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HB 259 |
Private Action to Enforce Enviro Statutes more
Summary: Currently, New Mexicans can only sue polluters for damages to their health or property after the fact. HB259 would have allowed private citizens who are adversely affected by illegal pollution the right to take violators to court to stop the pollution. Any penalties imposed would have accrued to the state. When we're facing a budget crisis, and agencies already have limited resources for enforcement, this bill would have given New Mexicans a critical tool to protect their families and clean up their communities.
Outcome: Defeated in the House.
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Support |
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2010 |
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HB 276 |
Air Quality Control Permit Denial more
Summary: Under every major New Mexico environmental statute, the state has the authority to deny or revoke a permit for an egregious violator—with one exception: the Air Quality Control Act. The effect is that the worst of the worst rogue companies can pollute our air, giving our children asthma and our parents cancer, but we still can’t stop them from operating in our state. These measures would have rectified this injustice by authorizing the state to deny or revoke permits in instances where the applicant or permittee is guilty of specific bad acts.
Outcome: Defeated in both the House and the Senate.
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Support |
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2010 |
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HB 286 |
Oil & Gas Financial Assurance more
Summary: Much has changed since 1935, when the Oil and Gas Act was enacted. The Act is desperately in need of modernization to reflect current realities—particularly the need to adequately enforce the oil and gas industry’s responsibility to protect crucial and declining water supplies. HB 286 would have brought New Mexico’s fines and penalties in line with surrounding states like Texas and Arizona. The legislation also corrected glaring inconsistencies between the Oil and Gas Act and other state environmental statutes, ensuring equal treatment of similar activities under state law.
Outcome: HB 286 died on the House floor (32-36).
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Support |
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2013 |
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HB 296 |
Economic Development Utility Rates more
Summary: HB 296 (and its companion SB 283) would have shifted costs for economic development utility expansion (e.g. sprawl development or industry) to other ratepayers, effectively subsidizing the expansion at the expense of small business and lower-income ratepayers. HB 296 and SB 283 were almost identical to HB 183; there were only minor differences, with the addition of an emergency clause in both HB 296 and SB 283.
Outcome: HB 296 passed the House (47-17) and was defeated in the Senate Judiciary Committee. SB 283 died on the Senate calendar.
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Oppose |
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2014 |
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HB 405 |
Public-Private Partnerships Act more
Summary: Similar to SB 273, but far more sweeping in the types of public projects and resources that could be privatized (e.g. dams, reservoirs, water treatment plants, utility infrastructure, etc.); HB 405 would have facilitated private control of projects that are most appropriately operated by responsive public entities. Experiences by other governments in privatizing public services (e.g. transportation, education, public safety) have rarely been successful, usually resulting in higher costs, lower quality and expensive legal battles in the long-term.
Outcome: HB 405 passed the House (50-19) and died in the Senate Corporations and Transportation Committee.
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Oppose |
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2013 |
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HB 429 |
Environmental Private Right Of Action more
Summary: HB 429 afforded landowners or other affected parties a private right of action to pursue enforcement of environmental laws against violators or agencies who are failing to enforce existing law. An example might be the case of a rural landowner whose groundwater is at risk of contamination by a polluting company; if the state refuses to require the company to stop polluting groundwater, the landowner would have recourse in court.
Outcome: HB 429 died on the House floor (30-36).
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Support |
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2013 |
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HB 433 |
Land, Wildlife & Clean Energy Act more
Summary: HB433 and its companion SB309 would have established a specialized board to administer funding for clean energy and land and wildlife conservation projects and the protection of working farms and ranches.
Outcome: HB433 passed the House (41-27), but died in the Senate. SB309 also died in the Senate.
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Support |
A |
2007 |
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SB 163 |
Change Board & Commission Sunset Dates more
Summary: SB 163 extends seven board and commission expiration or “sunset” dates, including the Water Quality Control Commission (WQCC). The WQCC is set to sunset on July 1, 2013. The WQCC is the only entity in New Mexico authorized to enact rules pursuant to the federal Clean Water Act or to set water quality standards. The Commission also approves variances for water quality regulations and hears appeals of water pollution permits.
Outcome: After a long and complicated fight in both chambers, efforts to sunset the WQCC in 2013 failed. If signed by the Governor, the WQCC’s expiration or “sunset” will be extended to 2019. SB 163 passed the Senate (42-0) and passed the House (63-4) and was signed by the Governor on April 4, 2013.
