An attempt to require the New Mexico Public Regulation Commission to develop rules regarding siting and permitting of renewable energy facilities that generate more than 5 megawatts of electricity failed to pass its first committee, likely killing the bill’s chances of becoming a law.
A motion to move HB 435 forward failed on a 4-6 vote in the House Energy, Environment and Natural Resources Committee on Tuesday and the bill was subsequently tabled.
While that does not necessarily mean the legislation is dead, it is unlikely that it will move forward this session.
HB 435 came as a response to the controversial Diamond Tail and Rancho Viejo solar projects as well as transmission lines such as the Western Spirit Transmission Line, which nearby residents say are in areas where energy projects should not be located.
“We don’t have any state public oversight over renewable facilities above a certain level, and that level is 5 megawatts, which is the maximum for a community solar installation,” bill sponsor Rep. Matthew McQueen, D-Galisteo, said.
Outside of the community solar sphere, the PRC currently only weighs in on siting of projects that exceed 300 megawatts in generation capacity.
In addition to asking the PRC to develop rules for siting of renewable projects, McQueen said HB 435 would also ask the PRC to develop rules for where transmission lines that don’t cross statelines are located.
McQueen said when the developers of Western Spirit Transmission Line heard concerns from the public that the project could impact the views from an archaeological site near Mountainair, the developers chose to move the project.
“But the fact remains that the process there is one where large corporations are basically saying, ‘trust us’ without a formal process,” McQueen said.
The Diamond Tail and Rancho Viejo solar projects are both located off of New Mexico Highway 14, which is a scenic byway known as the Turquoise Trail. Nearby residents have rallied against both projects. Diamond Tail would be located in a small pocket of Sandoval County in the East Mountains. Rancho Viejo would be located near Santa Fe.
Nearby residents that oppose the two projects say they are concerned about fire dangers associated with battery storage as well as impacts to views, traffic and water resources.
Dennis Kellogg, an East Mountains resident and vocal opponent of the Diamond Tail project, was among the members of the public urging legislators to support HB 435.
“What we’ve seen in these facilities going across the state…is there’s a huge gap in knowledge and ability in siting from one county, one city to another,” he said.
McQueen said the Diamond Tail project, while it is located in Sandoval County, will likely primarily impact residents of Santa Fe County.
Some members of the committee expressed concerns that HB 435 could limit local control or take authority away from local governments.
“I think the real question is…isn’t the local community better suited when it comes to site selection?” Rep. Rod Montoya, R-Farmington, said. “Is the local community better off making the determination as to listening to the concerns of the people in that community who don’t want it here or don’t want it there. It just feels like people who want to stop a project will now have two bites at the apple.”
