GEOTHERMAL RESOURCES DEVELOPMENT
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SB 8 — GEOTHERMAL RESOURCES DEVELOPMENT
Last action — DO PASS committee report adopted
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
517 added · 406 removedPlain-language change summary
The latest version of Senate Bill 8 has replaced the establishment of a "Center of Excellence for Geothermal Resources" with a broader focus that simply adds "geothermal resources" to the existing Center of Excellence at the New Mexico Institute of Mining and Technology. Additionally, the bill now creates a "Geothermal Resources Development Fund" instead of the previous "Geothermal Projects Development Fund" and eliminates a specific revolving loan fund for geothermal projects. These changes streamline the approach to promoting geothermal resources and funding while simplifying the overall structure of the bill, which could lead to more effective use of state resources in developing geothermal energy.
SENATE FINANCE COMMITTEE SUBSTITUTE FOR SENATE BILL 8 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2023 4INTRODUCED 6BY 8Gerald 10Ortiz ANy ACTPino RELATINGand TOPat GEOTHERMALWoods RESOURCES;and Ron Griggs and Patricia Roybal Caballero This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ADDINGThe Adocument CENTERis OFa EXCELLENCEtool FORto GEOTHERMALshow RESOURCESamendments ATin THEcontext NEWand MEXICOcannot INSTITUTEbe OFused MININGfor ANDthe TECHNOLOGY;purpose of adding amendments to legislation.
AMENDINGAN THEACT DUTIESh OFRELATING THETO ENERGYGEOTHERMAL CONSERVATIONRESOURCES; AND MANAGEMENT DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT;
CREATINGADDING GEOTHERMAL RESOURCES g o TO THE GEOTHERMALCENTER PROJECTSOF DEVELOPMENTEXCELLENCE FUND;AT THE NEW MEXICO INSTITUTE OF t hr g e i k MINING AND TECHNOLOGY;
AMENDING THE DUTIES OF THE ENERGY h r i s CONSERVATION AND MANAGEMENT DIVISION OF THE ENERGY, MINERALS h , t, AND NATURAL RESOURCES DEPARTMENT;
CREATING THE GEOTHERMAL e u g e b l e e h RESOURCES DEVELOPMENT FUND;
CREATING THE GEOTHERMALn ed td 17i PROJECTS= = o h GEOTHERMAL RESOURCES REVOLVING LOAN FUND;
AUTHORIZING LOANS.LOANS;
w l n] db 18,d =i = 19 a lº BEe ITMAKING ENACTEDAPPROPRIATIONS. BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i a= r t e rw 20d SECTIONm 1.a n o d m :
Sectionb 21-1-27.11e NMSAd 1978s (beingº Lawso 2019,t an t= m.223047.5AIC January 26, 2023 (5:25pm) s k m 21e Chaptere 60,a Sectionn 1)e isd amendedr toe read:l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
dSECTION r1. e 22 "21-1-27.11.
CENTERSSection OF21-1-27.11 EXCELLENCE.--NMSA c1978 e(being sLaws k2019, 23Chapter A.60, Section 1) is amended to read:
A"21-1-27.11. "center of excellence" is established at the e a n b 24 following higher education institutions:
uCENTERS [OF (1)EXCELLENCE.-- theA. New Mexico institute of mining and .224923.2 SFC/SB 8 technology to work toward developing and promoting innovation in and expanding cybersecurity industries;
(2)A the"center New Mexico institute of miningexcellence" andis technologyestablished toat workthe towardfollowing developinghigher andeducation promotinginstitutions: innovation in and expanding geothermal resources;
[(2)](1) (3)the New Mexico stateinstitute universityof mining and technology to work toward developing and promoting innovation in and expanding sustainablecybersecurity agriculturalindustries industries;SCONCº and geothermal»SCONC SCONCºresources»SCONC ;
[(3)]SCONCº (4)(2) Santhe JuanNew collegeMexico institute of mining and technology to work toward developing and promoting innovation in and expanding sustainablegeothermal resources;»SCONC SCONCº (2)»SCONC SCONCº(3)»SCONC New Mexico state university to work toward developing and renewablepromoting energyinnovation in and expanding sustainable agricultural industries;
andh [(4)]g (5)SCONCº the(3)»SCONC universitySCONCº(4)»SCONC ofSan NewJuan Mexicoo healtht scienceshr center-affiliatedcollege entity, the New Mexico bioscience authority, to continue its work toward developing,developing and promoting innovation in g e i k and expanding thesustainable bioscienceand industryrenewable inenergy Newindustries; Mexico.
and h r i s h SCONCº(4)»SCONC SCONCº(5)»SCONC the , t, e tu 17g B.university of New Mexico health sciences center-affiliated e b l e e h entity, the New Mexico bioscience authority, to continue its n d d i = = o h l ] b ,d work toward developing, promoting innovation in and expanding i a º e r i = r the bioscience industry in New Mexico.