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Oppose |
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2013 |
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SB 186 |
Natural Heritage Conservation Act more
Summary: Each year, New Mexico misses out on tens of millions of dollars in federal funding for conservation projects, because we don’t have a fund set up for that purpose. SB186 establishes a fund — with no money attached — that could be used for habitat restoration projects and protection of water quality and quantity, working farms and ranches, forests and watersheds, recreational opportunities, and more.
Outcome: Passed both chambers and signed by the Governor.
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Support |
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2010 |
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SB 418 |
Renewable Energy Portfolio Standards more
Summary: SB418 increases the existing renewable energy standard so that utilities must include 15% renewables in their portfolio by 2015, and 20% by 2020.
Outcome: SB418 passed the Senate (32-0), passed the House (43-18), and was signed into law .
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Support |
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2007 |
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SB 693 |
State Engineer Permits for Subdivisions more
Summary: SB693 would have strengthened state engineer evaluation of water availability for new subdivisions by reducing the assessment threshold from subdivisions of 20 parcels or more to subdivisions of 5 parcels or more, while also making the state engineer recommendations binding on county commissions.
Outcome: SB693 passed the Senate (33-1), but failed on the House floor (21-35).
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Support |
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2007 |
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HB 40 |
Designation Of Benefit Corporations more
Summary: HB 40 is a common-sense measure that allows corporations to voluntarily designate themselves as “benefit corporations”, which gives them greater latitude of purpose than simple profit maximization. Benefit corporations can include social and environmental benefits in their purposes, and HB 40 specifies certain responsibilities for reporting and accountability. Protections in the bill ensure that individual shareholders can opt out at the time of designation and receive payment for their shares, and the bill also limits liability if the corporation fails to achieve its stated social or environmental purposes
Outcome: HB 40 passed the House (62-3) and passed the Senate (33-6) but was pocket vetoed by the Governor.
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Support |
E |
2013 |
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HB 68 |
Non-Game Fish Capture or Killing more
Summary: HB68 expands the authority of the Game Commission to regulate the methods and devices used to capture non-game fish species. This bill is intended to reduce the application of cruel and wasteful killing techniques.
Outcome: Defeated in the Senate.
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Support |
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2009 |
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HB 81 |
Petroleum Storage Tank Definition Changes more
Summary: To maintain state primacy in the regulation of petroleum storage tanks, and to avoid punitive measures by the federal government, New Mexico’s laws must be at least as stringent as federal law. SB61 (and its companion HB81) are ‘fixes’ that amend state statute to be consistent with federal law, allowing us to access millions of dollars in federal money to clean up underground storage tanks that threaten water quality. Similar bills failed to pass in prior years, so this is an important achievement.
Outcome: Passed both chambers and signed by the Governor.
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Support |
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2010 |
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HB 276 |
SunCal Tax Increment Project Bonds more
Summary: HB 276 authorizes a massive ($629 million) bond issue to provide infrastructure to a sprawl development on Albuquerque’s west mesa. The bond would be serviced by diverting gross receipts tax revenues that would otherwise accrue to the state to spend on healthcare or education. These types of ‘greenfield’ Tax Increment for Development Districts (TIDDs) are bad public policy – not only for land use and water planning, but also from a fiscal perspective. House members’ votes are scored on the bill itself; Senators’ votes are scored on a procedural motion that allowed HB 276 to be withdrawn from its final committee and moved immediately to the Senate floor.
Outcome: Defeated in the Senate.
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Oppose |
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2008 |
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HB 305 |
Utility Customer Load Management more
Summary: Efficiency is the most reliable, least expensive source of “new” energy. HB 305 amends the existing Efficient Use of Energy Act to establish mandatory energy efficiency targets of 5% by 2014 and 10% by 2020. Increased energy efficiency is a critical tool in the fight against global climate change.
Outcome: Passed both chambers and signed into law.
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Support |
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2008 |
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HB 318 |
Power Plant Mercury Emission Controls more
Summary: HB318 authorizes the Environmental Improvement Board to require use of the best available technologies to control mercury emissions from power plants.
Outcome: Passed both chambers and signed into law.
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Support |
E |
2007 |
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HB 340 |
New Emission Standards to Take Effect in 2015 more
Summary: HB340 (and its companion SB548) delay the effective date of New Mexico’s “clean cars” rule until 2015. Along with 13 other states representing roughly half of the American population and vehicle fleet, New Mexico has adopted sensible standards for vehicle emissions that are flexible for manufacturers, cost-effective for consumers, and help combat greenhouse gas emissions that are responsible for climate change. Delaying the implementation of New Mexico’s rule would be taking a step backwards while the rest of the country is moving forwards. Moreover, any effort to delay the rule should be pursued in the appropriate forum; CVNM’s understanding is that neither the Environmental Improvement Board (EIB) nor the Governor’s office has received a formal petition for an executive delay.
