New Mexico Register / Volume XXXI, Issue 9 / May 5, 2020

NOTICE OF PUBLIC HEARING AND RULEMAKING

The New Mexico Energy, Minerals and Natural Resources Department (EMNRD), Energy Conservation and Management Division is commencing a public comment period and will hold 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 will be held on June 16, 2020 at 9:00 am via Zoom 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 through until 5:00 p.m. June 30, 2020.

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.cleanenergynm.org; 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 June 16, 2020 at 9:00 am via Zoom online, via telephone, and written comments will be accepted via email or mail through until 5:00 p.m. June 30, 2020.

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:

(253) 215-8782 or (301) 715-8592

When prompted, enter Meeting ID: 953 9401 6794

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.

Your oral comments will be recorded.

To access the Public Hearing via internet, please go to https://zoom.us/j/95394016794

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

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 June 30, 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

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.