Eacht centere of excellence provided for in w l n d 18m Subsectiona An ofo thisB. section shall foster excellence in the = = 19 noted [field] fields through:
aEach lcenter i a e r 20 (1) collaboration among leaders of theexcellence state'sprovided afor tin md m 21: agencies, higher education institutions, business sector, d r e 22 national laboratories and community organizations;
cb e d s kº 23o (2)t then development= by.223047.5AIC thoseJanuary leaders26, of2023 (5:25pm) s k m e -2- e a n be 24d strategiesr toe accomplishl thatu aim;[ A d Subsection A of this section shall foster excellence in the noted [field ] fields through:
and(1) ucollaboration [among (3)leaders of the executionstate's ofagencies, thosehigher strategies.education institutions, business sector, national laboratories and community organizations;
.224923.2(2) -the 2development -by SFC/SBthose 8leaders C.of strategies to accomplish that aim;
and (3) the execution of those strategies.
C.
and (3) beginning in 2020, report annually to the higher education department and the legislative finance h g committee on its goals and achievements." o t hr SECTION 2.
Section 71-9-1 NMSA 1978 (being Laws 2016, g e i k Chapter 71, Section 1 and Laws 2016, Chapter 78, Section 1) is h r i s amended to read:
h , t, e u g "71-9-1.
SHORT TITLE.--[Sections 1 through 11 of this e b l e e h act] Chapter 71, Article 9 NMSA 1978 may be cited as the n d d i = = o h "Geothermal Resources Development Act"." l ] b ,d i a º e tr 17i = r SECTION 3.
Section 71-9-3 NMSA 1978 (being Laws 2016, wt le nw d 18m a n o Chapter 71, Section 3 and Laws 2016, Chapter 78, Section 3) is =d =m 19: amended to read:
ab le id s º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -3- e a n e d r 20e "71-9-3.l u [ A d amended to read:
DEFINITIONS.--As"71-9-3. used in the Geothermal a t m m 21 Resources Development Act:
dDEFINITIONS.--As rused ein 22the A.Geothermal Resources Development Act:
"correlativeA. rights" means the opportunity c e s k 23 afforded, insofar as is practicable, to each owner or e a n b 24 leaseholder in a geothermal reservoir to produce the owner's or u [ leaseholder's just and equitable share of the geothermal .224923.2 - 3 - SFC/SB 8 resources within such reservoir, being an amount, so far as can be practicably determined and so far as can be practicably obtained without waste, substantially in the proportion that the recoverable geothermal resources of such ownership or lease interest bear to the total recoverable geothermal resources in the reservoir and, for such purpose, to use the owner's or leaseholder's just and equitable share of the natural heat or energy in the reservoir;
"correlative rights" means the opportunity afforded, insofar as is practicable, to each owner or leaseholder in a geothermal reservoir to produce the owner's or leaseholder's just and equitable share of the geothermal resources within such reservoir, being an amount, so far as can be practicably determined and so far as can be practicably obtained without waste, substantially in the proportion that the recoverable geothermal resources of such ownership or lease interest bear to the total recoverable geothermal resources in the reservoir and, for such purpose, to use the owner's or leaseholder's just and equitable share of the natural heat or energy in the reservoir;
"division" means the energy conservation and management division of the energy, minerals and natural h resources department;
u » r t h C.
"geothermal developmentreservoir" project" means aan projectunderground usingg thee heatl ofi reservoir containing geothermal resources, whether the earthfluids aboveh oner hundredi degreess Fahrenheitin the reservoir are native to generatethe electricityreservoir or otherwiseflow supportinto industrial,or commercialh or, residentiale uses;h t u g are injected into the reservoir;
Show all 116 changed lines (76 more)
[C.]e b l e e , gh D.
