit; evaluation; notice of 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 development research that will be conducted on the sustainable development testing site, including an explanation of the ideas, concepts and inventions that will be tested;
(2) a schematic layout of the sustainable development testing site;
(3) the number of inhabitants and employees that are expected to occupy the sustainable development testing site;
(4) a water budget detailing the anticipated indoor and outdoor water use for the sustainable development testing site;
(5) an assessment of the county codes, ordinances, rules or permits relating to construction or building requirements, occupancy, zoning or subdivisions that are not practicable for the specific sustainable development testing site and that may inhibit the proposed sustainable development research and an explanation of how the sustainable development testing site will not be damaged if the proposed sustainable development research at the site is allowed;
(6) an application fee, set by the planning commission, equal to the estimated costs of evaluating the application, holding the public hearing and administering the permit;
(7) other information as may be required by rules adopted pursuant to Section 8 [71-8-8 NMSA 1978] of the Sustainable Development Testing Site Act or by rule of the planning commission or ordinance of the county; and
(8) copies of all required state permits, including the approval of the wastewater treatment and disposal technology on an experimental basis.
B. Upon receipt of a complete application, the planning commission shall:
(1) forward a copy of the application to the office of the state engineer and to the department of environment;
(2) set a date for a public hearing on the application; and
(3) publish in a newspaper of general circulation in the county an announcement of its receipt of the application, a notice of the public hearing and information concerning where an interested person can obtain a copy of the application.
C. The department of environment and the office of the state engineer shall, prior to the hearing, evaluate the application and the proposed sustainable development research to be performed at the proposed sustainable development testing site and submit comments to the planning commission.
History:
Laws 2007, ch. 34, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-5 - Testing site permit; effect.

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 permit as inapplicable to the permittee and the research;
B. nothing in the Sustainable Development Testing Site Act or the testing site permit shall be deemed to allow the permittee to appropriate or otherwise use underground or surface water without first obtaining a water rights permit or approval from the state engineer. New appropriations of water and water rights transfers shall in no event be exempted from state water law and the rules of the state engineer;
C. employees and agents of the state or the county may, at all reasonable times, enter the sustainable development testing site for the purpose of inspecting the site and activities conducted on the site to ensure that conditions specified in the testing site permit are being met;
D. the permittee shall annually, no later than the anniversary date of the testing site permit, submit a report to the planning commission, the department of environment, the state engineer, the energy, minerals and natural resources department and the construction industries division of the regulation and licensing department describing the sustainable development research conducted during the preceding twelve months and summarizing the results. The report shall also include all required monitoring data for soil, water, including water quality and quantity, and air. All information contained in the report and all other information learned from activities pursuant to the testing site permit shall be made available to the public;
E. the planning commission may revoke the testing site permit if it finds, after a public hearing, that:
(1) the permittee has violated a testing site permit provision, a provision of the Sustainable Development Testing Site Act or a rule adopted pursuant to Section 8 [71-8-8 NMSA 1978] of that act; or
(2) the sustainable development testing site has not complied with a permit provision, ordinance, rule, regulatory policy or other associated administrative action of the state engineer, the department of environment or another state or federal agency; and
F. a permittee may apply to have a testing site permit amended by submitting a new application pursuant to Section 3 [71-8-3 NMSA 1978] of the Sustainable Development Testing Site Act; provided that, if the planning commission determines that the proposed amendment will not substantially alter the sustainable development research or other activities conducted at the sustainable development testing site, it may waive the requirements of that section for notice and public hearing.
History:
Laws 2007, ch. 34, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-6 - Expiration of testing site permits.

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 provide the wastewater treatment and disposal technologies to the wastewater technical advisory committee for review and, if appropriate, for listing by the department of environment as approved for use.
History:
Laws 2007, ch. 34, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-7 - Sale of land within a sustainable development testing site.

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 agreement with the planning commission to bring the land and improvements within the sustainable development testing site into compliance with all county codes, ordinances, rules or permits that would be applicable to the site in the absence of a testing site permit.
History:
Laws 2007, ch. 34, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 8 - Sustainable Development Testing Site Act › Section 71-8-8 - Promulgation of rules.

