Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Reps. Sariñana and Martinez, A/Sen. Pope
LAST UPDATED 02/05/2025
ORIGINAL DATE 02/05/2025
SHORT TITLE Energy Project Siting & Military Bases
BILL
NUMBER House Bill 159
ANALYST Lobaugh
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
OMBPS No fiscal impact No fiscal impact No fiscal impact
No fiscal
impact
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Office of Military Base Planning and Support (OMBPS), Public Regulation Commission (PRC) New Mexico Attorney General (NMAG Agency Analysis was Solicited but Not Received From
Energy, Minerals and Natural Resources Department (EMNRD)
SUMMARY
Synopsis of House Bill 159
House Bill 159 (HB159) requires the developer or owner of a renewable energy project in New
Mexico to provide written notification to the chair of the state Military Base Planning
Commission (a 12-member state commission comprised of the lieutenant governor and 11
governor-appointees) within 10 days of submitting a notice of a proposed construction or
alteration of a renewable energy project to the U.S. Federal Aviation Administration (FAA).
HB159 also requires the developer or owner of a renewable energy project to notify the chair of
the state Military Base Planning Commission within 10 days of obtaining approval or finding of
adverse impact on military operations by providing a copy of approval or finding.
The effective date of this bill is July 1, 2025.
FISCAL IMPLICATIONS
HB159 does not contain an appropriation. HB159 does not have a fiscal impact on the state
budget.
House Bill 159 – Page 2
SIGNIFICANT ISSUES
Federal law requires the developer or owner of a renewable energy project to notify the FAA
before the construction or expansion of a renewable energy project. The FAA evaluates
renewable energy projects, such as wind turbines and solar panel arrays, to ensure projects do not
negatively impact airspace or air safety with turbines or sun glare. When the FAA evaluates
proposed renewable energy projects, the FAA can refer the project for review by the U.S.
Department of Defense (DoD), through an organization called the Military Aviation and
Installation Assurance Siting Clearinghouse (Clearinghouse), for potential impacts to military
operations. A developer or owner of a renewable energy project can also voluntarily ask the DoD
Clearinghouse for an informal review of the project before notifying the FAA.
According to the state Office of Military Base Planning and Support, the state Military Base
Planning Commission is currently unable to confirm prior to construction whether renewable
energy developers and owners are following federal statutes to prevent, minimize, or mitigate the
adverse impacts of projects on military operations.
The Office of Military Base Planning and Support also notes that renewable energy projects that
are incompatible with military operations can (1) result in project delays and increased costs to
the developer or owner, (2) decrease the military value of DoD aviation training routes and
airspace, or (3) lead to the loss of military missions in the state.
The term “other facility” on line 1 of page 2 is vague and may impact the implementation and
interpretation of HB159.
OTHER SUBSTANT IVE ISSUES
The Military Base Planning Commission is currently scheduled to cease operations effective July
1, 2028 (Section 9-15-51.1 NMSA 1978).
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