"geothermal reservoir"resources" means anthe undergroundnatural eheat tof 17n reservoird containingd geothermali resources,= whether= o h the fluidsearth win excess of two hundred fifty degrees Fahrenheit, or l n] db 18,d ini a º r the reservoirenergy, arein nativewhatever toform, below the reservoirsurface orof flowthe intoearth ore =r = 19t aree injectedw intod them reservoir;a n o present in, resulting from, created by or that may be extracted d m :
ab lr ie t º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -4- e a n e d r 20e [D.]l E.u [ A d from this natural heat in excess of two hundred fifty degrees Fahrenheit, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas and other hydrocarbon substances and excluding the heating and cooling capacity of the earth not resulting from the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, as may be used for the heating and cooling of buildings through an on-site geo-exchange heat pump or similar on-site system;
"geothermal[and resources"] meansE. the natural a t m m 21 heat of the earth in excess of two hundred fifty degrees d r e 22 Fahrenheit, or the energy, in whatever form, below the surface c e s k 23 of the earth present in, resulting from, created by or that may e a n b 24 be extracted from this natural heat in excess of two hundred u [ fifty degrees Fahrenheit, and all minerals in solution or other .224923.2 - 4 - SFC/SB 8 products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas and other hydrocarbon substances and excluding the heating and cooling capacity of the earth not resulting from the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, as may be used for the heating and cooling of buildings through an on-site geo-exchange heat pump or similar on-site system;
"geothermal resources development project" means a project using geothermal resources to generate electricity or otherwise support industrial, commercial or residential uses;
"person" means an individual or other legal entity, including federal, state or local governments or their agents or instrumentalities." h g SECTION 4.
Section 71-9-5 NMSA 1978 (being Laws 2016, o t hr Chapter 71, Section 5 and Laws 2016, Chapter 78, Section 5) is g e i k amended to read:
h r i s "71-9-5.
GENERAL DUTIES, JURISDICTION AND AUTHORITY OF h , t, e tu 17g THE DIVISION.-- we b l ne de 18h A.
The division shall regulate the exploration, n d d i = = 19o h development and production of geothermal resources on public a l ] b ,d i a º e r 20i = r and private land for the purposes of conservation;
protection a t me w d m 21a n o of correlative rights;
protection of life, health, property, d rm e: 22 natural resources, the environment and the public welfare;
andb c e d s kº 23o encouragingt maximumn economic= recovery.223047.5AIC ofJanuary the26, geothermal2023 (5:25pm) s k m e -5- e a n be 24d resources.r e l u [ A d natural resources, the environment and the public welfare;
Theand divisionencouraging maymaximum requireeconomic personsrecovery seekingof tothe u [ explore, develop or produce geothermal resourcesresources. to obtain .224923.2 - 5 - SFC/SB 8 permits from the division.
The division may require persons seeking to explore, develop or produce geothermal resources to obtain permits from the division.
The division shall allocate and distribute the allowable production, insofar as is h practicable, to afford each ownership or lease interest in a u » r t h geothermal reservoir the opportunity to produce its just and g e l i equitable share of the geothermal resources in the reservoir.
eh tr 17i s D.
The division shall have exclusive authority to wh l, ne dh 18t u g regulate injection into geothermal wells pursuant to the =e =b 19l e e , gh Geothermal Resources Development Act and shall have exclusive an ld d i a= e= ro 20h authority over matters related to the protection of natural al t] mb m,d 21i a º r resources, property, health and public welfare as they relate de r = t e 22w d m a n o to geothermal injection wells.
cd em s: k 23 E.
b r e t º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -6- e a n e d r e l u [ A d E.
e a n b 24 (1) administer laws and rules relating u [ to geothermal resources, except those laws specifically .224923.2 - 6 - SFC/SB 8 administered by another authority;
(2) administer the geothermal projectsresources development fund and the geothermal projectsresources revolving loan fund and ensure that all applicable state economic development incentive programs are used for grants and loans from those funds;
"[NEW MATERIAL] GEOTHERMAL PROJECTSRESOURCES DEVELOPMENT FUND CREATED--STUDY GRANTS--PROJECT GRANTS--ANNUAL REPORT.-- h g A.
The "geothermal projectsresources development fund" is o t hr created in the state treasury.
The fund consists of g e ti 17k appropriations, income from investment of the fund and any wh lr ni ds 18 other money distributed or otherwise allocated to the fund.
=h =, 19t, e u g Balances in the fund at the end of any fiscal year shall not ae b l ie a e rh 20 revert to the general fund.
