GEOTHERMAL CENTER & FUND
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HB 365 — GEOTHERMAL CENTER & FUND
Last action — Pocket Veto
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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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “To Executive” 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.
Vetoed by Governor Michelle Lujan Grisham (Democratic) on April 10, 2023.
This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
294 added · 553 removedPlain-language change summary
The updated bill HB 365 establishes a new Center of Excellence for Geothermal Resources at the New Mexico Institute of Mining and Technology. It also amends the responsibilities of a state energy division and introduces two funds: one for grants and another for loans to support geothermal projects. These changes aim to promote the development and innovation of geothermal energy, which is important for enhancing renewable energy sources in New Mexico.
HOUSEAN BILLACT 365RELATING 56THTO LEGISLATURE-STATEOFNEWMEXICO-GEOTHERMAL FIRSTRESOURCES; SESSION, 2023 INTRODUCED BY Patricia Roybal Caballero and Joanne J.
FerraryADDING andA TaraCENTER L.OF EXCELLENCE FOR GEOTHERMAL RESOURCES AT THE NEW MEXICO INSTITUTE OF MINING AND TECHNOLOGY;
LujanAMENDING andTHE DebraDUTIES M.OF THE ENERGY CONSERVATION AND MANAGEMENT DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT;
SariñanaCREATING andTHE GeraldGEOTHERMAL OrtizPROJECTS yDEVELOPMENT PinoFUND; 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.
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
AN ACT h RELATING TO GEOTHERMAL RESOURCES;
ADDING A CENTER OF EXCELLENCE g o t hr FOR GEOTHERMAL RESOURCES AT THE NEW MEXICO INSTITUTE OF MINING h te i k AND TECHNOLOGY;
AMENDING THE DUTIES OF THE ENERGY CONSERVATION h r i s AND MANAGEMENT DIVISION OF THE ENERGY, MINERALS AND NATURAL h , t, e u g RESOURCES DEPARTMENT;
CREATING THE GEOTHERMAL PROJECTS e b l e e h DEVELOPMENT FUND;
CREATING THE GEOTHERMAL n d d ig = = o h PROJECTS REVOLVING LOAN FUND;
AUTHORIZING LOANSLOANS. Sfl1 ;
MAKINGBE lIT ]ENACTED bBY ,dTHE iLEGISLATURE aOF eTHE APPROPRIATIONSSTATE Sfl1OF .NEW MEXICO:
r i = r t e w d m a n o d m :
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[(2)] (3) New Mexico state university to work toward developing and promoting innovation in and expanding sustainable agricultural industries;
[(3)]HB 365/a Page 1 (4) San Juan college to work toward developing and promoting innovation in and expanding h g sustainable and renewable energy industries;
and o t hr [(4)] (5) the university of New Mexico health h te i k sciences center-affiliated entity, the New Mexico bioscience h r i s h authority, to continue its work toward developing, promoting , t, e u g innovation in and expanding the bioscience industry in New e b l e e h Mexico.
n d d ig = = o h l ] b ,d B.
Each center of excellence provided for in i a e r i = r Subsection A of this section shall foster excellence in the tnoted efields wthrough: d m a n o d m :
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 2 - e a n e d r e l u [ A d noted [field] fields through:
and (3) beginning in 2020, report annually to HB 365/a Page 2 the higher education department and the legislative finance committee on its goals and achievements." h g SECTION 2.
Section 71-9-1 NMSA 1978 (being Laws 2016, o t hr Chapter 71, Section 1 and Laws 2016, Chapter 78, Section 1) is h te i k amended to read:
h r i s h "71-9-1.
SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 11 of this , t, e u g act] Chapter 71, Article 9 NMSA 1978 may be cited as the e b l e e h "Geothermal Resources Development Act"." n d d ig = = o h l ] b ,d SECTION 3.
Section 71-9-3 NMSA 1978 (being Laws 2016, i a e r i = r Chapter 71, Section 3 and Laws 2016, Chapter 78, Section 3) is tamended eto wread: d m a n o d m :
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 3 - e a n e d r e l u [ A d amended to read:
"division" means the energy conservation and HB 365/a Page 3 management division of the energy, minerals and natural h g resources department;
o t hr C.
"geothermal development project" means a project h te i k using the heat of the earth above one hundred degrees h r i s h Fahrenheit to generate electricity or otherwise support , t, e u g industrial, commercial or residential uses;
e b l e e h [C.] D.
