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-SENATE BILL 78
-
-57th legislature - STATE OF NEW MEXICO - second session, 2026
-
-INTRODUCED BY
-
-Anthony L. Thornton and Meredith A. Dixon and John Block
-
-and Cathrynn N. Brown and Nicole Tobiassen
-
-AN ACT
-
-RELATING TO UTILITIES; ADDING NUCLEAR ENERGY TO THE LIST OF
-RENEWABLE ENERGY SOURCES THAT SATISFY THE RENEWABLE PORTFOLIO
-STANDARD FOR PUBLIC UTILITIES AND RURAL ELECTRIC COOPERATIVES.
-
-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
-
-     SECTION 1. Section 62-15-37 NMSA 1978 (being Laws 2007,
-Chapter 4, Section 4, as amended) is amended to read:
-
-     "62-15-37. DEFINITIONS--ENERGY EFFICIENCY--RENEWABLE
-ENERGY.--As used in the Rural Electric Cooperative Act:
-
-          A. "energy efficiency" means measures, including
-energy conservation measures, or programs that target consumer
-behavior, equipment or devices to result in a decrease in
-consumption of electricity without reducing the amount or
-quality of energy services;
-
-          B. "renewable energy" means electric energy
-generated by use of renewable energy resources and delivered to
-a rural electric cooperative;
-
-          C. "renewable energy certificate" means a
-certificate or other record, in a format approved by the public
-regulation commission, that represents all the environmental
-attributes from one megawatt-hour of electricity generated from
-renewable energy;
-
-          D. "renewable energy resource" means electric or
-useful thermal energy:
-
-                (1) generated by use of the following energy
-resources, with or without energy storage and delivered to a
-rural electric cooperative:
-
-                     (a) solar, wind and geothermal;
-
-                     (b) hydropower facilities brought in
-service on or after July 1, 2007;
-
-                     (c) other hydropower facilities
-supplying no greater than the amount of energy from hydropower
-facilities that were part of an energy supply portfolio prior
-to July 1, 2007;
-
-                     (d) fuel cells that do not use fossil
-fuels to create electricity;
-
-                     (e) biomass resources, limited to
-agriculture or animal waste, small diameter timber, not to
-exceed eight inches, salt cedar and other phreatophyte or woody
-vegetation removed from river basins or watersheds in New
-Mexico; provided that these resources are from facilities
-certified by the energy, minerals and natural resources
-department to: 1) be of appropriate scale to have sustainable
-feedstock in the near vicinity; 2) have zero life cycle carbon
-emissions; and 3) meet scientifically determined restoration,
-sustainability and soil nutrient principles; [and]
-
-                     (f) landfill gas and anaerobically
-digested waste biomass; and
-
-                     (g) nuclear facilities that use nuclear
-reactions, whether through nuclear fission or nuclear fusion,
-to produce heat that drives power conversion systems and do not
-emit carbon dioxide or other greenhouse gases during
-electricity generation; and
-
-                (2) does not include electric energy generated
-by use of fossil fuel [or nuclear energy];
-
-          E. "useful thermal energy" means renewable energy
-delivered from a source that can be metered and that is
-delivered in the state to an end user in the form of direct
-heat, steam or hot water or other thermal form that is used for
-heating, cooling, humidity control, process use or other valid
-end-use energy requirements and for which fossil fuel or
-electricity would otherwise be consumed;
-
-          F. "zero carbon resource" means an electricity
-generation resource that emits no carbon dioxide into the
-atmosphere, or that reduces methane emitted into the atmosphere
-in an amount equal to no less than one-tenth of the tons of
-carbon dioxide emitted into the atmosphere, as a result of
-electricity production; and
-
-          G. "zero carbon resource standard" means providing
-New Mexico rural electric cooperative retail customers with
-electricity generated from one hundred percent zero carbon
-resources."