Moneyn ind thed fundi is= subject= too ah tB. m m 21 appropriation by the legislature.
dMoney in the geothermal resources development l ] b ,d i a º e r i = r fund may be used to make grants of up to two hundred fifty t e 22w B.d m a n o thousand dollars ($250,000) for the purposes of studying the d m :
Moneyb in the geothermal projects development c e d s kº 23o fundt mayn be= used.223047.5AIC toJanuary make26, grants2023 of(5:25pm) ups tok twom hundrede fifty-7- e a n be 24d thousandr dollarse ($250,000)l for the purposes of studying the u [ A d costs and benefits of a proposed geothermal resources development project .224923.2 - 7 - SFC/SB 8 as approved by the secretary of energy, minerals and natural resources.
Money in the geothermal projectsresources development fund may be used to provide grants for financing a geothermal resources development project approved by the secretary of energy, minerals and natural resources.
Except as provided in Subsection E of this section, money in the geothermal projectsresources development fund may be used pursuant to Subsections B and C of this section only for grants to a political subdivision of the state or to a state university for a geothermal resources development project.
Money in the geothermal projectsresources development fund may be used for grants to an Indian nation, tribe or pueblo for the development of a geothermal resources development project only if the grant application is approved h by the secretary of energy, minerals and natural resources.
eu » r t 17h F.
GeothermalMoney developmentin projectsthe approvedgeothermal byresources thedevelopment wg e l ni dfund 18may secretarybe ofused energy,for mineralsadministrative and naturalreimbursable resourcescosts underh thisr =i =s 19incurred sectionby shallthe notenergy, beminerals exemptand fromnatural anyresources requiredh permits, or a l i a e rh 20t permissionsu underg Newdepartment Mexicosubject orto Unitedthe Stateslegislative law.appropriation process.
ae tb ml me 21e , gh G.
MoneyDisbursements infrom the geothermal projectsresources developmentn d rd ei 22= = o h development fund mayshall be usedmade forby administrativewarrant andof reimbursablethe costssecretary cof el s] kb 23,d incurredi a º r finance and administration pursuant to vouchers signed by the e r = t e w d m a n o secretary of energy, minerals and natural resources eor athe nd bm 24: department.
b r e t º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -8- e a n e d r e l u [ H.A d secretary's authorized representative.
DisbursementsH. from the geothermal projects .224923.2 - 8 - SFC/SB 8 development fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.
I.
(4) money used for administrative and e t 17 reimbursable costs pursuant to Subsection GF of this section;
w l n d 18 and = = 19 (5) the status of the geothermal projectsresources a l i a e r 20 development fund." ah tg m m 21 SECTION 6.
A new section of the Geothermal Resources do rt ehr 22 Development Act is enacted to read:
cg e si k 23 "[NEW MATERIAL] GEOTHERMAL PROJECTSRESOURCES REVOLVING LOAN FUND eh ar ni bs 24 CREATED--PROJECT LOANS--ANNUAL REPORT.-- h , t, e u [g A.
The "geothermal projectsresources revolving loan fund" ise .224923.2b -l 9e -e SFC/SBh 8is created in the state treasury.
The fund shall consist of n d d i = = o h appropriations, federal funds received for the purpose of l ] b ,d i a º e r i = r making loans, repayment of loans and interest, gifts, grants t e w d m a n o and donations made to the fund.
Income from the fund shall be creditedd tom the: fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year.
Moneyb e d s º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -9- e a n e d r e l u [ A d credited to the fund, and money in the fund isshall subjectnot revert or be transferred to appropriationany byother fund at the legislature.end of a fiscal year.
Money in the geothermal projectsresources revolving loan fund may be used to provide revolving loans to political subdivisions of the state, state universities, Indian nations, tribes or pueblos, nonprofit organizations and private entities for financing a geothermal resources development project approved by the secretary of energy, minerals and natural resources.
e t 17 C.
GeothermalMoney developmentin projects approved by the wgeothermal l n d 18 secretary of energy, minerals and natural resources underrevolving thisloan =fund =may 19 section shall not be exemptused fromfor anyadministrative requiredand permitsreimbursable orcosts aincurred lby ithe aenergy, eminerals rand 20natural permissionsresources underdepartment Newsubject Mexicoto orthe Unitedlegislative Statesappropriation law.process.
a t m m 21 D.
MoneyDisbursements infrom the geothermal projectsresources revolving loan dfund rshall ebe 22made fundby maywarrant beof usedthe forsecretary administrativeof finance and reimbursableadministration costspursuant cto evouchers ssigned kby 23h incurredthe bysecretary theof energy, minerals and natural resources eor athe nu b» 24r department.t h secretary's authorized representative.
ug [e l i E.
