As we move into the legislative session in New Mexico NMEPR-IPL will be following a handful of initiatives. In working with these concerns we offer the voice of faith from an ethical and justice perspective rooted in the basic foundation of all religious traditions—to Love and care for neighbor and sacred creation.
2022
1. Governor’s Climate Energy Bill: Gov. Michelle Lujan Grisham and agencies have put forth a climate energy bill which required comments on by Jan. 18. We have signed an analysis addressing some difficulties with this bill, including environmental justice. These will be submitted today, as well as note that I will be sending just in our name.
2. Hydrogen: Several hydrogen bills are controversial because it is not proven that this technology can be clean, it will create more health problems and burdens for frontline communities, etc. We have been part of drafting comments that will be put in the form of a memorial to address the issues within a coalition of groups, including frontline communities.
3. The Green Amendment. We continue to work with you on the Green Amerndment and IPL has gotten these groups supporting this effort–our board member Terry Sloan is on the board of the Green Amendment. This piece has information on the bill, which has been prefiled, and includes a list of sponsors. Here is how you can take action.
The following organizations support the Green Amendment:
NM & El Paso Region Interfaith Power and Light
NM Conference of Churches
SW Conference United Church of Christ
Office of Justice, Peace, and Creation, Catholic Charities, Gallup Diocese
First Unitarian Earth Web, ABQ
4. Low Income Energy Efficiency Act- now called Community Energy Efficiency Block Grant Act being shepherded by Rep Ortez HB 73 is a way to address climate, and energy justice for lower income households. IPL has gotten these groups to support this important effort. (please let me know if I have missed you.)
NM & El Paso Region Interfaith Power and Light New Mexico Conference of Churches Southwest Conference United Church of Christ Office of Justice, Peace, and Creation, Catholic Charities, Gallup Diocese First Unitarian Earth Web, ABQ ABQ La Mesa Presbyterian,ABQ ABQ ReNew Mexico ABQ Green Team Congregation Albert, ABQ ABQ Albuquerque Bahai Community Assumption Sisters, Chaparral NM First Congregational Church, ABQ Holy Cross Retreat Center, Mesilla
Other areas include budgets that affect water and oversight of pollution and energy sectors. We will be inviting you to action throughout the month.Several informational pieces attached.
2021
This year growing concern for our climate, the pandemic, the urban rural divide and racial and economic justice have influenced some of the initiatives that will be followed. We invite your engagement in the 60 day session as you can and will try to keep you updated.
Because of the ongoing COVID-19 pandemic, much of the session will be remote, which creates challenges for citizens to communicate with their elected officials. Still, we move forward with the environmental initiatives
Many important initiatives have been introduced or will be introduced in either the Senate or the State House of Representatives or both.
Much information on bills, committees, hearing times and webcast link can be found at nmlegis.gov site. You can contact legislators via e-mail, call, and text. Write very short comments that are to the point or just Support bill XXX and your name, organization (if you choose).
If you want to speak on a bill the system is different in each house and has changed throughout the session.It is best to go to the page of the committee hearing the bill. You will find instructions on how to get into a hearing. For the House there will be a zoom link, in many committees you will be invited to raise your hand in support or against a bill and if you want to offer a short 30 second comment you can raise your hand. The Senate is different, and normally you need to register to speak via an e-mail on a PDF page noted on the committee site. Usually the deadline for this is 5 pm the day before.
Increase Resources to Environment that care for creation and community health
Finance
This is not a bill that occurs in the budget process in Legislative Finance (Please contact House appropriations and Senate Finance, various members and especially your legislators if on comms.
Add money to NMED, EMNRD, Outdoor Recreation budgets in part to increase inspectors, enforcement and transparency, IT, etc. The budget has been slashed dramatically. Finance proposed approximately This is a budget issue and in the Legislative Finance Committee. Governors proposed budget in General Fund would be for a 28% increase for NMED over last year, the LFC has proposed no increase so budget remains at $13.2 million. Check nmipl website for fact sheet.
SB 8: Local Government Air-Quality Regulations (stringency)
Senator Peter Wirth.
Senate Conservation (passed): Senate Judiciary (passed):
Senate Finance
Strengthen language in NM Air Quality Act and Hazardous Waste Act. Would remove language from Air Quality Act and Hazardous Waste Act that forbids the state from creating more restrictive regulations governing water and air quality than included in Federal regulations. This affects community health and disproportionately in low-income and people of color areas with oil and gas, nuclear fuel chain, etc. (Bill introduced several times in past)
HB 50 “Private Right of Action”
House Energy, Environment & Natural Resources Committee (HENRC)
Passed House Judiciary Committee
Allow individuals—not just the state—to sue polluters for environmental violations. Very important for citizen rights to address pollution and violations that have gone unaddressed.
SJR3 Environmental Rights,CA(Green Amendment)
Sen Sedillo Lopez, Soules, Stewart, Rep. Ferrary
Senate Rules (Passed), Senate Judiciary
Resolution will ask voters to create a NM State constitutional amendment giving all New Mexicans a constitutional right to clean air, water, and land. These rights would become inherent, inalienable, and indefeasible, and among those rights reserved to all the people and on par with other protected inalienable rights. Currently the legislative body is to protect these elements. Information on NM IPL website. Here is a podcast https://santafe.com/podcast/richard-eeds-show-january-28-2021-3/
SB 84 Community Solar Act
Senator Stefanics, Lopez, Ferrary and others:
Senate Conservation (Passed): Senate Tax, Business and Transportation
HB 106
Rep Roybal Caballero:
Energy Natural Resource: House Judiciary
Bill is the result of a Task Force led by Chair Stefanics to advance Community Solar in the state, Community solar refers to local solar arrays/fields/gardens shared by individual community members who receive credits on their electricity bills for their portion of the power produced. The Act authorizes development of Community Solar Facilities by cities, counties, pueblos, tribes, and solar developers, as well as NGOs supporting low and moderate income individuals. Introduced 3 previous years.
