HOUSE BILL 167

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Thomas A. Garcia

AN ACT

RELATING TO EDUCATION; ENACTING THE ALTERNATIVE ENERGY FOR SCHOOLS GRANT ACT; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Alternative Energy for Schools Grant Act".

     Section 2. DEFINITIONS.--As used in the Alternative Energy for Schools Grant Act:

          A. "alternative energy project" means a project funded pursuant to the Alternative Energy for Schools Grant Act to help a qualified school install alternative energy infrastructure that will help defray the school's energy costs and provide educational opportunities for students relating to the utilization of alternative sources of energy, including biomass, geothermal, hydro, methane, solar and wind power;

          B. "division" means the energy conservation and management division of the energy, minerals and natural resources department;

          C. "grant program" means the alternative energy for schools grant program to fund alternative energy projects at qualified schools;

          D. "qualified school" means a public school or public post-secondary educational institution in New Mexico

that has in place an alternative energy project team that includes school, community and technical assistance membership; and

          E. "secretary" means the secretary of energy, minerals and natural resources.

     Section 3. ALTERNATIVE ENERGY FOR SCHOOLS GRANT PROGRAM CREATED--GRANT APPLICATIONS--USE OF GRANT MONEY.--

          A. The "alternative energy for schools grant program" is created to fund alternative energy projects at qualified schools. A qualified school may, with the written authorization of the local school board or the governing body of the public post-secondary educational institution, apply to the division for a grant. The division shall administer the grant program.

          B. A qualified school that receives a grant through the grant program shall use the funding received to pay for technical assistance, equipment or installation costs associated with an alternative energy project.

     Section 4. DUTIES OF SECRETARY.--The secretary shall adopt rules for implementing and administering the grant program, including procedures for applying for a grant, the form of grant applications, information to be provided by a grant applicant, criteria for awarding grants and administration of the grant program.

     Section 5. REVIEW OF GRANT APPLICATIONS--CRITERIA FOR GRANT APPROVAL--LIMITS ON GRANTS.--

          A. The division shall review each grant application received from a qualified school and shall make a determination as to whether to award a grant to the applicant and, if so, shall determine the amount of the grant to be awarded. If the division determines that an application is missing information required to be included with the application, the division may contact the applicant to obtain the missing information.

          B. In awarding grants, the division shall consider whether a qualified school:

                (1) would reduce its electricity costs by the implementation of an alternative energy project; and

                (2) has a plan in place to incorporate the implementation of an alternative energy project into its educational curriculum.

     Section 6. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the energy, minerals and natural resources department for expenditure in fiscal year 2010 to carry out the provisions of the Alternative Energy for Schools Grant Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

     Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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