SENATE BILL 413

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Harold Pope

AN ACT

RELATING TO CONSTRUCTION; REQUIRING PROJECT OWNERS OF PROJECTS CONSTRUCTING OR EXPANDING A WIND ENERGY CONVERSION DEVICE OR SOLAR COLLECTOR TO NOTIFY THE CHAIR OF THE MILITARY BASE PLANNING COMMISSION OF AN APPLICATION TO THE FEDERAL MILITARY AVIATION AND INSTALLATION ASSURANCE SITING CLEARINGHOUSE AND TO PROVIDE A COPY OF THE CLEARINGHOUSE'S APPROVAL OR FINDING OF ADVERSE IMPACT; REQUIRING A PROJECT OWNER WHO DOES NOT OBTAIN APPROVAL FROM THE MILITARY AVIATION AND INSTALLATION ASSURANCE SITING CLEARINGHOUSE TO CEASE CONSTRUCTION OR EXPANSION AND REMOVE ALL PROJECT COMPONENTS AND EQUIPMENT AND ALLOWING THE STATE TO REMOVE PROJECT COMPONENTS AND EQUIPMENT IF NOT REMOVED WITHIN THIRTY DAYS.

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

     SECTION 1. [NEW MATERIAL] NOTIFICATION TO MILITARY BASE PLANNING COMMISSION--FAILURE AND REMOVAL.--

          A. As used in this section:

                (1) "planning commission" means the military base planning commission; and

                (2) "renewable project" means construction or expansion of a wind energy conversion device or solar collector.

          B. A project owner of a renewable project that requires the submission of federal aviation administration form 7460-1 to the federal military aviation and installation assurance siting clearinghouse shall:

                (1) within ten days of submission, notify the chair of the planning commission in writing of the submission and the basic project details, including its location; and

                (2) within ten days of obtaining approval or a finding of adverse impact by the military aviation and installation assurance siting clearinghouse, provide a copy of the approval or finding to the chair of the planning commission.

          C. A project owner who begins a project without first obtaining approval by the military aviation and installation assurance siting clearinghouse shall immediately cease construction and, within thirty days, either obtain approval or remove all project components and equipment at the owner's expense. If after thirty days the owner fails to remove the project components and equipment, the state is entitled to remove the property and to recover all costs incurred, including legal fees by judgment against the owner, and the state shall not be liable for damage to the project components or equipment.

     SECTION 2. APPLICABILITY.--The provisions of this act apply to construction or expansion of a wind energy conversion device or solar collector that commences on or after January 1, 2024.

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