HOUSE BILL 159

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Debra M. Sariñana and Harold Pope and Alan T. Martinez

AN ACT

RELATING TO CONSTRUCTION; REQUIRING DEVELOPERS OR OWNERS OF RENEWABLE ENERGY OR OTHER PROJECTS TO NOTIFY THE CHAIR OF THE MILITARY BASE PLANNING COMMISSION OF A NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION SUBMITTED TO THE FEDERAL AVIATION ADMINISTRATION TO INITIATE THE UNITED STATES DEPARTMENT OF DEFENSE MILITARY AVIATION AND INSTALLATION ASSURANCE SITING CLEARINGHOUSE'S APPROVAL PROCESS; REQUIRING NOTICE OF FEDERAL APPROVAL OR A FINDING OF ADVERSE IMPACT.

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

     SECTION 1. A new section of Chapter 9, Article 15 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NOTIFICATION TO MILITARY BASE PLANNING COMMISSION--FAILURE AND REMOVAL.--When the developer or owner of a project for construction or expansion of a wind energy conversion device, solar collector or other facility submits a notice of proposed construction or alteration of a project to the federal aviation administration to initiate the approval process by the United States department of defense's military aviation and installation assurance siting clearinghouse in compliance with federal law, the project developer or owner shall:

          A. within ten days, inform the chair of the military base planning commission in writing about the submitted notice and provide a description of the project's location and basic project details; and

          B. within ten days of obtaining an approval or a finding of adverse impact from the military aviation and installation assurance siting clearinghouse, provide a copy of the approval or finding to the chair of the commission."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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