NEW MEXICO’S BUSINESS LAWYERS ®

Legislative Update: 2022 Post-Session Update

February 22, 2022

The 30-day New Mexico legislative session, which convened January 18, 2022, closed at noon on February 17. Only some of the bills that passed both chambers will be signed by the Governor and be enacted into law. Legislation not acted on by the Governor will be pocket vetoed on March 9. The effective date of legislation that is not a general appropriations bill, a bill with an emergency clause, or any other specified effective date will take effect on May 18. The following is a summary of select bills that were considered by the state legislature that may be of interest to our business clients and friends.

 

SECTIONS

  • Business and Corporate
  • Cannabis
  • Economic Development
  • Employment and Labor
  • Healthcare
  • Taxation
  • Utilities
  • Other/Miscellaneous

CONTRIBUTING LAWYERS

Anna K. Trillo, a law clerk with Sutin, Thayer & Browne, is also a contributing author.

Business and Corporate

PASSED

Interest Rates for Certain Loans – HB132 – Signed into law on March 1, 2022

HB132 lowers the annual percentage rate for loans made under the New Mexico Bank Installment Loan Act of 1959 (“BILA”) and the New Mexico Small Loan Act of 1955 (“SLA”) from 175% to 36%. HB132 also raises the maximum dollar amount for loans under the BILA and SLA from $5,000 to $10,000. Lenders that make loans under the BILA are required to be licensed under the SLA. On March 1, Governor Grisham signed HB132, which goes into effect on January 1, 2023.

Small Business Recovery Loan Applications – HB148 – Signed into law on March 1, 2022

HB148 extends the application deadline for the Small Business Recovery Loan from May 31, 2022 to December 31, 2022. HB148 also extends the fund reversion date from December 31, 2022 to December 31, 2023. On March 1, Governor Grisham signed HB148, which goes into effect on May 18, 2022.

Procurement Preferences Changes – SB39 – Signed into law on February 28, 2022

SB39 amends the Procurement Code to add definitions for Native American resident business, Native American veteran business, Native American contractor, and Native American veteran contractor. The bill removes the 10-year limit that a business can be eligible for the procurement preference, and makes procurement preferences for resident businesses permanent. On February 28, Governor Grisham signed SB39, which goes into effect on July 1, 2022.

Construction Manager General Contractor Act – SB84 – Signed into law on February 28, 2022

SB84 adds a new section to the Procurement Code, allowing the Secretary of the Department of Transportation to use a construction manager general contractor (“CMGC”) delivery method. The bill requires the CMGC to (a) provide preconstruction services; (b) participate in project design, cost control, and scheduling; and (c) provide construction work at a guaranteed maximum price. SB84 also adds the CMGC to the list of exemptions from the competitive sealed bid requirements in accordance with Section 13-1-102. On February 28, Governor Grisham signed SB84, which goes into effect on July 1, 2022.

Credit for Reinsurance Act – SB150* – Signed into law on March 2, 2022

SB150 replaces the New Mexico Insurance Code with model law provided by the National Association of Insurance Commissioners. The new language makes state insurance law consistent with federal requirements and prevents federal preemption. Under current law, reinsurers operating from offshore locations and not licensed in the United States must post all of their collateral to secure a transaction, unless they are a Certified Reinsurer. SB150 eliminates the collateral requirement for certain reinsurers. On March 2, Governor Grisham signed SB150, which goes into effect immediately.

DID NOT PASS

Public-Private Partnership Act – HB55 – Did not pass

The House Judiciary Committee substituted HB55 to permit public and private partners to enter into an agreement to construct or improve broadband telecommunication network facilities. HB55 would have established the public-private partnership board and delegated administrative responsibilities to the New Mexico Finance Authority (“NMFA”). NMFA would have provided loans from the public-private partnership funds to finance the broadband telecommunication infrastructure projects. HB55 passed in the House, but did not advance in its Senate committee.

