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Flynn |
Confirmation of Ryan Flynn as Secretary of the Environment Department more
Summary: Since he joined the Environment Department, Flynn has shown a flagrant disregard for best practices, competent management, transparency and the rule of law. Among many other concerns: 1) Flynn allowed a giant mining company to ghost-write a new rule (and the arguments in support of it) on behalf of the Environment Department. Worse, the mining company was a client of Flynn’s law firm when he was in private practice; 2) Flynn hired a new general counsel for the Environment Department who graduated from law school less than 2 years ago—clearly lacking the experience or expertise to perform the duties required of the position; and 3) Flynn led the effort to re-assign agency experts and bureau chiefs from their areas of expertise to new roles for which they had little or no experience. For example, the long-time regulator of WIPP was reassigned to food safety, the long-time head of Air Quality was reassigned to Occupational Health & Safety, and the long-time surface water quality expert was reassigned to Underground Storage Tanks. It was a cynical move to undermine the effectiveness of NMED and drive down morale. Unfortunately, it worked.
Outcome: Ryan Flynn's confirmation as Secretary of the New Mexico Environment Department passed 30-11 on the Senate floor.
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Oppose |
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2014 |
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HB 2/a |
General Appropriation Act of 2010 more
Summary: When the main budget bill was being debated on the Senate floor, this amendment was proposed to slash the budgets for the Environment (ED) and Energy, Minerals and Natural Resources (EMNRD) Departments by almost $6 million. These agencies have already suffered cumulative budget cuts (by the Legislature) disproportionate to those of almost any other agency. With enforcement already seriously compromised, more cuts would further jeopardize public health and safety – something our communities can ill-afford.
Outcome: The scored vote is on the amendment, which failed.
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Oppose |
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2010 |
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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 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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SB 16 |
Underground Gas Storage Tank Compliance more
Summary: In order to maintain state primacy in the regulation of petroleum storage tanks, New Mexico’s laws must be at least as stringent as federal law. SB16 is a fix that amends state statute to be consistent with federal law, allowing us to access millions of dollars in federal stimulus money to clean up underground storage tanks that threaten water quality.
Outcome: Defeated in the House.
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Support |
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2009 |
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SB 23 |
Amendment to Uranium Hexafluoride Gross Receipts more
Summary: Although SB23 (and HB70) made minor technical changes to existing tax deductions, the deductions are so massive and unique that they warrant the highest degree of transparency and oversight. At the very minimum, these tax deductions worth tens of millions of dollars—to a single uranium enrichment company owned by European governments—should have been amended to include a sunset clause of, at most, 10 years.
Outcome: Although CVNM was neutral on the underlying bill, we urged Representatives and Senators to support a sunset clause amendment. The amendment failed to pass the Senate (16-25), and was not heard in the House.
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Support |
A |
2012 |
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SB 30 |
Carbon Pollution Amendment more
Summary: The product of extensive negotiations among diverse stakeholders during the recent interim, HB360 and SB30 represented a consensus set of reforms to New Mexico’s administrative procedures for rulemaking.
Outcome: HB360 died in the House Judiciary Committee. SB30 was tabled on the floor by the sponsor (Keller) after the Senate adopted an amendment that would have hamstrung the state’s ability to reduce carbon pollution.
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Oppose |
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2011 |
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SB 61 |
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. HB81 (and its companion SB61) 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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SB 115 |
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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SB 147 |
Publish Legal Notices on Websites more
Summary: Sometimes the only way that members of the public learn about proposed hearings in their community is through the notices that appear in the legal section of their community newspaper. SB147 would have changed the requirements to allow these important notices to be posted online on a central website instead. Although this would have been helpful as an additional notice requirement, the public is unlikely to check the website on a regular basis (not to mention the percentage of New Mexicans without access to the internet). Effectively, SB147 negated public notice requirements of hearings – a major disservice to New Mexicans.
Outcome: SB147 died in the Senate Judiciary Committee.
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Oppose |
E |
2011 |
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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 195 |
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 votes are Senate votes. 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 206 |
Water Quality Act Rulemaking Limits more
Summary: SB206 would put a stranglehold on water quality regulations, preventing agencies from meeting their responsibilities to protect public health, safety, and welfare. The bill prohibits the state from imposing conditions on discharge permits under the Water Quality Act. The result may be that permits will be issued without the necessary conditions to protect human and environmental health. Alternately, permits will simply be denied because the agency can't tailor the approval to reflect site or project-specific conditions.
Outcome: After negotiations, the bill was amended in the House Energy and Natural Resources Committee to the point that CVNM withdrew our opposition, but the votes scored re?ect the original, anti-conservation version. PASSED both chambers and signed into law.
