HOUSE BILL 387

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Dennis J. Roch

AN ACT

RELATING TO THE NEW MEXICO RENEWABLE ENERGY TRANSMISSION AUTHORITY; ADDING TWO MEMBERS TO THE AUTHORITY.

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

     SECTION 1. Section 62-16A-1 NMSA 1978 (being Laws 2007, Chapter 3, Section 1) is amended to read:

     "62-16A-1. SHORT TITLE.--[Sections 1 through 15 of this act] Chapter 62, Article 16A NMSA 1978 may be cited as the "New Mexico Renewable Energy Transmission Authority Act"."

     SECTION 2. Section 62-16A-3 NMSA 1978 (being Laws 2007, Chapter 3, Section 3) is amended to read:

     "62-16A-3. NEW MEXICO RENEWABLE ENERGY TRANSMISSION AUTHORITY CREATED--ORGANIZATION.--

          A. The "New Mexico renewable energy transmission authority" is created as a public body, politic and corporate, separate and apart from the state, constituting a governmental instrumentality for the performance of essential public functions.

          B. The authority shall be composed of [seven] nine members as follows:

                (1) [three] four members appointed by the governor with the advice and consent of the senate. The initial appointees shall be appointed for staggered terms of one, two and three years; thereafter, the members shall be appointed for three-year terms; provided that the landowner member appointed in 2011 shall be appointed for a one-year term;

                (2) the [state investment officer or the state investment officer's] secretary of energy, minerals and natural resources or the secretary's designee;

                (3) the state treasurer or the state treasurer's designee;

                (4) the commissioner of public lands or the commissioner's designee;

                [(4)] (5) one member appointed by the speaker of the house of representatives who shall serve at the pleasure of the speaker of the house; and

                [(5)] (6) one member appointed by the president pro tempore of the senate who shall serve at the pleasure of the president pro tempore.

          C. The qualifications of the members shall be as follows:

                (1) one member appointed by the governor shall have expertise in financial matters involving the financing of major electrical transmission projects;

                (2) [the other four] two appointed members shall have:

                     (a) special knowledge of the public utility industry, as evidenced by college degrees or by experience, at least five years of which must be with the public utility industry; and

                     (b) knowledge of renewable energy development; [and]

                (3) one appointed member shall be a landowner and shall be a member of any landowner association that works with its landowner members in the development of renewable energy; and

                [(3)] (4) no member shall represent a person that owns or operates facilities.

          D. The members initially appointed by the speaker of the house and the president pro tempore of the senate shall, by lot, determine one to have an initial term of two years and one to have an initial term of four years; thereafter, the appointments will be for staggered terms of four years.

          [E. In addition to the seven voting members, the secretary of energy, minerals and natural resources shall serve as an ex-officio nonvoting member of the authority.

          F.] E. The governor shall designate an appointed member of the authority to serve as chair, and the authority may elect annually such other officers as it deems necessary.

          [G.] F. The authority shall meet at the call of the chair or whenever [four] five members shall so request in writing. A majority of members then serving constitutes a quorum for the transaction of business, but the affirmative vote of at least [four] five members is necessary for any action to be taken by the authority.

          [H.] G. The authority is not created or organized, and its operations are not conducted, for the purpose of making a profit, but it is expected to recover the costs of operating the authority. No part of the revenues or assets of the authority shall benefit or be distributable to its members, officers or other private persons. The members of the authority shall receive no compensation for their services, but the public members shall be reimbursed for actual and necessary expenses at the same rate and on the same basis as provided for public officers in the Per Diem and Mileage Act.

          [I.] H. The authority is not subject to the supervision or control of any other board, bureau, department or agency of the state except as specifically provided in the New Mexico Renewable Energy Transmission Authority Act. No use of the terms "state agency" or "instrumentality" in any other law of the state shall be deemed to refer to the authority unless the authority is specifically referred to in the law.

          [J.] I. The authority is a governmental instrumentality for purposes of the Tort Claims Act."

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