Cybersecurity Act – SB98 – Did not pass

SB98 would have established the Cybersecurity Office to develop a multi-year statewide cybersecurity plan. All state agencies and public educational institutions were required to provide cybersecurity-related information to the Cybersecurity Office. SB98 did not advance in its committee.   

Cooperative Procurement Agreements – SB146 – Did not pass

SB146 sought to amend the Procurement Code to allow a local public body or state agency to join an existing cooperative procurement agreement for services, construction, or tangible personal property. SB146 did not advance in its committee.  

CANNABIS

DID NOT PASS

Cannabis Regulation – SB100 – Did not pass       

SB100 would have amended the Lynn and Erin Compassionate Use Act and the Cannabis Regulation Act to revise definitions. Some of the notable amendments included (1) increasing the amount of plants for a “cannabis producer microbusiness” from 200 to 1,000 plants; (2) making the minimum age of cannabis servers 21; and (3) reporting the sales of cannabis products to the proper business location according to specific location designations. SB100 passed in the Senate. The bill was set to be heard in the House Judiciary Committee, but the House ran out of time before it was considered.

ECONOMIC DEVELOPMENT

PASSED

Opportunity Enterprise Act – HB7 – Signed into law on March 9, 2022

HB7 enacts the Opportunity Enterprise Act, authorizing the New Mexico Finance Authority (“NMFA”) to provide financing and enter into leases with Opportunity Enterprise Partners. The bill defines Opportunity Enterprise Partners as businesses that NMFA determines (1) are engaged in an enterprise that creates or expands economic development opportunities within the state and (2) are eligible for financing assistance. NMFA may prioritize applications for proposed enterprise development projects located in a nonurban community. On March 9, Governor Grisham signed HB7, which goes into effect on July 1, 2022.  

Venture Capital Program Act – HB104 – Signed into law on March 1, 2022

HB104 creates the Venture Capital Investment Act, establishing the venture capital investment fund under the NMFA. The purpose of the fund is to make investments in businesses that create new job opportunities. HB104 requires NMFA to invest in either (1) venture private equity funds or (2) businesses that “enhance the economic development objectives of the state.” On March 1, Governor Grisham signed HB104, which goes into effect on July 1, 2022.

College Research Park and Economic Development Act Changes – SB41 – Signed into law on March 8, 2022

SB41 amends the University Research Park and Economic Development Act to make research park corporations subject to the Public Employee Bargaining Act. Senate Judiciary Committee amended SB41 to add language specifying that a research park corporation, such as UNM’s Sandoval Regional Medical Center, Inc. and UNM Medical Group, Inc., will be deemed a public employer for the purposes of the Public Employee Bargaining Act only if it is a health care facility that is owned, operated, or managed by a research park corporation. On March 8, Governor Grisham signed SB41, which goes into effect on May 18, 2022.

DID NOT PASS

Hydrogen Hub Development Act – HB4 – Did not pass

HB4 aimed to facilitate the development of hydrogen production in New Mexico by authorizing the state and its political subdivisions to enter into public-private partnership agreements, establish grant and loan programs to help finance hydrogen hub projects under such agreements, and create tax deductions and credits to incentivize the development of hydrogen facilities. HB4 did not advance in its committee.   

UPDATE:  Governor Michelle Lujan Grisham moved ahead with plans to create a clean hydrogen industry in New Mexico, despite the failure of a similar proposal during the recent legislative session. On February 24, 2022, Governor Grisham joined the governors of Colorado, Utah, and Wyoming in announcing they will compete jointly for a portion of the $8 billion allocated in the Federal Infrastructure Investment and Jobs Act for the development of regional clean hydrogen hubs. According to the governor’s office, these states are uniquely situated for this purpose given the presence of high-quality wind, solar, biomass, natural gas, and other energy resources.

