Public Notices

Welcome to our Energy, Conservation & Management Public Notices Page for pending rule and permitting actions and hearings! Here you will find information on Public Notices, important updates, supporting documents and more.

PUBLIC NOTICE FOR PERMIT ACTION
Preliminary Determination for a Geothermal Injection Well Permit for
Lightning Dock Geothermal HI-01, LLC

Lightning Dock Geothermal HI-01, LLC, 15 W. South Temple, Suite 1900, Salt Lake City, Utah 84101 has submitted an application to The Energy Conservation and Management Division (ECMD) of the New Mexico Energy, Minerals and Natural Resources Department for a geothermal resources development permit to construct and operate a new geothermal injection well at the applicant's geothermal power generating facility in Hidalgo County, New Mexico. The application file has been assigned Permit No. 01-42-18. The exact location of the new proposed well will be UTM NAD83 Zone 12, 3557406 m N, 703888 m E. To aid in locating this facility, the approximate location is 9 miles south of the US Interstate 10 exit 11, and a mile east of State Road 338.

The proposed geothermal injection well will be drilled to a total depth of approximately 2900 feet and will consist of approximately 100 feet of 13 3/8-inch conductor casing, 460 feet of 9 5/8-inch surface casing and 1400 feet of 7-inch intermediate casing. A slotted liner will be placed from about 1350 feet to 2900 feet. The injection well will be used to inject geothermal water back into the formation from which it was produced after extracting the heat to generate electric power at the associated generating facility.

The ECMD has conducted a review of the information submitted in the permit application and based on the applicant's information, a preliminary determination is that the new well will comply with the requirements of Title 19, New Mexico Administrative Code (NMAC), Chapter 11, Parts 1, 2 and 4; and the New Mexico Geothermal Resources Development Act. Therefore, the preliminary intent of the ECMD is to issue the geothermal injection well permit on or before August 14, 2020.

To ensure compliance with state and federal regulations, the permit includes conditions that impose minimum construction standards, and conditions that require monitoring, record keeping and reporting to the division.

Due to the public health emergency order, the ECMD office is closed to the public. The permit application is available for review on the ECMD Public Notices website, below.

For assistance with viewing this application, the draft permit or supporting documentation contact Daren Zigich, at 303-902-7691 or darenk.zigich@state.nm.us.

All interested persons have thirty (30) days from the date this notice is published, to notify the division in writing of their interest in the permit action. The written comments should refer to the company name, and Permit No. (or send a copy of this notice along with your comments). The written comments shall state the nature of the issues raised and how it relates to the requirements of applicable state and federal regulations. The written comments may be emailed to darenk.zigich@state.nm.us or mailed to Daren Zigich, New Mexico Energy, Minerals and Natural Resources Dept., ECMD, 1220 S. St. Francis Drive, Santa Fe, NM 87505.

The applicant or permittee, affected persons or interested persons may file a request with the division for a permit hearing. The person requesting a permit hearing or an attorney representing that person shall sign the hearing request. The hearing request shall be submitted in writing to the division and be postmarked or e-mailed by the close of the public comment period. The hearing request shall include:

  1. the requestor's name;
  2. the requestor's address, or the address of the requestor's attorney, including an e-mail address and phone number if available;
  3. the division's action that is disputed or a copy of the public notice referencing the division's action;
  4. the name or general description of the property interest that the division's action affects, if any;
  5. briefly, the general nature of the dispute with the division's action or proposed action; and
  6. any other matter division rules or a division order requires.

Proposed Permit: Link
Permit Application: Link
Fact Sheet: Link

Agricultural Biomass Tax Credit Notice of Public Hearing and Rulemaking

 

Purpose of Amendments.  In 2020, the Legislature passed a 10-year extension to the Agricultural Biomass Personal Income Tax Credit and the Agricultural Biomass Corporate Income Tax Credit.  The Energy Conservation and Management Division currently implements the original Agricultural Biomass Personal Income Tax Credit and the original Agricultural Biomass Corporate Income Tax Credit, through rules 3.3.33 NMAC and 3.4.20 NMAC, respectively.  The rules currently have a sunset date of January 1, 2020.  The proposed amendments extend the sunset date 10-years to January 1, 2030 as authorized by the legislation.  ECMD will hold a public hearing on the proposed changes on August 19, 2020 at 9:00 am. 