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Oppose |
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2009 |
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SB 237 |
Colleges in Energy Efficiency & Bonding Act more
Summary: SB237 amends the Energy Efficiency and Renewable Energy Bonding Act to allow post-secondary institutions to access resources for efficiency and renewable projects, and service the debt by dedicating 90% of their utility bill savings.
Outcome: SB237 passed both the Senate (30-3) and the House (66-0), but was pocket vetoed by the Governor.
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Support |
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2011 |
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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 |
A |
2009 |
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SB 273 |
Transportation Public-Private Partnerships more
Summary: SB 273 was a sweeping measure to privatize transportation facilities that are most appropriately developed and maintained by 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. Among many concerns with this legislation was that it would exempt such transportation projects from the state procurement code, and allow government to exercise the power of eminent domain for use by private partners.
Outcome: SB 273 died in the Senate Judiciary Committee.
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Oppose |
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2013 |
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SB 283 |
Economic Development Utility Rates more
Summary: SB 283 (and its companion HB 296) 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. SB 283 and HB 296 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: SB 283 died on the Senate calendar. HB 296 passed the House (47-17) and was defeated in the Senate Judiciary Committee.
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Oppose |
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2014 |
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SB 315 |
City or County Comprehensive Plans more
Summary: New Mexico counties and municipalities lag behind their counterparts around the country in utilizing comprehensive plans to accomplish the long-term goals of their community. SB 315 provides local governments with some structure for the comprehensive planning process, and clarifies the role of a Planning Commission in crafting, approving and implementing the plan.
Outcome: SB 315 passed the Senate (32-9) and passed the House (67-0) but was pocket vetoed by the Governor.
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Support |
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2013 |
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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 |
A |
2009 |
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SB 391 |
Landowner Takings of Certain Animals more
Summary: Under current law, landowners can kill any wildlife if they pose an immediate threat to life, property, or crops. SB391 would restrict this authority to predators, including bears, cougars, and bobcats, and require that the Dept. of Game & Fish provide assistance to landowners to prevent or remedy property damage or physical harm resulting from predators or other wildlife.
Outcome: The scored vote is on the amendment, which failed. The bill was Defeated in the House.
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Oppose |
A |
2009 |
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SB 394 |
Conserved Water Put to Beneficial Use more
Summary: SB394 would have merged two existing water conservation incentives to allow water rights holders to ‘double-dip’. Under current law, water rights owners can choose between two incentives for conserving water: putting the water to beneficial use (including selling or leasing it) or receiving a tax credit for the conserved water. This bill would have allowed owners to put conserved water to beneficial use while still collecting the tax credit, which essentially meant that taxpayers would have been paying an individual to reallocate water instead of conserving it.
Outcome: SB394 died on the Senate floor (19-20).
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Oppose |
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2011 |
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SB 420 |
Severance Tax Investment in Green Industries more
Summary: SB420 promotes state investment in New Mexico’s green industries by authorizing the State Investment Council to invest up to 6% of the market value of the Severance Tax Permanent Fund in qualifying companies.
Outcome: Defeated in the House.
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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 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 |
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2009 |
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SB 548 |
New Emission Standards to Take Effect in 2015 more
Summary: SB548 (and its companion HB340) 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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SB 607 |
Water Quality Control Commission Members more
Summary: Dramatically altering the composition of the Water Quality Control Commission (WQCC), SB607 reduces the membership of the commission from 14 to 5, and makes it entirely a public board. Currently, Secretaries (or their designees) of relevant agencies serve on the WQCC alongside public members. Eliminating these positions, while not requiring any qualifications of the public members, creates a political body ill-equipped to address the highly technical issues for which the WQCC is responsible.
Outcome: Defeated in the House.
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Oppose |
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2009 |
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SB 732 |
License Application Time Frame Rules more
Summary: Introduced as a “dummy bill”, SB 732 requires that all state entities promulgate rules on time frames for the majority of their operations. This sweeping measure, if enacted, would have brought New Mexico government to a standstill, putting regulatory protections of public health and safety at risk.
Outcome: Defeated in the House.
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Oppose |
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2009 |
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SM 3 |
Opposition to Citizens United Ruling more
Summary: This memorial (and its companion HM4) express deep concern over the Supreme Court ruling in Citizens United v. FEC, and the inevitable flood of corporate money into elections—which is almost certain to drown out the voices of individual citizens. SM3 and HM4 urge Congress to propose a constitutional amendment that would effectively overturn the ruling.
Outcome: SM3 passed the Senate (20-9), and HM4 passed the House (38-29). Memorials and resolutions do not require action by the Governor.
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Support |
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2012 |
