SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 650

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO FEDERAL FUNDS; CREATING THE RENEWABLE ENERGY AND TECHNOLOGY FUND; PROVIDING FOR ADMINISTRATION AND DISTRIBUTION; CREATING A TECHNICAL ADVISORY COMMITTEE; PROVIDING POWERS AND DUTIES; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. RENEWABLE ENERGY AND TECHNOLOGY FUND--CREATED--FEDERAL STIMULUS FUNDS--DEPARTMENT DUTIES--TECHNICAL ADVISORY COMMITTEE.--

          A. The "renewable energy and technology fund" is created as a nonreverting fund in the state treasury. The fund consists of legislative appropriations, gifts, grants and donations to the fund and federal stimulus distributions, including unencumbered federal stimulus funds, to the state related to:

                (1) information or innovative technology;

                (2) research, investment or development in clean or renewable energy generation transmission and infrastructure; and

                (3) other science-related infrastructure, education and research.

          B. The economic development department shall administer the fund, and money in the fund shall be used to provide grants for technology- and energy-related projects or other project-ready programs allowed by the federal stimulus law or according to provisions of federal appropriations. Any money from the federal stimulus distributions unencumbered to a specific project within one year from receipt shall be deposited in the state treasury to the credit of the fund. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of economic development or the secretary's authorized representative.

          C. The "technology and energy stimulus technical advisory committee" is created, composed of the following members:

                (1) one member appointed by the governor;

                (2) one member appointed by the speaker of the house of representatives;

                (3) one member appointed by the president pro tempore of the senate;

                (4) one member appointed by the majority floor leader of the house of representatives;

                (5) one member appointed by the majority floor leader of the senate;

                (6) one member appointed by the minority floor leader of the house of representatives;

                (7) one member appointed by the minority floor leader of the senate;

                (8) one member appointed by the public regulation commission;

                (9) the director of Sandia national laboratories or the director's designee;

                (10) the director of Los Alamos national laboratory or the director's designee;

                (11) the secretary of economic development or the secretary's designee; and

                (12) the president of New Mexico institute of mining and technology, who shall serve as chair.

          D. Appointment to the committee shall be made no later than twenty days after the effective date of this act. The appointed members of the committee and designees shall be knowledgeable in at least one area related to:

                (1) information or innovative technology;

                (2) research, investment or development in clean or renewable energy generation and transmission infrastructure; or

                (3) other science-related infrastructure, education or research.

          E. The committee shall meet at the call of the chair as necessary to carry out its duties, but no less than once a month. The first meeting shall be held no later than May 1, 2009.

          F. The committee shall:

                (1) provide no later than one month after the federal guidelines for the federal American Recovery and Reinvestment Act of 2009 are published a statewide renewable energy development strategic plan to distribute money in the fund;

                (2) identify project-ready programs to provide grants and contracts to develop renewable energy and technology; and

                (3) provide guidance on the distribution of money in the fund.

          G. Members of the committee shall not be entitled to per diem and mileage expenses. The economic development department shall serve as staff for the committee.

     Section 2. AGENCY CONSULTATION ON TECHNOLOGY AND ENERGY-RELATED PROJECTS.--An agency with a project-ready program for a technology- or energy-related project that may apply for federal money pursuant to the federal American Recovery and Reinvestment Act of 2009 shall provide the technology and energy stimulus technical advisory committee with the project information for review and consideration. The technology and energy stimulus technical advisory committee shall provide guidance to an agency on the priority of project-ready programs for which federal money shall be sought. The agency shall give priority to project-ready programs identified by the committee.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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