Outcome: Both bills passed, but were VETOED by Governor Richardson.
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Oppose |
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2009 |
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HB 386 |
Oil and Gas Operation Emissions Standards more
Summary: HB386 would have allowed the state to set regulations for emissions from oil and gas operations that are at least as stringent as, or more stringent than, federal standards.
Outcome: HB386 passed the House (31-16), but died in the Senate.
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Support |
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2007 |
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HB 431 |
Greenhouse Gas Emissions Reporting & Fee more
Summary: HB431 would have established a registry to report and track greenhouse gas emissions and reductions, and authorized user fees to fund the system.
Outcome: HB431 passed the House (37-27), but died in the Senate.
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Support |
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2007 |
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HB 451 |
Greenfield Tax Increment Districts more
Summary: Tax Increment for Development Districts (TIDDs) are a new mechanism supposedly designed to help finance redevelopment in declining neighborhoods. However, most of the TIDDs proposed in New Mexico are for sprawl development on open space or undeveloped ‘greenfields’, as opposed to revitalization of existing developed areas. HB 451 improves oversight and transparency of sprawl development TIDDs, while limiting their negative fiscal impacts.
Outcome: Defeated in the House.
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Support |
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2008 |
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HB 653 |
Environmental Board Greenhouse Gas Rules more
Summary: Joining many other states in tackling the climate crisis, HB653 directs the Environmental Improvement Board to adopt rules for reducing greenhouse gas emissions and to establish a greenhouse gas cap-and-trade program.
Outcome: Defeated in the House. The scored vote is on a procedural motion rejecting an unfavorable committee report; it was the only floor vote taken on the measure.
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Support |
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2009 |
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HB 732 |
Low Income Energy Utility Fund Distribution more
Summary: HB732 provides funding for home energy assistance and efficiency to help low income families in New Mexico manage rising energy costs. Implementing energy efficiency measures in a low-income home can save families up to 30% on their energy bills.
Outcome: Defeated in the Senate.
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Support |
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2009 |
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HB 824 |
Solid Waste Permit Fees more
Summary: HB824 would allow solid waste facilities to choose whether they prefer a 20-year permit or an “active life of the facility” permit, which could extend to 80 or 90 years. Allowing a facility to receive a lifetime permit with only modest agency reviews prevents the state from adequately monitoring or modifying permits to reflect compliance history, changes in the technical merits of the application, or community and public input.
Outcome: Defeated in the Senate.
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Oppose |
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2009 |
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HB 827 |
Surface Owners Protection Act more
Summary: HB827 provides property owners with some basic rights when oil and gas companies own the mineral rights below the surface of their land and helps protect landowners from irresponsible oil and gas operators.
Outcome: Passed both chambers signed into law.
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Support |
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2007 |
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HB 859 |
Cesspool Elimination Assistance Act more
Summary: HB859 would have helped address the water contamination threats posed by cesspools by establishing a program that provides assistance in cleaning up cesspools and replacing them with onsite liquid waste disposal.
Outcome: HB859 died in the House.
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Support |
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2007 |
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HJM 7 |
Study Coal Surtax more
Summary: Almost every year, the Legislature considers measures that would affect the existing surtax on coal – usually supporting the elimination of the surtax. HJM 7 holds that the surtax is inequitable and flawed – appearing to tacitly support its repeal. In fact, eliminating the coal surtax would constitute a de facto $6.9 million subsidy to a thriving resource extraction industry.
Outcome: HJM 7 passed the House, but was defeated in the Senate.
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Oppose |
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2008 |
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HJM 8 |
Change Waste Allowed in WIPP Site more
Summary: HJM 8 urges the US Department of Energy to authorize greater-than-class C (GTCC) radioactive waste disposal at the Waste Isolation Pilot Plant (WIPP). If DOE were to authorize WIPP to accept higher-level radioactive waste, it would change the fundamental purpose of WIPP from limited nuclear weapons waste to commercial nuclear waste dump – opening the door for WIPP to replace Yucca Mountain as the disposal site for commercial nuclear waste.
Outcome: HJM 8 passed the House, but was defeated in the Senate.
