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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 |
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2013 |
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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 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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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 94 |
Industrial Hemp Farming Act more
Summary: Industrial hemp is an incredibly versatile, fast-growing and drought-resistant agricultural product that requires virtually no pesticides or herbicides. It can be used to produce paper, textiles, plastics, fuel and food products, and has proven very profitable for farmers in other countries. This bill would provide for licensing of the growing, selling and processing of industrial hemp in New Mexico.
Outcome: SB 94 passed the Senate (33-8) and passed the House (54-12) but was vetoed by the Governor on April 10, 2015.
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Support |
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2015 |
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SB 391 |
Extend Solar Market Development Tax Credit more
Summary: SB 391 would extend the existing 10% tax credit for the installation of commercial, residential and agricultural solar systems, which is set to expire December 31, 2016. This 10% tax credit has helped many New Mexicans invest in solar energy for their homes, businesses and farms, improving the environment and public health by reducing the demand for coal-fired electricity.
Outcome: SB 391 passed the Senate (37-5) and passed the House (39-24) but was pocket vetoed by the Governor.
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Support |
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2015 |
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SB 76 |
Lead in Sale of Recycled Metals Act more
Summary: SB 76 adds lead and lead-based products (such as lead-acid batteries) to the products regulated by the Recycled Metals Act. It helps to ensure that lead is disposed of in a way that minimizes its environmental impact.
Outcome: SB 76 passed the Senate (41-0) and the House (59-0). The bill was signed by the Governor on March 4, 2016.
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Support |
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2016 |
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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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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 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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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 87 |
Water Quality Control Commission Meetings more
Summary: HB 87 would have provided the Water Quality Control Commission with overly broad authority to decide the location of public hearings that they conduct. This would create the possibility for hearings to be conducted in a location that makes attendance difficult or impossible for communities most affected by proposed regulations or water quality standards. There is no provision in this bill to ensure that hearings regarding regulations or water quality standards are held in an area that is substantially affected by the regulation or standard.
Outcome: HB 87 passed the House (43-21) and died in the Senate Judiciary Committee.
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Oppose |
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2015 |
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HB 291 |
NM Federal Land Management Study Commission more
Summary: HB 291 (and its companion SB 483) would have created a 17-member commission to study the possibility of transferring federal public lands to state control. Such a study would be a waste of time and resources since any such land transfers are unconstitutional. Under the U.S. Constitution, the federal government has the authority and responsibility of managing all federal public lands. HB 291 and SB 483 attempted to violate the Constitution by promoting the transfer of federal public lands to state control.
Outcome: HB 291 died in the House Judiciary Committee. SB 483 died in the Senate Conservation Committee.
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Oppose |
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2015 |
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HB 299 |
Public-Private Partnership Act more
Summary: HB 299 was a sweeping measure that would privatize public entities that are most appropriately developed and maintained by public entities such as water and sewage systems. Experiences by other governments in privatizing public services (e.g. transportation, water treatment, education, public safety) have rarely been successful, usually resulting in higher costs, lower quality and expensive legal battles in the long-term.
Outcome: HB 299 passed the House (38-27) and died in the Senate Judiciary Committee.
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Oppose |
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2015 |
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HB 340 |
Change Certain Voter ID Requirements more
Summary: HB 340 would have likely disenfranchised voters, especially minority and elderly voters who are often most disproportionately impacted by the effects of pollution and environmental injustice, by requiring a photo ID issued by a government, federal agency, recognized tribe or educational institution.
Outcome: HB 340 passed the House (37-29) and died in the Senate Rules Committee.
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Oppose |
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2015 |
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HB 366 |
Oil & Gas State Preemption more
Summary: Counties and municipalities have the power to adopt local ordinances that best suit community needs and interests. To date, some communities have passed ordinances restricting certain aspects of oil and gas production in response to concerns of water contamination and health risks. HB 366 would have invalidated any county and municipality ordinance relating to oil and gas law, including zoning ordinances--removing the critical flexibility that communities need to protect the public interest on a local scale.
Outcome: HB 366 passed the House (37-28) and died in the Senate Conservation Committee.
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Oppose |
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2015 |
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HB 445 |
Reduce Renewable Portfolio Standards more
Summary: The Renewable Portfolio Standard (RPS) prompts utilities to diversify their energy production by investing in renewable energy sources like wind and solar, and holds them accountable to meet modest thresholds. HB 445 sought to weaken the state’s RPS by removing the requirement that utilities produce 20% of their energy from renewable sources by the year 2020.
