SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE MEMORIAL 44

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

A MEMORIAL

REQUESTING THE NEW MEXICO RENEWABLE ENERGY TRANSMISSION AUTHORITY TO IDENTIFY AND PRIORITIZE RENEWABLE ENERGY RESOURCE ZONES IN NEW MEXICO THAT HAVE POTENTIAL TO SUPPORT INDUSTRY DEVELOPMENT AMONG RENEWABLE ENERGY DEVELOPERS FOR RENEWABLE RESOURCE GENERATION PROJECTS AND IDENTIFY AND PRIORITIZE THE BEST VIABLE OPTIONS FOR POTENTIAL TRANSMISSION CORRIDORS TO ACCOMMODATE RENEWABLE ENERGY EXPORT FROM NEW MEXICO IN ACCORDANCE WITH A DEFINED TIME LINE AND REQUESTING THE NEW MEXICO RENEWABLE ENERGY TRANSMISSION AUTHORITY TO CONVENE A WORKING GROUP TO SUBMIT RECOMMENDATIONS TO THE LEGISLATURE FOR ESTABLISHING A PROCESS TO STREAMLINE PROCEDURES FOR ESTABLISHING RENEWABLE ENERGY TRANSMISSION PROJECTS IN NEW MEXICO.

     WHEREAS, New Mexico is a state rich in renewable resource potential, including, but not limited to, solar, wind, geothermal, biomass and biofuels energy; and

     WHEREAS, New Mexico is lacking transmission capacity to deliver renewable energy from where it is generated to load centers where it is needed; and

     WHEREAS, New Mexico has taken the initiative to implement policies and incentives for renewable resource development, and, given New Mexico's geographical location, the state is poised to become a leader in the new energy economy; and

     WHEREAS, renewable resource development will breathe new life into rural New Mexico through job creation, job training programs and financial investment; and

     WHEREAS, transmission projects provide improved system reliability, improved infrastructure for economic development and enhanced diversity of power generation technologies that lead to lower or stabilized energy costs; and

     WHEREAS, transmission development could open a market for New Mexico to export energy to markets outside of the state; and

     WHEREAS, the use of renewable energy resources is of vital importance to New Mexico's future; and  

     WHEREAS, the New Mexico renewable energy transmission authority was created by the passage into law of House Bill 188 in 2007 that requires the authority to plan, finance, build and operate new electricity transmission lines that carry power at least thirty percent of which originates from renewable sources; and

     WHEREAS, through resolution, the authority has agreed to adhere to the Open Meetings Act; and

     WHEREAS, the identification of renewable energy resource zones and potential corridors to accommodate those identified zones affects the public and the potential for opportunities in New Mexico; and

     WHEREAS, there exist substantial barriers to developing, siting, permitting, procuring and establishing electric transmission infrastructure in New Mexico due to the multiple state and federal requirements that apply; and

     WHEREAS, the western governors' association has undertaken the western renewable energy zone process to identify and expedite cost-effective, environmentally sensitive electric transmission development to areas with high-grade, renewable energy resources; and

     WHEREAS, encouraging greater and more timely renewable energy development means that New Mexico's governmental bodies and instrumentalities, Public Service company of New Mexico, Tri-State Generation and Transmission association, incorporated, El Paso Electric company, the United States bureau of land management, the United States forest service and New Mexico nongovernmental environmental organizations need to establish a coordinated, cohesive and unified approach to improve and streamline the manner in which renewable-energy electric transmission infrastructure is developed, sited, permitted, procured and established; and

     WHEREAS, New Mexico needs to establish a framework for early cooperation and participation among and between state and federal entities and processes to enhance coordination of all applicable land use authorizations, related environmental, cultural and historic preservation reviews and all other approvals that may be required under federal law in order to site electric transmission facilities; and

     WHEREAS, for electric transmission infrastructure that crosses state boundaries, there will need to be coordination with bodies and agencies of the federal government;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the board of the New Mexico renewable energy transmission authority be requested to:

          A. develop a map and any necessary supporting documents identifying existing generation and transmission lines and renewable energy resource zones within New Mexico that have the potential to support competition among renewable energy developers for development of projects in the identified renewable energy resource zones;

          B. coordinate with applicable state and federal agencies to prioritize regions with low or minimal land development conflicts;

          C. using the map and additional available information, identify and prioritize the best viable options for potential transmission corridors to accommodate renewable energy exports from New Mexico;

          D. present the map and documents developed pursuant to this memorial to the governor and the interim legislative New Mexico finance authority oversight committee at its first meeting of the interim;

          E. solicit public comments on the draft maps and documents presented to the committee;

          F. provide for a forty-five-day public comment period;  

          G. solicit electric utilities, affiliated transmission companies and independent transmission companies to identify the existing or new transmission infrastructure necessary to deliver energy production potential for each of the regions identified and submit this information to the authority for review; and

          H. report back to the New Mexico finance authority oversight committee no later than October 31, 2009 with a revised map and supporting documents designating zones and prioritized corridors based on consideration of public comments and proposed transmission infrastructure; and

     BE IT FURTHER RESOLVED that the New Mexico renewable energy transmission authority be requested to convene a working group, composed of the public regulation commission, the commissioner of public lands, the economic development department, Public Service company of New Mexico, Tri-State Generation and Transmission association, incorporated, El Paso Electric company, the United States bureau of land management, the United States forest service and New Mexico nongovernmental environmental organizations, and submit a joint report to the legislature by October 1, 2009 that:

          A. identifies administrative, jurisdictional and other barriers that may impede effective and expeditious opportunities for developing electric transmission infrastructure to support renewable energy production in New Mexico;

          B. describes opportunities to integrate utility infrastructure planning into federal, state and local planning initiatives, with the goal of streamlining the process by which projects can be permitted and developed while improving utility and public communication as part of the planning process;

          C. proposes modification of procedures for the federal energy regulatory commission prefiling process for an electric transmission project to begin and proceed concurrently with other federal and state permitting processes; and

          D. recommends actions, agreements, regulatory reform and other steps that could be taken by the state and the federal government to establish a coordinated, cohesive and unified approach to improve and streamline the manner in which renewable energy transmission infrastructure is developed, sited, permitted, procured and established within New Mexico to promote effective and expeditious electric transmission infrastructure; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the renewable energy transmission authority, the public regulation commission, the commissioner of public lands, the economic development department, Public Service company of New Mexico, Tri-State Generation and Transmission association, incorporated, El Paso Electric company, the United States bureau of land management and the United States forest service.

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