DisbursementsBy fromDecember 1, 2023, and by December 1 of each h r i s year thereafter, the geothermalsecretary projectsof .224923.2energy, -minerals 10and -natural SFC/SBh 8, revolvinge loanh fundt u g resources shall beprovide madea byreport warrantto ofthe governor, the secretarye ofb financel ande administratione pursuant, togh voucherslegislative signedfinance bycommittee and the secretarylibrary of energy,the mineralsn andd naturald resourcesi or= the= secretary'so authorizedh representative.legislative council service regarding:
F.l ] b ,d i a º r (1) loans approved by the secretary pursuant e r = t e w d m a n o to Subsection B of this section;
Byd Decemberm 1,: 2023, and by December 1 of each year thereafter, the secretary of energy, minerals and natural resources shall provide a report to the governor, the legislative finance committee and the library of the legislative council service regarding:
(1)b loansr approvede byt º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -10- e a n e d r e l u [ A d (2) the secretarystatus of repayment obligations for revolving loans made pursuant to Subsection B of this section;
(2)(3) themoney statusused of repayment obligations for revolvingadministrative loansand madereimbursable costs pursuant to Subsection BC of this section;
(3)and money(4) usedthe forstatus administrativeof andthe reimbursablegeothermal costsresources pursuantrevolving toloan Subsectionfund." DSECTION of7. this section;
andAPPROPRIATIONS.-- eA. t 17 (4) the status of the geothermal projects w l n d 18 revolving loan fund." = = 19 SECTION 7.
EFFECTIVESix DATE.--Thehundred effectivethousand datedollars of($600,000) is appropriated from the ageneral lfund ito athe eenergy, rminerals 20and provisionsnatural resources department for expenditure in fiscal year to carry out the duties of thisthe actenergy isconservation Julyand 1,management 2023.division of the energy, minerals and natural resources department and to administer the geothermal resources development fund.
aAny tunexpended mor munencumbered 21balance -remaining 11at -the dend rof efiscal 22year c2024 eshall srevert kto 23the egeneral afund. n b 24 u [ .224923.2
h g B.
Five hundred thousand dollars ($500,000) is o t hr appropriated from the general fund to the board of regents of g e i k the New Mexico institute of mining and technology for h r i s expenditure in fiscal year 2024 for geothermal energy research h , t, e u g and development.
Any unexpended or unencumbered balance e b l e e h remaining at the end of fiscal year 2024 shall revert to the n d d i = = o h general fund.
l ] b ,d i a º e r i = r C.
Ten million dollars ($10,000,000) is t e w d m a n o appropriated from the general fund to the geothermal resources d m :
b e d s º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e -11- e a n e d r e l u [ A d development fund for expenditure in fiscal year 2024 and subsequent fiscal years to fund geothermal resources development projects.
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
D.
Fifteen million dollars ($15,000,000) is appropriated from the general fund to the geothermal resources revolving loan fund for expenditure in fiscal year 2024 and subsequent fiscal years to fund geothermal resources development projects.
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 8.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
-12- h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .223047.5AIC January 26, 2023 (5:25pm) s k m e e a n e d r e l u [ A d
Show all 116 changed rows (76 more)
View plain text versions (4)
- Amended Amendments in Context Current pdf
- Substitute CT substitute pdf
- Substitute FC substitute pdf
- Introduced introduced version pdf
Action History
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DO PASS committee report adopted
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Sent to House Appropriations & Finance Committee
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passed Senate
-
DO NOT PASS, replaced with committee substitute
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DO PASS, as amended, committee report adopted
-
Sent to Senate Conservation Committee & Senate Finance Committee
Sponsors
- Patricia Roybal Caballero · Primary
- Ron Griggs · Primary
- Gerald Ortiz y Pino · Primary
- Pat Woods · Primary
- Elizabeth "Liz" Stefanics · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 107 not signed on
Sponsors (5)
- Roybal Caballero, Patricia
- Griggs, Ron
- Ortiz y Pino, Gerald
- Pat Woods Republican
- Elizabeth "Liz" Stefanics Democrat
Co-sponsors (0)
None.
Not signed on (107)
107 members have not signed on to this bill.
Show all 107 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 8?
- SB 8 is sponsored by Roybal Caballero, Patricia, Griggs, Ron, Ortiz y Pino, Gerald, Pat Woods (Republican), and Elizabeth "Liz" Stefanics (Democrat).
- What is the current status of SB 8?
- This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 8?
- Track SB 8 free on One Click Politics — get push/email alerts when it moves.
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