N.M. Stat. § 74-2-7.1
Local governing body authority; construction permits;
electric generation facilities.
A. A local governing body may receive a construction permit for a gas-fired electric
generation facility with a one hundred megawatt or less generating capacity in
accordance with the Air Quality Control Act and may transfer the permit to the owner or
operator of a facility that meets the specifications of the permit.
B. A facility that receives a construction permit transferred from a local governing
body shall notify the department within thirty days of receiving the transferred
construction permit. The permit shall be effective for that facility when the department
receives notification of the transfer. The local governing body that transfers the
construction permit shall notify the owner or operator of the local electric distribution
company and the public regulation commission of the permitted project, including its net
capacity rating and intended date of service.
C. As used in this section, "local governing body" means the council or other
executive body charged with governing a municipality or county.
D. The department may cooperate with and lend assistance to any Indian nation,
tribe or pueblo located in the state in developing permitting procedures that fulfill federal
environmental protection agency standards and that parallel the state permitting
procedures described in Subsections A and B of this section.