Job Creation Reporting Requirements – SB69 – Did not pass

SB69 would have required recipients of public support under the Local Economic Development Act to report job creation and capital investment information to the New Mexico Taxation and Revenue Department. SB69 passed in the Senate, but did not advance in its House committee.

EMPLOYMENT and LABOR

PASSED

Prevailing Wage and Fringe Benefit Rates – SB4 – Signed into law on February 28, 2022

SB4 amends the Public Works Minimum Wage Act to specify that prevailing wage rates and fringe benefit rates are to be determined annually by October 1. Previously, the Act did not provide specific dates, requiring the director to “annually” determine prevailing wage rates and prevailing fringe benefit rates for laborers and mechanics employed on public works projects. An appeal of the prevailing wage determination will not have the effect of creating a stay unless the court grants a stay. On February 28, Governor Grisham signed SB4, which goes into effect on May 18, 2022.

HEALTHCARE

PASSED

Health Care Quality Surcharge Act Changes – SB40 – Signed into law on March 2, 2022

The Health Care Quality Surcharge Act, when passed in 2019, included a delayed repeal provision that would repeal the Act effective January 1, 2023. SB40 repeals the delayed repeal of the Act, causing the Act to continue in effect beyond January 1, 2023. On March 2, Governor Grisham signed SB40, which goes into effect on May 18, 2022.

 DID NOT PASS

Rural Health Care Project Loans – HB97 – Did not pass

HB97 would have allowed the New Mexico Finance Authority (“NMFA”) to make loans of up to $500,000 for rural health care projects in rural communities determined by the Department of Health to be a health care underserved area. The bill sought an appropriation of $7.5 million for use for loans in fiscal year 2023 and would have established a revolving fund into which principal and interest payments would be deposited to fund future loans. HB97 did not advance in its last committee.   

Rural Primary Care Clinician Loan Repayment – SB23 – Did not pass

SB23 allowed the Department of Health (“DOH”) to grant funds to an eligible primary care organization in a rural area determined by DOH to be a health care underserved area to repay student loans of eligible health care providers recruited by that eligible primary care organization. SB23 did not advance in its committee.  

Nurses and Take-Home Methadone Programs – SB83 – Did not pass

SB83 sought to establish a new section of the Pharmacy Act to allow nurses employed by opioid treatment programs to dispense up to a 27-day supply methadone for take-home use by patients of the program. SB83 did not advance in its committee.

Anatomical Gift Discrimination – SB158 – Did not pass

SB158 would have prohibited discrimination based on disability at all stages of the organ transplant process. Prohibited activities include, but are not limited to, denying transplant-related services, denying insurance coverage for a transplant, declining to put a person on a waiting list for organ transplant or giving the person lower priority on such list. SB158 passed in the Senate, but was not voted on in the House.  

Insurance Approved Provider Information – SB182 – Did not pass

SB182 would have amended the Insurance Code to require the Superintendent of Insurance to promulgate regulations requiring a health insurer, within 45 days after receiving a complete credentialing application for a provider, to load the provider’s information into its claims system so that the provider may be reimbursed. If the deadline was not met, the insurer would have been required to reimburse the provider for claims with dates of service after the 45th day, even if the insurer had not taken action on the application. SB182 did not advance in its committee.  

Rural Hospital Services Fund – SB190 – Did not pass

SB190 created a fund that would have sent money to rural hospitals for expanding or providing new services. SB190 did not advance in its last committee.