Proposed Rule Changes: 3.3.33 NMAC and 3.4.20 NMAC

For more information about the upcoming public hearing, see the notice of public hearing and rulemaking below and the following link for the Hearing Agenda and Instructions for Participation

 

NOTICE OF PUBLIC HEARING AND RULEMAKING

OF THE NEW MEXICO

ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT

 

The New Mexico Energy, Minerals and Natural Resources Department (EMNRD), Energy Conservation and Management Division is extending the public comment period and moving the date of a public hearing on proposed amendments to rules, 3.3.33 NMAC, “Agricultural Biomass Personal Income Tax Credit” and 3.4.20 NMAC, “Agricultural Biomass Corporate Income Tax Credit”.  The public hearing, previously scheduled for June 16, 2020, will now be held on August 19, 2020 at 9:00 am via Webex online and via telephone.  Oral comments may be made either on-line or by phone as explained below.  Written comments will be accepted via email or mail until 5:00 p.m. August 31, 2020, or in person on the day of the hearing.

 

Purpose of Amendments.  In 2020, the Legislature passed a 10-year extension to the Agricultural Biomass Personal Income Tax Credit and the Agricultural Biomass Corporate Income Tax Credit.  The Energy Conservation and Management Division (ECMD) of EMNRD currently implements the original Agricultural Biomass Personal Income Tax Credit and the original Agricultural Biomass Corporate Income Tax Credit, through rules 3.3.33 NMAC and 3.4.20 NMAC, respectively.  The rules currently have a sunset date of January 1, 2020.  The proposed amendments extend the sunset date 10-years to January 1, 2030, as authorized by Subsection F of Section 7-2-18.26 NMSA 1978 and Subsection D of Section 7-2A-26 NMSA 1978.

 

Legal Authority.  EMNRD proposes these rule amendments under the authority of Subsection F of Section 7-2-18.26 NMSA 1978, Subsection D of Section 7-2A-26 NMSA 1978, and Section 9-1-5(E) NMSA 1978.

 

The full text of the proposed rule amendments are available from EMNRD, Energy Conservation and Management Division; at http://www.emnrd.state.nm.us/ECMD/LawsRegulationsExecutiveOrders/ECMD%20Hearings/Hearings.html; or by contacting Daren Zigich at darenk.zigich@state.nm.us; telephone (505) 476-3323.

 

Public Hearing and Comment.  The public hearing will be held on August 19, 2020 at 9:00 am via Webex online, via telephone, and written comments will be accepted via email or mail until 5:00 p.m. August 31, 2020.  Written comments may also be dropped off at the EMNRD main office at, 1220 South Saint Francis Drive, Santa Fe, NM 87505, between 8 am and 10 am on the hearing date.

 

The hearing is being held via internet, email, and telephonic means due to the concerns surrounding COVID-19 and in accord with Governor Michelle Lujan Grisham’s Executive Order 2020-004, Declaration of a Public Health Emergency, and the March 12, 2020 Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19.

 

Any interested member of the public may attend the Public Hearing and offer public comments on the proposed rule amendments during the hearing.  To access the hearing by telephone: please call:

 

408-418-9388, When prompted, enter

Meeting Number (access code): 146 127 2345

Meeting password: DKsRtPmq728

 

To access the Public Hearing via internet, please go to https://nmemnrd.webex.com/nmemnrd/j.php?MTID=mef89936e8a186557c93c8964ed22710c

 

A Public Hearing Agenda and Participant Information Guide will be posted to the ECMD website contemporaneously with this Notice.  If you wish to provide oral comments at the Public Hearing you will be required to provide your name during the comment portion of the Public Hearing. 

 

You may request to speak via Chat during the Public Hearing. Your oral comments will be recorded.

 

All interested persons may participate in the hearing and will be given an opportunity to submit relevant evidence, data, views, and arguments, orally or in writing as explained in the following paragraph.

 

Those wishing to comment on the proposed rule amendments may make oral comments or submit written comments at the hearing or may submit written comments by August 31, 2020 by 5:00 p.m. by mail or e-mail.

 

Please mail written comments before, during or after the Public Hearing to:

Daren Zigich, EMNRD

Energy Conservation and Management Division

1220 South Saint Francis Drive

Santa Fe, New Mexico 87505

 

Or you may submit them by e-mail to: darenk.zigich@state.nm.us

 

Written comments will also be accepted at the address provided below on August 19, 2020, the date of the public hearing for the proposed rulemaking.  Those wishing to deliver written comment to EMNRD shall, upon arrival at the building, call (505) 476-3200, ext. 1, to request that an agency representative meet you at the front door to receive the written comment.  The phone number will also be posted on the front door along with a copy of this notice.