-
-     SECTION 2. Section 62-16-3 NMSA 1978 (being Laws 2004,
-Chapter 65, Section 3, as amended) is amended to read:
-
-     "62-16-3. DEFINITIONS.--As used in the Renewable Energy
-Act:
-
-          A. "commission" means the public regulation
-commission;
-
-          B. "energy storage" means batteries or other means
-by which energy can be retained and delivered as electricity
-for use at a later time;
-
-          C. "municipality" means a municipal corporation,
-organized under the laws of the state, and H class counties;
-
-          D. "public utility" means an entity certified by
-the commission to provide retail electric service in New Mexico
-pursuant to the Public Utility Act but does not include rural
-electric cooperatives;
-
-          E. "reasonable cost threshold" means an average
-annual levelized cost of sixty dollars ($60.00) per megawatt-hour at the point of interconnection of the renewable energy
-resource with the transmission system, adjusted for inflation
-after 2020;
-
-          F. "renewable energy" means electric energy
-
-generated by use of renewable energy resources and delivered to
-a public utility;
-
-          G. "renewable energy certificate" means a
-certificate or other record, in a format approved by the
-commission, that represents all the environmental attributes
-from one megawatt-hour of electricity generated from renewable
-energy;
-
-          H. "renewable energy resource" means the following
-energy resources, with or without energy storage:
-
-                (1) solar, wind and geothermal;
-
-                (2) hydropower facilities brought in service
-on or after July 1, 2007;
-
-                (3) biomass resources, limited to agriculture
-or animal waste, small diameter timber, not to exceed eight
-inches, salt cedar and other phreatophyte or woody vegetation
-removed from river basins or watersheds in New Mexico; provided
-that these resources are from facilities certified by the
-energy, minerals and natural resources department to:
-
-                     (a) be of appropriate scale to have
-sustainable feedstock in the near vicinity;
-
-                     (b) have zero life cycle carbon
-emissions; and
-
-                     (c) meet scientifically determined
-restoration, sustainability and soil nutrient principles;
-
-                (4) fuel cells that do not use fossil fuels to
-create electricity; [and]
-
-                (5) landfill gas and anaerobically digested
-waste biogas; and
-
-                (6) nuclear facilities that use nuclear
-reactions, whether through nuclear fission or nuclear fusion,
-to produce heat that drives power conversion systems and do not
-emit carbon dioxide or other greenhouse gases during
-electricity generation;
-
-          I. "renewable portfolio standard" means the minimum
-percentage of retail sales of electricity by a public utility
-to electric consumers in New Mexico that is required by the
-Renewable Energy Act to be from renewable energy;
-
-          J. "renewable purchased power agreement" means an
-agreement that binds an entity generating power from renewable
-energy resources to provide power at a specified price and
-binds the purchaser to that price;
-
-          K. "zero carbon resource" means an electricity
-generation resource that emits no carbon dioxide into the
-atmosphere, or that reduces methane emitted into the atmosphere
-in an amount equal to no less than one-tenth of the tons of
-carbon dioxide emitted into the atmosphere, as a result of
-electricity production; and
-
-          L. "zero carbon resource standard" means providing
-New Mexico public utility customers with electricity generated
-from one hundred percent zero carbon resources."
-
-- 7 -
+FIFTY-SEVENTH LEGISLATURE
+SECOND SESSION, 2026
+February 4, 2026
+Mr. President:
+Your COMMITTEES' COMMITTEE, to whom has been referred
+ SENATE BILL 78
+has had it under consideration and finds same to be GERMANE,
+pursuant to Senate Executive Message Number 59, and thence referred
+to the CONSERVATION COMMITTEE.
+Respectfully submitted,
+___________________________________
+Mimi Stewart, Chair
+Adopted_______________________ Not Adopted_______________________
+ (Chief Clerk) (Chief Clerk)
+ Date ________________________
+The roll call vote was 7 For 0 Against
+Yes: Campos, Duhigg, Padilla, Sharer, Stefanics, Wirth, Woods
+No: 0
+Excused: Brantley, Cervantes, Muñoz, Stewart
+Absent: None
+SB0078CC1.wpd

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