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Oppose |
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2008 |
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HJM 29 |
Consider Clean Energy Legislation more
Summary: With abundant renewable energy resources, our state is poised for a boom in the clean energy industry. By simply urging Congress to take federal action on climate change and clean energy, HJM 29 sends a message that New Mexico will benefit from reducing greenhouse gas emissions, by creating clean energy jobs and reducing our dependence on foreign oil. Like many pieces of pro-conservation legislation, this measure should not have been controversial; unfortunately, it was.
Outcome: Passed the House and signed.
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Support |
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2010 |
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HJM 29 |
Enact Federal Public Lands & Education Act more
Summary: HJM 29 and SJM 21 support the enactment of the Federal Public Lands & Education Act in Congress. The Act is an anti-public lands bill urging the disposition of federally-owned land in the West. Although the stated intent is to help generate revenues for education, the sponsors and proponents of the federal legislation are strident opponents of public lands, not advocates on behalf of education.
Outcome: HJM 29 was defeated on the House floor, and SJM 21 was defeated in the Senate.
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Oppose |
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2008 |
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HJM 32 |
Enforce Off-Highway Motor Vehicle Act more
Summary: Irresponsible use of Off-Highway Vehicles (OHVs) poses major threats to wildlife and ecosystems, private property, and the safety of their riders. This joint memorial lacked any attempt at balancing the need for training youth on OHV safety with educating parents and children about the dangers of OHVs -- the mortality and injury rates among youth riders in particular. Of greater concern is that the memorial sought to shift resources from critical enforcement activities to training programs that are already widely offered.
Outcome: Defeated in the House.
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Oppose |
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2010 |
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HM 21 |
Preserve Prairie Chicken To Oppose Listing more
Summary: The federal Endangered Species Act (ESA) provides key protections for vulnerable, threatened, and endangered species, like the lesser prairie chicken. The Act also provides states with funding to assist with endangered species program implementation. While the goal of protecting the lesser prairie chicken without federal intervention is laudable, the language resolving opposition to federal listing of the species raises concerns. If the lesser prairie chicken is sufficiently protected through private and local actions, then the issue of federal listing becomes moot: no listing will be necessary. However, security of the species must be demonstrated first. Opposing federal listing before the species has adequate populations, habitat and protections to ensure long-term viability is woefully premature. Moreover, should resources be necessary to support regional and local protection efforts, that funding may best be secured through ESA listing.
Outcome: HM 21 passed the House (39-28). Memorials and resolutions do not require action by the Governor.
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Oppose |
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2013 |
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SB 195/a |
Sunshine Portal Transparency Act more
Summary: One of the most significant barriers to civic engagement is the inaccessibility of government information. SB195 requires the state to develop, operate and maintain a publicly-accessible internet database that contains extensive information on state government budgets, expenditures and other financial records.
Outcome: SB 195/a votes are House vote. Passed both chambers and signed by the Governor.
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Support |
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2010 |
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SB 200 |
Public Building Energy Efficiency Standards more
Summary: A tremendous opportunity exists to save both energy and money in a badly stressed economy by ensuring that public buildings are energy-efficient. SB200 requires efficient design and operation of public buildings through the EPA’s Energy Star Certification program. A 1-2% initial investment premium in new and retrofitted public buildings recovered in two years of energy savings, and generates a 10-fold return on investment over 20 years.
Outcome: Passed both chambers and signed by the Governor.
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Support |
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2010 |
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SB 220 |
Eliminate Coal Surtax more
Summary: SB220 would eliminate the surtax on coal, which would provide a de facto $6.9 million subsidy to a thriving resource extraction industry. CVNM opposes this legislation.
Outcome: Passed both chambers, but pocket-vetoed by the Governor.
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Oppose |
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2007 |
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SB 249 |
Westland Tax Increment Project Bonds more
Summary: SB249 authorizes a massive ($408 million) bond issue to provide infrastructure to a sprawl development on Albuquerque’s west mesa. The bond would be serviced by diverting gross receipts tax revenues that would otherwise accrue to the state. Not only are these types of “greenfield” Tax Increment for Development Districts (TIDDs) bad public policy from a land use and water planning perspective, but they also deprive the Legislative and Executive branches from any oversight or discretion over the diverted revenues for more than 25 years.
Outcome: Defeated in the House.