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 development testing site.
History:
Laws 2007, ch. 34, § 8.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 34, § 9 makes the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-1 - Short title.

Sections 1 through 11 [71-9-1 to 71-9-11 NMSA 1978] of this act may be cited as the "Geothermal Resources Development Act".
History:
Laws 2016, ch. 71, § 1 and Laws 2016, ch. 78, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 1 and Laws 2016, ch. 78, § 1, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 1.
See
12-1-8 NMSA 1978.
Temporary provisions.
— Laws 2016, ch. 78, § 13 provided that on July 1, 2016, any appropriations, money and records of the oil conservation commission or the oil conservation division of the energy, minerals and natural resources department dedicated to its powers and duties under the Geothermal Resources Conservation Act are transferred to the energy conservation and management division of that department.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-2 - Findings and purpose.

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 such a manner as to safeguard life, health, property, natural resources and the public welfare and to encourage maximum economic recovery.
History:
Laws 2016, ch. 71, § 2 and Laws 2016, ch. 78, § 2.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 2 and Laws 2016, ch. 78, § 2, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-3 - Definitions.

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 resources within such reservoir, being an amount, so far as can be practicably determined and so far as can be practicably obtained without waste, substantially in the proportion that the recoverable geothermal resources of such ownership or lease interest bear to the total recoverable geothermal resources in the reservoir and, for such purpose, to use the owner's or leaseholder's just and equitable share of the natural heat or energy in the reservoir;
B. "division" means the energy conservation and management division of the energy, minerals and natural resources department;
C. "geothermal reservoir" means an underground reservoir containing geothermal resources, whether the fluids in the reservoir are native to the reservoir or flow into or are injected into the reservoir;
D. "geothermal resources" means the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, or the energy, in whatever form, below the surface of the earth present in, resulting from, created by or that may be extracted from this natural heat in excess of two hundred fifty degrees Fahrenheit, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas and other hydrocarbon substances and excluding the heating and cooling capacity of the earth not resulting from the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, as may be used for the heating and cooling of buildings through an on-site geo-exchange heat pump or similar on-site system; and
E. "person" means an individual or other legal entity, including federal, state or local governments or their agents or instrumentalities.
History:
Laws 2016, ch. 71, § 3 and Laws 2016, ch. 78, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 3 and Laws 2016, ch. 78, § 3, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-4 - Exclusion; incidental loss or extraction of heat; limited 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 require any diversion of ground water; or
(2) all diverted ground water is reinjected as soon as practicable into the same ground water source from which it was diverted, resulting in no new depletions to the source; provided that:
(a) the division shall provide to the state engineer all information available to the division regarding the proposed diversion and reinjection and shall request the opinion of the state engineer as to whether existing ground water rights sharing the same ground water source may be impaired; and
(b) if the state engineer determines that the information provided is sufficient to render an opinion and it is the opinion of the state engineer that any existing ground water rights may be impaired, the division, upon receipt of the opinion of the state engineer, shall require the owner or operator to submit to the division a plan of replacement with regard to any existing ground water rights that are likely to be impaired.
B. In response to a request for opinion pursuant to Subsection A of this section, the determination by the state engineer as to whether the information provided is sufficient to render an opinion or the issuance by the state engineer of an opinion shall not constitute a decision, act or refusal to act under Section 72-2-16 NMSA 1978.
C. No ground water right is established through the use of ground water as allowed in Subsection A of this section.
D. As used in this section, "plan of replacement" means a detailed plan for the replacement of water, which may include:
(1) the furnishing of a substitute water supply;
(2) the modification of existing water supply facilities;
(3) the drilling of replacement wells;
(4) the assumption of additional operating costs;
(5) the procurement of documentation establishing a waiver of protection by owners of affected water rights;
(6) artificial recharge; or
(7) any other means to avoid impairment of water rights.
History:
Laws 2016, ch. 71, § 4 and Laws 2016, ch. 78, § 4.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 4 and Laws 2016, ch. 78, § 4, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 4.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-5 - General duties, jurisdiction and authority of the division.