TAXATION

PASSED

Tax Changes – (1) Reduces Gross Receipts Tax; (2) Defines Disclosed Agency; (3) Gross Receipts Tax Deduction for the Sale of Services to a Manufacturer; (4) Gross Receipts Tax Deduction for Feminine Hygiene Products; (5) New Solar Market Development Tax Credit; (6) Extends Sustainable Building Tax Credit Dates – HB163 – Signed into law March 8, 2022

 HB163 is the session’s omnibus tax bill. The legislation, which takes effect July 1, 2022, makes several significant changes, including but not limited to:

  1. HB163 reduces the state gross receipts and compensating tax rate from 5.125% to 4.875% over two years. Between July 1, 2022, and July 1, 2023, the gross receipts tax and the compensating tax will be 5%. Beginning July 1, 2023, the rate is reduced to 4.875%. If – for any single fiscal year between fiscal year 2025 and 2030 – gross receipts tax revenues are less than 95% of the gross receipts tax revenues for the previous fiscal year, as determined by the secretary of finance and administration, the gross receipts tax and compensating tax reverts to 5.125%. The determination would be made in February of the year following the end of a fiscal year, and the restoration would be effective as of July 1 of the year of determination. However, the reduction is revoked if gross receipts tax revenue decreases in the next five years.
  2. HB163 defines “disclosed agency” for purposes of the gross receipts and compensating tax act. “Disclosed agency” means an agent receiving money on behalf of a principal if the agent or the agent’s principal disclosed the agency relationship to a third party from which the agent receives money, or if the third party otherwise has actual knowledge that the agent receives money on behalf of the principal.
  3. HB163 provides a gross receipts tax and governmental gross tax deduction for the sale of services to a manufacturer. It deducts the sale of certain services, including accounting, architectural, engineering, information technology, and legal services as long as the purchaser presents to the seller a nontaxable transaction certificate or alternative evidence entitling a person to a deduction in accordance with NMSA 1978, Section 7-9-43. The deduction relies on the definition of “manufacturer” used in Section 7-9-3.
  4. HB163 provides for a deduction from gross receipts and governmental gross receipts taxes for the sale of feminine hygiene products.
  5. HB163 extends the new solar market development income tax credit by eight years. The cap on the credit increases from $8 million to $12 million. The credit is made refundable rather than eligible for carry forward for five years. The current law does not allow a solar credit to be claimed on regular corporate income tax returns. However, pass-through entities may claim the credit. The credit is eligible for systems installed after January 1, 2022.
  6. HB163 extends the eligibility for the 2021 Sustainable Building Tax Credits for the construction of new sustainable commercial and residential buildings from those completed on or after April 1, 2023 to those completed on or after January 1, 2022.

On March 8, Governor Grisham signed HB163, which goes into effect on July 1, 2022.

Tribal Gross Receipts Rates – HB15 – Pocket Vetoed

HB15 (1) removes limitations on a tribe’s sales tax rate in order to qualify for cooperative agreements, and (2) removes the requirement that a tribe’s tax must be greater than the state and local gross receipts tax rate to be credited against gross receipts tax due. Presently, only tribes with a tax less than or equal to the total gross receipts tax rate receive a 75% tax credit against the gross receipts due to the state. HB15 was pocket vetoed.

Gross Receipts Tax Deduction for Nonathletic Special Events – HB39 – Signed into law on March 8, 2022

HB39 extends the deduction for events at the Pan American Center in Las Cruces for five years. On March 8, Governor Grisham signed HB39, which goes into effect on July 1, 2022.

Tech Readiness Gross Receipts Tax Credit – HB67 – Signed into law on March 8, 2022

HB67 extends the technology readiness gross receipts tax credit by five years. HB67 changes the way this tax credit is funded, replacing the monthly funding structure with a standard tax credit capped at $1 million per national laboratory per year. On March 8, Governor Grisham signed HB67, which goes into effect on July 1, 2022.

Dialysis Facility Gross Receipts – HB82 – Signed into law on March 8, 2022

HB82 defines “dialysis facility” as a facility that provides outpatient maintenance dialysis services or home dialysis training and support services. The definition covers a facility considered by the federal centers for Medicare and Medicaid services to be an independent or hospital-based facility that includes a self-care dialysis unit that furnishes only self-dialysis services. The deduction is not permanent, but will remain in effect for 10 years. On March 8, Governor Grisham signed HB82, which goes into effect on July 1, 2022.