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Oppose |
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2009 |
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SB 249 (2) |
Westland Tax Increment Project Bonds more
Summary: In addition to the votes on SB249 (the bill itself), a second vote on SB249 in each chamber is included. In the Senate, the second vote is on a failed floor amendment offered by Sen. E. Griego that would have reduced the fiscal impacts of the measure – critically important at a time when state environmental agencies are facing severe budget cutbacks. The second vote in the House is on a failed procedural motion to reconsider the bill after the first vote failed.
Outcome:
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Oppose |
E |
2009 |
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SB 379 |
Off-Highway Vehicle Registration more
Summary: Recognizing the threats posed by irresponsible use of off-highway vehicles (OHVs) to private landowners and natural ecosystems, SB379 adds restrictions to the use of OHVs, adds penalty assessments for OHV violations, and makes the Department of Game & Fish responsible for the administration of the Act.
Outcome: Passed both chambers and signed into law.
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Support |
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2009 |
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SB 479 |
Adequate Subdivision Water Supplies more
Summary: SB 479 protects our limited water supplies from “double dipping”. Currently, large landowners and developers can sever water rights from a property and sell them off at high market values, while constructing major subdivisions that rely entirely on domestic wells for their water supplies. Because domestic wells don’t require a water right, it’s a legal ‘loophole’ that enables double-dipping.
Outcome: SB 479 passed the Senate (35-4) and passed the House (55-13) and was signed by the Governor on April 4, 2013.
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Support |
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2013 |
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SB 480 |
Subdivision Water Permits more
Summary: SB 480 strengthens State Engineer evaluation of water availability for new subdivisions by reducing the assessment threshold from 20 parcels or more to 10 parcels or more, where any one of these parcels is less than 2 acres in size. At the same time, the bill makes subdivision water permits from the State Engineer mandatory, and prevents the State Engineer from basing a permit on water supply from domestic wells, which cumulatively may impair senior water rights holders.
Outcome: SB 480 passed the Senate (30-10) and passed the House (41-25) and was signed the Governor on April 5, 2013.
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Support |
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2013 |
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SB 487 |
Abandoned Uranium Mine Reclamation Fees more
Summary: SB 487 creates the "abandoned uranium mine reclamation fund" through a fee on new uranium mining. The bill inappropriately ties cleanup of old mining sites to production from new uranium mines and mills, which many residents of impacted communities oppose. The fees would generate woefully insufficient revenues to address the problem, which could run into the billions of dollars. SB 487 is opposed by a broad array of environmental justice, Native American and conservation organizations.
Outcome: Passed both chambers, but VETOED by the Governor.
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Oppose |
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2008 |
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SB 489 |
Require Biodiesel in Motor Vehicle Fuel more
Summary: SB489 promote alternative vehicle fuels by requiring at least a 5% biodiesel component in diesel fuel by 2012.
Outcome: Passed both chambers and signed into law.
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Support |
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2007 |
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SB 540 |
Require Development Lease Notice & Bidding more
Summary: Along with its House companion (HB 606, sponsored by Rep. Steinborn), SB 540 is one of several bills that attempts to reform the policies and procedures of the State Land Of?ce to make them more objective and transparent. This measure requires the Land Commissioner to open up business leases of public land for real estate or development purposes to public notice and a competitive bidding process.
Outcome: Passed both chambers and signed.
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Support |
E |
2009 |
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SB 800 |
Campaign Reporting Requirements more
Summary: SB800 limits campaign contributions and requires reporting for independent expenditures.
Outcome: Defeated in the Senate on a vote to concur with House amendments. House members' votes are scored on the bill itself; Senators' votes are scored on the motion to concur with the House amendments.
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Support |
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2007 |
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SB 845 |
Above Ground Storage Tank Definition more
Summary: SB845 would exempt tanks used by crop-dusting and crop-spraying services from regulations under the Hazardous Waste Act that apply to above ground storage tanks.
Outcome: Passed both chambers, but pocket-vetoed by the Governor.
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Oppose |
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2007 |
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SJM 17 |
State Engineer Review of Water Exports more
Summary: SJM 17 recognizes the threat posed to the Estancia basin by proposed groundwater exports to other basins, and encourages the State Engineer to ensure that applications to export water from the Estancia basin are supported by proof of need and lack of alternatives.
Outcome: Passed both chambers and signed.
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Support |
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2008 |
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SJM 40 |
Study Off-Road Motorized Vehicle Use more
Summary: SJM 40 requests the appropriate state agencies to study and make recommendations for improved regulation of off-road vehicles in order to resolve user conflicts, prevent environmental damage and provide greater safety protections for users.
Outcome: Passed both chambers and signed.
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Support |
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2008 |