Outcome: HB 445 passed the House (33-32) and died in the Senate Conservation Committee.
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Oppose |
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2015 |
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HB 468 |
State Sovereignty Over State Trust Wildlife more
Summary: HB 468 attempted to unconstitutionally remove the federal government’s ability to protect the Lesser Prairie Chicken under the Endangered Species Act or any other treaty or regulation, while establishing “state sovereignty” over the existence and management of the Lesser Prairie Chicken within New Mexico. The state does not have the constitutional right to undermine federal authority under the Endangered Species Act.
Outcome: HB 468 died in the House Judiciary Committee.
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Oppose |
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2015 |
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HB 564 |
Right to Farm and Operations as a Nuisance more
Summary: HB 564 would have weakened a citizen’s right to legally respond when they have been impacted by the effects of pollution caused by agricultural operations.
Outcome: HB 564 passed the House (35-29) and died in the Senate Judiciary Committee.
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Oppose |
E |
2015 |
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HM 74 |
Protect State Land from Chicken Listing more
Summary: The federal Endangered Species Act (ESA) provides key protections for vulnerable, threatened and endangered species, like the Lesser Prairie Chicken. The ESA 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 that all actions necessary be taken to shield public lands from ESA protections resulting from 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 74 passed the House (31-22). Memorials and resolutions do not require action by the Governor.
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Oppose |
E |
2015 |
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HB 111 |
Crop Dusting Tanks as Above Ground Storage more
Summary: HB 111 would have exempted above ground tanks used to store airplane fuel from environmental protection laws as long as the size of each tank was less than 10,000 gallons. Regardless of size, above ground tanks pose a risk of leaks and spills that could endanger public health and safety. Nothing in the bill suggested any justification for completely exempting these tanks from state laws; it would have removed common sense environmental protections.
Outcome: HB 111 died in the Senate Judiciary Committee.
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Oppose |
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2016 |
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HB 285 |
Tax RateDifferential For Certain Oil more
Summary: HB 285 (and its companion SB 34) would have extended a reduction in the severance tax to oil and other liquid hydrocarbons removed from natural gas at or near the wellhead produced from a qualified enhanced recovery project that involved the application of anthropogenic carbon dioxide. Anthropogenic carbon dioxide is carbon dioxide that is produced by human activities such as oil refining. This bill would have subsidized an extremely expensive oil and gas method at the expense of other taxpayer priorities.
Outcome: HB 285 passed the House (59-7) but died in the Senate Finance Committee. SB 34 died in the Senate Finance Committee.
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Oppose |
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2016 |
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HJR 8 |
Appointment of PRC Members, CA more
Summary: HJR 8 called for a constitutional amendment to replace the five-member elected Public Regulation Commission (PRC) with a five-member commission appointed by the Governor. It was combined with a portion of HJR 18, which stated that applicants to the PRC are chosen first by the Legislative Council to form a pool of 15, from which the Governor would make a final selection. This may have had the effect of making the PRC overly subject to political manipulation.
Outcome: HJR 8 was defeated in the House Judiciary Committee (8-3).
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Oppose |
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2016 |
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HJR 9 |
Convention of States more
Summary: HJR 9 applied for a convention of states under Article V of the United States Constitution. It sought to amend the Constitution of the United States to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for Members of Congress. By limiting the power and jurisdiction of the federal government, one possibility was that the state may have revoked the jurisdiction of the federal government over public lands, and thus gained control to manage, develop or sell public lands.
Outcome: HJR 9 passed the House (36-27), but died in the Senate Judiciary Committee.
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Oppose |
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2016 |
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HM 40 |
Eddy-Lea Energy Alliance Storage Facility more
Summary: HM 40 (and its companion SM 34) authorizes the Eddy-Lea Energy Alliance to construct a consolidated interim storage facility at its site in southeastern New Mexico for the storage of spent nuclear fuel rods from commercial (for-profit) nuclear power generation plants. This facility will pose significant risks to public health and safety both at the site of the facility and during transport of the spent fuel to the facility.
Outcome: HM 40 passed the House (50-17). SM 34 passed the Senate (27-10). Memorials and resolutions do not require action by the Governor.
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Oppose |
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2016 |
Land