"geothermal reservoir" means an underground n d d ig = = o h l ] b ,d reservoir containing geothermal resources, whether the fluids i a e r i = r in the reservoir are native to the reservoir or flow into or tare einjected winto dthe mreservoir; a n o d m :
bE. e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 4 - e a n e d r e l u [ A d are injected into the reservoir;
[D.]"geothermal E.resources" means the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, or the energy, in whatever form, below the surface of the earth present in, resulting from, created by or that may be extracted 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 resources" means the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, or the energy, in whatever form, below the surface of the earth present in, resulting from, created by or that may be extracted from this natural heat in excess of two hundred fifty degrees Fahrenheit, and allHB minerals365/a inPage solution4 orF. 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;
and"person" [E.]means F.an individual or other legal entity, including federal, state or local governments or their agents or instrumentalities." SECTION 4.
"person"Section means71-9-5 anNMSA individual1978 or(being otherLaws legal2016, hChapter g71, entity,Section including5 federal,and stateLaws or2016, localChapter governments78, orSection their5) ois tamended hrto agentsread: or instrumentalities." h te i k SECTION 4.
Section"71-9-5. 71-9-5 NMSA 1978 (being Laws 2016, h r i s h Chapter 71, Section 5 and Laws 2016, Chapter 78, Section 5) is , t, e u g amended to read:
eGENERAL bDUTIES, lJURISDICTION eAND eAUTHORITY hOF "71-9-5.THE DIVISION.-- A.
GENERALThe DUTIES,division JURISDICTIONshall ANDregulate AUTHORITYthe OFexploration, ndevelopment dand dproduction igof =geothermal =resources oon hpublic land ]private bland ,dfor THEthe DIVISION.--purposes iof aconservation; e r i = r A.
The division shall regulate the exploration, t e w d m a n o d m :
Show all 104 changed lines (64 more)
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 5 - e a n e d r e l u [ A d development and production of geothermal resources on public and private land for the purposes of conservation;
HB 365/a Page 5 C.
The division may limit and allocate production of geothermal resources as needed to prevent waste whenever the h g total amount of geothermal resources that may be produced from o t hr a geothermal reservoir is limited.
The division shall allocate h te i k and distribute the allowable production, insofar as is h r i s h practicable, to afford each ownership or lease interest in a , t, e u g geothermal reservoir the opportunity to produce its just and e b l e e h equitable share of the geothermal resources in the reservoir.
n d d ig = = o h l ] b ,d D.
The division shall have exclusive authority to iregulate ainjection einto rgeothermal iwells =pursuant rto regulatethe injectionGeothermal intoResources geothermalDevelopment wellsAct pursuantand shall have exclusive authority over matters related to the tprotection eof wnatural dresources, mproperty, ahealth nand opublic dwelfare mas :they relate to geothermal injection wells.
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 6 - e a n e d r e l u [ A d Geothermal Resources Development Act and shall have exclusive authority over matters related to the protection of natural resources, property, health and public welfare as they relate to geothermal injection wells.
(3) apply for federal grants related to HB 365/a Page 6 geothermal resources development;
and (4) foster the growth of geothermal resources in New Mexico." h g SECTION 5.
A new section of the Geothermal Resources o t hr Development Act is enacted to read:
h"GEOTHERMAL te i k "[NEW MATERIAL] GEOTHERMAL PROJECTS DEVELOPMENT FUND h r i s h CREATED--STUDY GRANTS--PROJECT GRANTS--ANNUAL REPORT.-- , t, e u g A.
The "geothermal projects development fund" is e b l e e h created in the state treasury.
The fund consists of n d d ig = = o h l ] b ,d appropriations, income from investment of the fund and any i a e r i = r other money distributed or otherwise allocated to the fund.
tBalances ein wthe dfund mat athe nend oof dany mfiscal :year shall not revert to the general fund.
bMoney e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 7 - e a n e d r e l u [ A d Balances in the fund atis thesubject endto ofappropriation anyby fiscal year shall not revert to the generallegislature. fund.
Sfl1B. Money in the fund is subject to appropriation by the legislature.
Sfl1 B.
Except as provided in Subsection E of this HB 365/a Page 7 section, money in the geothermal projects 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 h g state university for a geothermal development project.
o t hr E.
