NMSA 1978, § 7-2A-24.1 — 7-2A-24.1

Geothermal electricity generation corporate income tax
credit.

# A.

For taxable years ending prior to January 1, 2032, a taxpayer that holds an
interest in a geothermal electricity generation facility may apply for, and the department
may allow, a credit against the taxpayer's tax liability imposed pursuant to the Corporate
Income and Franchise Tax Act. The tax credit provided by this section may be referred
to as the "geothermal electricity generation corporate income tax credit".

# B.

The amount of a tax credit allowed pursuant to this section shall be an amount
equal to one and one-half cents ($0.015) per kilowatt-hour of electricity generated in
New Mexico in a taxable year by the geothermal electricity generation facility in which
the taxpayer holds an interest.

# C.

A taxpayer shall apply for certification of eligibility for the credit provided by this
section from the energy, minerals and natural resources department on forms and in the
manner prescribed by that department. The total annual aggregate amount of
geothermal electricity generation corporate income tax credits and geothermal electricity
generation income tax credits that may be certified in any calendar year is five million
dollars ($5,000,000). Completed applications shall be considered in the order received.
Applications for certification received after this limitation has been met in a calendar
year shall not be approved for that calendar year, but shall be considered for
certification in the following calendar year. The application shall include proof that the
taxpayer is eligible for certification, including that the geothermal electricity generation
facility that produced the energy for which the taxpayer is claiming credit, the
geothermal resources used by the geothermal electricity generation facility and the
taxpayer's interest in the geothermal electricity generation facility are in accordance with
the definitions set forth in this section. For taxpayers approved to receive the credit, the
energy, minerals and natural resources department shall issue a certificate of eligibility
stating the amount of credit to which the taxpayer is entitled and the taxable year in
which the credit may be claimed. The certificate of eligibility shall be numbered for
identification and declare the date of issuance and the amount of the tax credit allowed.

# D.

A taxpayer may claim a geothermal electricity generation corporate income tax
credit for the taxable year in which electricity was generated in New Mexico by a
geothermal electricity generation facility in which the taxpayer holds an interest. To
receive the credit provided by this section, a taxpayer shall apply to the department on
forms and in the manner prescribed by the department. The application shall include a
certificate of eligibility issued pursuant to Subsection C of this section.

# E.

That portion of a credit that exceeds a taxpayer's tax liability in the taxable year in
which the credit is claimed may be carried forward for up to three consecutive years.

# F.

A taxpayer allowed a tax credit pursuant to this section shall report the amount of
the credit to the department in a manner required by that department.

# G.

The tax credit provided by this section shall be included in the tax expenditure
budget pursuant to Section 7-1-84 NMSA 1978, including the annual aggregate cost of
the tax credit.

# H.

As used in this section:
(1) "geothermal electricity generation facility" means a facility located in New
Mexico that generates electricity from geothermal resources and:
(a) for new facilities, begins construction on or after January 1, 2025; or
(b) for existing facilities, on or after January 1, 2025, increases the amount of
electricity generated from geothermal resources the facility generated prior to that date
by at least one hundred percent;
(2) "geothermal resources" means the natural heat of the earth in excess of
two hundred fifty degrees Fahrenheit or the energy, in whatever form, below the surface
of the earth present in, resulting from, created by or that may be extracted from this
natural heat in excess of two hundred fifty degrees Fahrenheit and all minerals in
solution or other products obtained from naturally heated fluids, brines, associated
gases and steam, in whatever form, found below the surface of the earth, but excluding
oil, hydrocarbon gas and other hydrocarbon substances and excluding the heating and
cooling capacity of the earth not resulting from the natural heat of the earth in excess of
two hundred fifty degrees Fahrenheit as may be used for the heating and cooling of
buildings through an on-site geoexchange heat pump or similar on-site system; and
(3) "interest in a geothermal electricity generation facility" means title to a
geothermal electricity generation facility; a leasehold interest in such facility; an
ownership interest in a business or entity that is taxed for federal income tax purposes
as a partnership that holds title to or a leasehold interest in such facility; or an
ownership interest, through one or more intermediate entities that are each taxed for
federal income tax purposes as a partnership, in a business that holds title to or a
leasehold interest in such facility.