 

EMNRD

1220 South Saint Francis Drive

Santa Fe, New Mexico 87505

Technical Information.  There is no technical information that served as the basis of the proposed rule amendments.

 

If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing, please contact Daren Zigich at (505) 476-3323 or the New Mexico Relay Network at 1-800-659-1779 one week prior to the hearing.  Public documents can be provided in various accessible formats.  Please contact Daren Zigich at (505) 476-3323, if a summary or other type of accessible format is needed.

New Solar Market Development Income Tax Credit Public Notice

For more information about the upcoming public hearing, see the notice of public hearing and rulemaking below and the following link for the Hearing Agenda and Instructions for Participation

NEW MEXICO ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT

NOTICE OF PROPOSED RULEMAKING

 

The New Mexico Energy, Minerals and Natural Resources Department (EMNRD) hereby gives notice of a proposed rulemaking and a public hearing on the proposed New Solar Market Development Income Tax Credit rules. The public hearing will be held on July 23, 2020, at 1:00 p.m. via online and telephone as described below. Written comments will be accepted until 5:00 p.m. July 30, 2020.

 

Summary of proposed rule. In 2020, the Legislature passed a New Solar Market Development Income Tax Credit. Laws 2020, Chapter 13. EMNRD is proposing a new rule, 3.3.14 NMAC, to implement the new tax credit, including the application contents, application review process, safety codes and standards, minimum system sizes, system applications and eligible components, certification of the system, calculating the solar energy system cost, calculating the tax credit, and claiming the tax credit.

 

Purpose of proposed rule. The proposed rule implements the New Solar Market Development Income Tax Credit. Laws 2020, Chapter 13.

 

Legal Authority. The proposed rule is authorized by Laws 2020, Chapter 13, and Section 9-1-5(E) NMSA 1978.

 

Availability of proposed rule. The full text of the proposed rule is available at http://www.emnrd.state.nm.us/ECMD/; or by contacting Cherise Martinez at cherise.urioste@state.nm.us; telephone (505) 670-1015.

 

Written comments. Those wishing to comment on the proposed rule may submit written comments by July 30, 2020 at 5:00 p.m. by mail or e-mail to:

 

Cherise Martinez, EMNRD

Energy Conservation and Management Division

1220 South Saint Francis Drive

Santa Fe, New Mexico 87505

Cherise.urioste@state.nm.us

 

Written comments will also be accepted at the address provided below on July 23, 2020, the date of the public hearing for the proposed rulemaking.  Those wishing to deliver written comment to EMNRD shall, upon arrival at the building, call (505) 476-3200 ext. 1 to request that an agency representative meet you at the front door to receive the written comment.  The phone number will also be posted on the front door along with a copy of this notice.

EMNRD

1220 South Saint Francis Drive

Santa Fe, New Mexico 87505

 

Public Hearing. A public hearing will be held on July 23, 2020, at 1:00 p.m. via online and telephone.

The hearing is being held via internet, email, and telephonic means due to the concerns surrounding COVID-19 and in accord with Executive Order 2020-004, Declaration of a Public Health Emergency, and the March 12, 2020 Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19.

Any interested member of the public may attend the Public Hearing online or by telephone and offer public comments on the proposed rule during the hearing.

A Public Hearing Agenda and Participant Information Guide will be posted to the EMNRD website http://www.emnrd.state.nm.us/ECMD/ contemporaneously with this Notice. If you wish to provide oral comments at the Public Hearing you will be required to provide your name and the name of any organization you represent during the comment portion of the Public Hearing.

Your oral comments will be recorded.

To access the Public Hearing via internet and for any updates on the Public Hearing please visit our website http://www.emnrd.state.nm.us/ECMD/The information for accessing WebEx:

 

https://nmemnrd.webex.com/nmemnrd/j.php?MTID=m0d96be9e777f6bd086c36e530b4c1b25

Meeting number (access code): 146 378 0122

Meeting password: 9T7ueJW5iZW

 

To join by phone dial 1-408-418-9388

You may request to speak via Chat during the Public Hearing.

 

If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing, please contact Cherise Martinez at (505) 670-1015 or the New Mexico Relay Network at 1-800-659-1779 one week prior to the hearing. Public documents can be provided in various accessible formats. Please contact Cherise Martinez at (505) 670-1015, if a summary or other type of accessible format is needed.

 

Technical Information. There is no technical information that served as the basis of the proposed rule.

 

 

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