March 1, 2001

Mr. President:

Your CONSERVATION COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 3, line 6, after "means" strike the remainder of the line, strike lines 7 through 10 in their entirety and insert in lieu thereof:

"a person offering competitive service to customers purchasing electricity in the state whether directly or as an intermediary or agent of the seller or purchaser;"

2. On page 3, line 12, strike "department of".

3. On page 3, line 13, before the semicolon insert "department or his designee".

4. On page 3, line 16, after the second "facility" insert ", only for the purposes of the Renewable Energy Certification Act,".

5. On page 3, between lines 20 and 21, insert the following new subsection:

"G. "large producer" means a renewable energy facility that is rated to generate more than ten kilowatts of power;".

6. Reletter succeeding subsections accordingly.

7. On page 4, line 8, after "means" strike the remainder of the line, strike line 9 in its entirety and insert in lieu thereof:

"sun, wind, hydropower, a geothermal energy source, landfill gas, anaerobically digested waste biomass or fuel cells that are not fossil fueled; "renewable energy resource" does not mean fossil fuel or nuclear energy;".

8. On page 6, line 15, after "a" strike "transmission" and insert in lieu thereof "power transmission or distribution".

9. On page 8, strike lines 3 through 6 in their entirety.

10. Reletter the succeeding subsection accordingly.

11. On page 8, strike lines 10 through 25, on page 9, strike lines 1 through 4 and insert in lieu thereof the following new section:

"Section 7. PRODUCTION AND PUBLICATION OF INFORMATION ON RENEWABLE ENERGY UNITS.--The director shall publish at least annually for public information a list of certified renewable energy facilities and provide an annual accounting of renewable energy units produced in New Mexico.".

12. On page 10, between lines 17 and 18, insert the following new subsections:

"C. All money collected by the director as a result of fines levied and paid pursuant to this section shall be deposited in the general fund.

D. Disputes arising from an audit, penalty or other enforcement action may be appealed to the secretary of energy, minerals and natural resources. Appeals from a decision of the secretary pursuant to the Renewable Energy Certification Act shall be filed with the district court in the district in which the

renewable energy facility is located or in Santa Fe.".,

and thence referred to the FINANCE COMMITTEE.

Respectfully submitted,

__________________________________

Carlos R. Cisneros, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 9 For 0 Against

Yes: 9

No: 0

Excused: None

Absent: None

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