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 public welfare; and encouraging maximum economic recovery of the geothermal resources. The division may require persons seeking to explore, develop or produce geothermal resources to obtain permits from the division.
B. The division has jurisdiction over all matters relating to the exploration, development and production of geothermal resources. It has jurisdiction, authority and control of all persons, matters and things necessary or proper to enforce effectively the provisions of the Geothermal Resources Development Act, including making investigations and inspections of geothermal projects, facilities and wells.
C. The division may limit and allocate production of geothermal resources as needed to prevent waste whenever the total amount of geothermal resources that may be produced from a geothermal reservoir is limited. The division shall allocate and distribute the allowable production, insofar as is practicable, to afford each ownership or lease interest in a geothermal reservoir the opportunity to produce its just and equitable share of the geothermal resources in the reservoir.
D. The division shall have exclusive authority to regulate injection into geothermal wells pursuant to the Geothermal Resources Development Act and shall have exclusive authority over matters related to the protection of natural resources, property, health and public welfare as they relate to geothermal injection wells.
History:
Laws 2016, ch. 71, § 5 and Laws 2016, ch. 78, § 5.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 5 and Laws 2016, ch. 78, § 5, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-7 - Access to property.

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 Development Act or a rule, permit or order of the division, or to examine and copy, during reasonable business hours, those records or memoranda of the business being investigated; provided, however, that any inspection or investigation on private property shall be at reasonable times and upon notice to the private landowner. Employees or agents acting under the authority of this section shall observe the business's safety, internal security and fire protection rules.
History:
Laws 2016, ch. 71, § 7 and Laws 2016, ch. 78, § 7.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 7 and Laws 2016, ch. 78, § 7, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 7.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-8 - Administrative penalty.

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 each violation. In the case of a continuing violation, each day of violation shall constitute a separate violation.
B. In determining the amount of the penalty, the division shall consider the person's history of previous violations of the Geothermal Resources Development Act or the Geothermal Resources Act [19-13-1 to 19-13-28 NMSA 1978] or the rules or permits issued pursuant to those acts, the seriousness of the violation, any hazard to the health or safety of the public or the environment and the demonstrated good faith of the person.
C. The division may assess a civil penalty only after the person charged with a violation has been given an opportunity for a public hearing.
D. After the public hearing is held, or the person has failed to participate in the public hearing, the division shall issue an order requiring that any penalty imposed be paid.
E. If the person fails to pay the civil penalty as ordered by the division, the division may file a civil suit to collect the penalty in the district court of the county in which the defendant resides or in which any defendant resides if there is more than one defendant or in the district court of any county in which the violation occurred.
History:
Laws 2016, ch. 71, § 8 and Laws 2016, ch. 78, § 8.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 8 and Laws 2016, ch. 78, § 8, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 8.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-9 - Appeals.

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.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 9 and Laws 2016, ch. 78, § 9, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 9.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-10 - Water rights owner; action for impairment.

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 claimed impairment of existing water rights due to the exploration, development or production of geothermal resources pursuant to Section 4 [71-9-4 NMSA 1978] of that act.
History:
Laws 2016, ch. 71, § 10 and Laws 2016, ch. 78, § 10.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 10 and Laws 2016, ch. 78, § 10, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 10.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 71 - Energy and Minerals › Article 9 - Geothermal Resources Development › Section 71-9-11 - Transfer of administration of rules, orders and permits.

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 effective date of the Geothermal Resources Development Act shall be administered by the energy conservation and management division of the department and shall remain in full force and effect after that date until repealed or amended, unless in conflict with, prohibited by or inconsistent with the provisions of the Geothermal Resources Development Act.
History:
Laws 2016, ch. 71, § 11 and Laws 2016, ch. 78, § 11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The Geothermal Resources Conservation Act, §§ 71-5-1 to 71-5-24 NMSA 1978, was repealed by Laws 2016, ch. 78, § 14, effective July 1, 2016.
Effective dates.
— Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 71, § 11 and Laws 2016, ch. 78, § 11, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 11.
See
12-1-8 NMSA 1978.