Entity-Level Tax Income & Payment – HB102 – Signed into law on March 8, 2022

HB102 adds a new section to the Income Tax Act and Corporate Income and Franchise Tax Act that allows the net income subject to the entity-level tax to be exempt from personal and corporate income tax. HB102 also adds new material to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act to allow a pass-through entity to annually elect to pay an income tax at the entity level for a taxable year. Pass-through entities electing to pay the entity-level tax can file their tax return by the original or extended due date of their federal tax return. The provisions in this bill apply to taxable years beginning on or after January 1, 2022. On March 8, Governor Grisham signed HB102, which goes into effect on May 18, 2022.

General Obligation Bond Projects – HB153* – Signed into law on March 9, 2022

HB153 provides funds for capital expenditures as authorized in the 2022 Capital Projects General Obligation Bond Act, including senior citizen facility improvements and library acquisitions. A list of the approved projects can be found here. On March 9, Governor Grisham signed HB153, which went into effect immediately.

Tribe and Pueblo Car Excise Tax Credit – HB167 – Signed into law on March 8, 2022

HB167 offers a credit against taxation for tax levied by an Indian nation, tribe, or pueblo on vehicles acquired through a transaction on reservation or trust land within an Indian nation, tribe, or pueblo. It is expected that the provisions of this bill will initially only affect the Tesla dealership located on Nambe Pueblo lands. On March 8, Governor Grisham signed HB167, which goes into effect on July 1, 2022.

Medical and Health Care Gross Receipts – SB138 – Signed into law on March 8, 2022

SB138 amends Section 7-9-77.1 to add “Medicare administrative contractor” as a qualified payor in addition to the federal government and its agencies for the deduction of certain medical and health care services. SB138 defines “medicate administrative contractor” to mean a third-party administrator operating under contract with the federal centers for Medicare and Medicaid services to process Medicare claims and make Medicare fee-for-service payments for Medicare fee-for-service beneficiaries. SB138 also adds a deduction for receipts of a nursing home or hospice for payments to Medicare beneficiaries. On March 8, Governor Grisham signed SB138, which goes into effect on July 1, 2022.

DID NOT PASS

Energy Storage System Income Tax Credit – HB11 – Did not pass

HB11 proposed a 40% income tax credit for the cost of equipment and installation for an energy storage system installed on the taxpayer’s business, agricultural, or residential property. The maximum credit amount was $5,000 per system. Only one credit was allowed for each property. HB11 did not advance in its last committee.

Bonds and Gross Receipts Deduction for Electric Storage – HB14 – Did not pass

HB14 sought to amend both the Municipal Industrial Revenue Bond Act and the County Industrial Revenue Bond Act to make renewable energy storage projects eligible for industrial revenue bond treatment. HB14 also provided gross receipts tax deductions for sales of energy storage equipment to a governmental entity for the purposes of installing a renewable energy storage facility. HB14 did not advance in its committee.

Expand Rural Health Practitioner Tax Credit / Expand Rural Health Care Tax Credit – HB17 / SB115 – Did not pass

HB17 amended the Rural Health Care Practitioner Tax Credit to add licensed pharmacists and several categories of behavioral health workers to the list of approved practitioners eligible to receive the credit. SB115 added doctors of oriental medicine, naturopathic doctors, and speech-language pathologists to the list of approved practitioners eligible to receive the credit. Both bills did not advance in their last committees.  

Cigarette and Tobacco Products Tax – HB33 / SB142 – Did not pass

HB33 increased the excise tax rate for cigarettes, tobacco products, e-liquids, and closed system cartridges for use in electronic cigarettes. HB33 removed cigars from excise taxes. HB33 decreased discounts for tax stamps sold in larger quantities during a calendar month. HB33 also adjusted the percentages of the cigarette tax revenue distributed to the related healthcare entities. Both bills did not advance in their committees.