Money in the geothermal projects development h te i k fund may be used for grants to an Indian nation, tribe or h r i s h pueblo for the development of a geothermal development project , t, e u g only if the grant application is approved by the secretary of e b l e e h energy, minerals and natural resources.
n d d ig = = o h l ] b ,d F.
Geothermal development projects approved by the i a e r i = r secretary of energy, minerals and natural resources under this tsection eshall wnot dbe mexempt afrom nany orequired dpermits mor :permissions under New Mexico or United States law.
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 8 - e a n e d r e l u [ A d section shall not be exempt from any required permits or permissions under New Mexico or United States law.
Money in the geothermal projects development fund may be used for administrative and reimbursable costs incurred by the energy, minerals and natural resources departmentdepartment. Sfl1 subject to the legislative appropriation process Sfl1 .
By December 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 HB 365/a Page 8 legislative finance committee and the library of the legislative council service regarding:
h g (1) grants approved by the secretary pursuant o t hr to Subsections B and C of this section;
h te i k (2) the status of studies funded in part by h r i s h grants made pursuant to Subsection B of this section;
, t, e u g (3) the status of projects funded in part by e b l e e h grants made pursuant to Subsection C of this section;
n d d ig = = o h l ] b ,d (4) money used for administrative and i a e r i = r reimbursable costs pursuant to Subsection G of this section;
tand e(5) wthe dstatus mof athe ngeothermal oprojects ddevelopment mfund." :SECTION 6.
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 9 - e a n e d r e l u [ A d and (5) the status of the geothermal projects development fund." SECTION 6.
"[NEW"GEOTHERMAL MATERIAL] GEOTHERMAL PROJECTS REVOLVING LOAN FUND CREATED--PROJECTCREATED-- PROJECT LOANS--ANNUAL REPORT.-- A.
Sfl1 Money in the fund is subject to appropriation HB 365/a Page 9 by the legislature.
Sfl1 B.
Money in the geothermal projects revolving loan h g fund may be used to provide revolving loans to political o t hr subdivisions of the state, state universities, Indian nations, h te i k tribes or pueblos, nonprofit organizations and private entities h r i s h for financing a geothermal development project approved by the , t, e u g secretary of energy, minerals and natural resources.
Loans e b l e e h from the fund are to be made at the lowest legally permissible n d d ig = = o h l ] b ,d interest rates.
i a e r i = r C.
Geothermal development projects approved by the tsecretary eof wenergy, dminerals mand anatural nresources ounder dthis msection :shall not be exempt from any required permits or permissions under New Mexico or United States law.
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 10 - e a n e d r e l u [ A d secretary of energy, minerals and natural resources under this section shall not be exempt from any required permits or permissions under New Mexico or United States law.
Money in the geothermal projects revolving loan fund may be used for administrative and reimbursable costs incurred by the energy, minerals and natural resources departmentdepartment. Sfl1 subject to the legislative appropriation process Sfl1 .
By December 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 HB 365/a Page 10 legislative finance committee and the library of the h g legislative council service regarding:
o t hr (1) loans approved by the secretary pursuant h te i k to Subsection B of this section;
h r i s h (2) the status of repayment obligations for , t, e u g revolving loans made pursuant to Subsection B of this section;
e b l e e h (3) money used for administrative and n d d ig = = o h l ] b ,d reimbursable costs pursuant to Subsection D of this section;
i a e r i = r and t(4) ethe wstatus dof mthe ageothermal nprojects orevolving dloan mfund." :SECTION 7.
bEFFECTIVE eDATE.--The deffective sdate oof t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 11 - e a n e d r e l u [ A d (4) the statusprovisions of thethis geothermalact projectsis revolvingJuly loan1, fund."2023. HAFC SECTION 7.
APPROPRIATIONS.--HB A.365/a Page 11 25
Six hundred thousand dollars ($600,000) is appropriated from the general fund to the energy, minerals and natural resources department for expenditure in fiscal year for staffing and other operational expenses to carry out the duties of the Geothermal Resources Development Act and to administer the geothermal projects development fund and the geothermal projects revolving loan fund.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.
B.
Five hundred thousand dollars ($500,000) is appropriated from the general fund to the board of regents of the New Mexico institute of mining and technology for expenditure in fiscal year 2024 for geothermal energy research and development.
Any unexpended or unencumbered balance h g remaining at the end of fiscal year 2024 shall revert to the o t hr general fund.
h te i k h r C.
Ten million dollars ($10,000,000) is i s h appropriated from the general fund to the geothermal projects , t, e u g development fund for expenditure in fiscal year 2024 and e b l e e h n d d ig subsequent fiscal years to fund geothermal development = = o h l ] b ,d projects.
Any unexpended or unencumbered balance remaining at i a e r i = r the end of a fiscal year shall not revert to the general fund.
t e w d m a n o d m :
b e d s o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e e a n e d r e l u [ A d D.
Fifteen million dollars ($15,000,000) is appropriated from the general fund to the geothermal projects revolving loan fund for expenditure in fiscal year 2024 and subsequent fiscal years to fund geothermal development projects.
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
HAFC SECTION HAFC 8.
HAFC HAFC 7.
HAFC EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
- 13 - g u r h t i ke l i g t h s , e h t l i w l b l e e , g n d l h = = o l ] b ,d i a r e r = , a t e d m a n o d m :
b r e t o t n = .224924.1AIC March 17, 2023 (10:46am) s k m e - 13 - e a n e d r e l u [ A d
Show all 104 changed rows (64 more)
View plain text versions (3)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Introduced introduced version pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
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Section 21-1-27.11 NMSA 1978
to work toward developing and promoting innovation in and expanding cybersecurity industries;→ to work toward developing and promoting innovation in and expanding geothermal resources;This change adds a center of excellence focused on geothermal resources at the New Mexico Institute of Mining and Technology.
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Section 71-9-1 NMSA 1978
may be cited as the "Geothermal Resources Development Act".
This change establishes an official short title for Chapter 71, Article 9.
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Section 71-9-3 NMSA 1978
"geothermal development project" means a project using the heat of the earth above one hundred degrees Fahrenheit to generate electricity or otherwise support industrial, commercial or residential uses;
This change defines 'geothermal development project' in the context of geothermal resource development.
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Section 71-9-5 NMSA 1978
(2) administer the geothermal projects development fund and the geothermal projects revolving loan fund and ensure that all applicable state economic development incentive programs are used for grants and loans from those funds;
This change adds the administration of new geothermal funds to the duties of the division.
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Section 71-9-5 NMSA 1978
"geothermal projects development fund" is created in the state treasury.
This creates a fund specifically for geothermal project development.
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Section 71-9-5 NMSA 1978
Money in the geothermal projects development fund may be used to make grants of up to two hundred fifty thousand dollars ($250,000) for the purposes of studying the costs and benefits of a proposed geothermal development project as approved by the secretary of energy, minerals and natural resources.
This allows for grants to be made to study geothermal projects.
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Section 71-9-5 NMSA 1978
Disbursements from the geothermal projects 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.
This change specifies the process for disbursing funds from the geothermal projects development fund.
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Section 71-9-5 NMSA 1978
The "geothermal projects revolving loan fund" is created in the state treasury.
This creates a revolving loan fund for geothermal projects.
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Section 71-9-5 NMSA 1978
Money in the geothermal projects revolving loan fund shall not revert or be transferred to the general fund.
This ensures that the funds will remain available for geothermal projects.
Action History
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Pocket Veto
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House concurred in Senate amendments
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passed Senate
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floor substitute adopted (1 amendment)
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DO PASS committee report adopted
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DO PASS committee report adopted
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Sent to Senate Conservation Committee & Senate Finance Committee
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passed House
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DO PASS, as amended, committee report adopted
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DO PASS committee report adopted
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Sent to House Energy, Environment and Natural Resources Committee & House Appropriations & Finance Committee
Sponsors
- Gerald Ortiz y Pino · Primary
- Patricia Roybal Caballero · Primary
- Joanne J. Ferrary · Primary
- Tara L. Lujan · Primary
- Debra M. Sariñana · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 107 not signed on
Sponsors (5)
- Ortiz y Pino, Gerald
- Patricia Roybal Caballero Democrat
- Joanne J. Ferrary Democrat
- Tara L. Lujan Democrat
- Debra M. Sariñana 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 HB 365?
- HB 365 is sponsored by Ortiz y Pino, Gerald, Patricia Roybal Caballero (Democrat), Joanne J. Ferrary (Democrat), Tara L. Lujan (Democrat), and Debra M. Sariñana (Democrat).
- What is the current status of HB 365?
- This bill died with 2023 Regular Session. It reached “To Executive” 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 HB 365?
- Track HB 365 free on One Click Politics — get push/email alerts when it moves.
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