Geothermal Ground-Coupled Heat Pumps / Geothermal Heat Pump Tax Credits – HB35 / SB68 – Did not pass

HB35 extended the Geothermal Ground-Coupled Heat Pump Tax Credit by 10 years. HB35 makes the credit available under the Corporate and Franchise Tax Act. The tax credit is a credit against personal and corporate income tax liability for 30% of the purchase and installation of an eligible system up to $9,000. Both bills did not advance in their last committees.  

Exclude Home Health Care from Destination-Based Sourcing – HB47 – Did not pass

HB47 provided for an exception to the destination-based sourcing rules for reporting gross receipts tax for home health services, hospice services, and personal care services performed in New Mexico. The business location of the service provider will be used to determine gross receipts tax liability rather than the location of where the service is performed. HB47 passed in the House, but did not advance in its last Senate committee.  

Limit Property Tax Valuation Increase – HB71 – Did not pass

HB71 increased the current 3% limit on annual net taxable value currently applicable to all residential properties, except those rented in less than 30-day increments, to 10% on residential properties not occupied by their owners as primary residences. Properties occupied by their owners continue to be subject to the 3% limitation in net taxable value applicable to residential properties under current law. HB71 passed in the House, but did not advance in its Senate committee.

Space Ticket Gross Receipts – HB72 – Did not pass

HB72 specifically included receipts from the sale of tickets or services from transporting persons into space or near space in the gross receipts tax. The receipts from launching, operating, or recovering space vehicles or payloads remain deductible. HB72 did not advance in its committee.   

Angel Investment Credit Refundable / Angel Investment Tax Credit Dates – HB80 / HB161 – Did not pass

HB80 would have increased the amount of angel investment credit from 25% to 40% of the investment and makes this tax credit refundable. HB80 increased the maximum annual aggregate from $2 million to $10 million. An eligible company for investing (1) was one with 100 or fewer employees, and (2) earned less than $10 million. HB161 extended the credit by five years, and increased the annual cap from $2 million to $5 million. HB80 did not advance in its last committee, and HB161 did not advance in its committee.

Face Mask Sale Gross Receipts – HB123 – Did not pass

HB123 created an exemption from gross receipts tax for the sale of face masks while a public health order is in effect. “Face mask” was defined as a mask or multilayered face cloth that covers the nose and mouth and is intended for a medical purpose to assist in preventing the spread of infectious materials. HB123 did not advance in its committee.

Business Income by Single Sales Factor – HB129 – Did not pass

HB129 repealed the use of the three-factor formula for corporate income tax apportionment of multi-state income in favor of a single sales factor formula apportionment for most corporations and pass-through entities. HB129 did not advance in its last committee.

Distribution of Copper Tax – HB146 – Did not pass

HB146 added a new section to the Tax Administration Act that distributed to each county 15% of the net receipts attributable to the taxes imposed pursuant to the Resources Excise Tax Act on the taxable value of copper severed in that county. HB146 did not advance in its last committee.

Real Estate Transfer Taxes & Social Security – HB158 – Did not pass

HB158 enacted the Real Estate Transfer Tax Act, which imposed an excise tax on all instruments evidencing a transfer of interest in residential property. The amount of tax imposed depended on the price of the residential property. HB158 also provided an extensive list of exemptions. HB158 did not advance in its committee.

Business-to-Business Service Gross Receipts – HB207 – Did not pass

HB207 was an effort to reduce pyramiding of tax on business to business transactions.  It deducted the sale of certain services, including administrative, engineering, financial management, information technology, human resources, legal, and temporary services, as long as (1) the sale is made to a sole proprietorship, a limited liability company, a partnership or a corporation; (2) the sale is made to an entity with a New Mexico tax identification number or equivalent tax identification number from another state; or (3) the purchaser presents to the seller a nontaxable transaction certificate or alternative evidence entitling a person to a deduction in accordance with NMSA 1978, Section 7-9-43. HB207 did not advance in its committee.

Electric Vehicle Income Tax Credit SB21 – Did not pass

SB21 applied a credit of $3,250 for all taxpayers who purchase a qualifying electric vehicle. The Senate Finance Committee removed the section that allowed taxpayers, who shared ownership of a business that installed an electric vehicle charging unit, the ability to share the credit claimed. SB21 passed its committee, but was not voted on in the Senate.

Film Company Security Gross Receipts Tax – SB60 – Did not pass

SB60 provided a gross receipts tax deduction for security services sold to a film production company. SB60 did not advance in its last committee.

Exclude Oil & Gas Services from Destination-Based Sourcing Rules – SB136 – Did not pass

SB136 excluded oil and gas production services from destination-based sourcing rules. For oil and gas production services, the reporting location is where the performer of the service or seller of the product is located. SB136 defined “oil and gas production services” to mean services necessary for the production or severance of products. SB136 did not advance in its last committee.

Distribute Part of Gross Receipts Tax on Services to Municipalities – SB137 – Did not pass

The Senate Tax, Business and Transportation Committee substituted SB137 to create the “destination-based sourcing safety net fund.” The fund would have been distributed by the Department of Finance and Administrate to qualified municipalities based on the amount of money lost from destination-based sourcing of only services. SB137 also removed the definition of “business location” from Section 7-1-14 of the Tax Administration Act, and removed “business location” from the reporting of gross receipts from the lease of tangible property. SB137 passed in the Senate, but was not voted on in the House.

County Hospital and Public Safety Gross Receipts Tax – SB183 – Did not pass

SB183 added a new section to the County Local Option Gross Receipts and Compensating Taxes Act. If approved by a majority of the county’s voters, the governing body of a county would have enacted an ordinance imposing or reinstating an excise tax at a rate of one-half percent on any person engaging in business in the county. The revenue would have been used to pay for gross receipts tax bonds for hospitals and public safety capital projects in the county. SB183 passed in its committee, but was not voted on in the Senate.

UTILITIES

PASSED

Community Energy Efficiency Development Block Grant – HB37 – Signed into law on February 28, 2022

HB37 creates a block grant program intended to facilitate qualifying political subdivisions’ community energy efficiency projects. The Energy, Minerals, and Natural Resources Department’s administration of the grant program prioritize applications based on income status, housing affordability, and selected project implementation. On February 28, Governor Grisham signed HB37, which goes into effect on May 18, 2022.

DID NOT PASS

Clean Future Act – HB6 – Did not pass

HB6 sought net-zero emissions by amending the Air Quality Control Act to require greenhouse emissions reductions through 2050. It would have required a number of state entities to provide annual reports regarding the impacts of climate change to the Environment Department and the Energy, Minerals and Natural Resources Department. HB6 passed in its committee, but was not voted on in the House.

Storage of Certain Radioactive Waste – HB127 and SB54 – Did not pass

HB127 and SB54, companion bills, would have prohibited storage of spent fuel and high-level waste within the state. These bills aimed to prohibit any political subdivision of the state from permitting construction or operation permits for disposal facilities and would have expanded the radioactive waste consultation taskforce. HB127 passed in its committee, but was not voted on in the House. SB54 did not advance in its last committee.

Enacting The Clean Fuel Standard Act – SB14 – Did not pass

SB14 sought to create standards for reducing the carbon intensity of transportation fuels through 2040. Affected providers would have received credit and deficits (each equal to one metric ton of carbon dioxide equivalent) with a fair market value attached. SB14 passed in the Senate, but did not pass in the House.  

Utility Easements for Broadband Act – SB42 – Did not pass

SB42 would have enacted the Utility Easements for Broadband Act authorizing the use and sharing of utility easements for the provision of communications service throughout the state. SB42 did not advance in its last committee.

 

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