SB86 Use of Water in Oil and Gas Operations:
Senators Sedillo Lopez, Stefanics
Senate Conservation Committee (Passed):
Senate Judiciary unanimously TABLED
This bill would protect water in oil and gas industry. Would require more use of fracked water, prohibit using millions of gallons of freshwater for fracking.
*For every barrel of oil produced, the oil and gas industry consumes an average of 3 barrels of freshwater, and produces 4-7 times as much toxic fracking waste known as “produced water.”
*Currently, produced water is poisoning our land, water, and air with little regulation or oversight. Despite being hazardous, toxic, and radioactive, produced water is not managed as the hazardous waste it is, and the 2019 Produced Water Act fails to provide New Mexicans necessary protections from this waste stream.
*Negligent spills occur daily and continue to increase. Thousands of massive ponds and corroded steel tanks store the toxic fracking waste. Corrosion, human error, overflow, and equipment failure are the most common reasons for spills. The Produced Water Act must be amended to fulfill the legislature’s intent of protecting public health, the environment, and freshwater.
Amend the Produced Water Act to Protect New Mexicans
Proposed amendments to the 2019 Produced Water Act ensure the safe handling and disposal of this toxic waste, to protect public health, and to preserve scarce freshwater by:
*Require the Oil Conservation Division to regulate safe management and disposal of oil and gas waste.
*Require oil and gas operators to use produced water instead of freshwater as much as possible in fracking.
*Provide penalties for spills, using fines to develop shared public information and data.
*Require the New Mexico Environment Department to regulate pollution from produced water and to track produced water.
SB 103 Restricting Use of Neonicotinoid Pesticides:
Senator Mimi Stewart
Senate Conservation Committee (Passed): Senate Tax, Business and Transportation
“Relating to the environment; restricting the use of neonicotinoid class pesticides; providing exceptions; requiring an education and training program; amending and enacting sections of the pesticide control act.”
Neonicotinoids are highly toxic to bees, and even low levels can have subtle yet severe impacts such as making them more susceptible to disease, delaying development, impairing their ability to collect food and limiting reproduction.
Neonicotinoids put bees in direct risk of exposure as they contaminate the pollen and nectar of bee attractive plants.
HB9 – CLIMATE SOLUTIONS & RESILIENCE ACT:
Reps. Angelica Rubio and Melanie Stansbury, Speaker Brian Egolf, and Sens. Mimi Stewart, Benny Shendo and Carrie Hamblen.
House Energy, Environment and Natural Resources-(Passed) ; State Gov’t, Elections & Indian Affairs—Friday, Feb. 19, 8 am
The Climate Solutions Act (HB 9) establishes nation-leading carbon pollution-reduction targets to benefit current and future generations while ensuring that all New Mexicans will benefit from the increased jobs provided in a green economy. Large and comprehensive bill. The bill puts into law the goals of Gov. Lujan Grisham’s 2019 Climate Executive Order and sets enforceable limits on greenhouse gases. It also implements just-transition policies that prioritize historically underserved communities.
HB 206 Utility Affordability and Relief Act
Andrea Romero, sponsor
House Consumer Affairs-passed: Energy Minerals and Natural Resources
“Relating to energy; creating a COVID-19 arrears partial forgiveness program; prohibiting disconnections of utility customers enrolled in the program; mandating utility reporting of customer disconnections, arrears, and households without service; requiring utilities to submit reports on the opportunities for ensuring that energy rates are affordable to all low-income households by 2040; clarifying provisions prohibiting discrimination in utility rates to authorize preferences for low-income customers; enacting the community energy efficiency development block grant act; creating a grant program to implement energy efficiency measures in low-income households; providing power and duties; creating a fund. “
Vital bill—as of November 2020, over 57,000 families would be eligible for disconnection from electricity today if not for a PRC disconnection moratorium. Over 27,000 families are eligible for disconnection from natural gas service. These families owe between $244 and $1000 in average arrears. The over 43,000 families eligible for disconnection in PNM’s service territory owe an average of $402. Those large amounts will be difficult to pay back (in addition to current utility bills) for people unemployed or working reduced hours.
*Addresses looming “disconnection crisis” after public health emergency ends: PRC moratorium ends.
*Prohibits disconnections for utility arrears of low-income or otherwise needy customers, and would first direct utilities to seek any available federal funds
*Requires utilities to offer 24 month payment plans, and would offer a “partial forgiveness” credit for each payment made by people enrolled in payment plans. Upon completion of a payment plan, 50% of a customer’s arrears would be forgiven.
*The partial arrears forgiveness program would be complemented by provisions:
–Ensuring that all people enrolled in the program qualify for utility low-income efficiency measures
—Requires utility reporting on disconnections, arrears, households without electricity (not currently required)
—Requiring utilities to develop reports on what it would take to provide 100% cost-effective energy efficiency to all low-income households
—Establishing a Community Energy Efficiency Development Block Grant program that could be a venue for future federal stimulus (from the Governor’s call last year)
HB207 The Food, Hunger and Farm Act of 2021:
Rep Stansbury and Rep Ferrary
Ag and Water Resources Committee—Thurs. Feb. 18, 8:30 AM
Provide public comment: https://us02web.zoom.us/j/82072641109
Watch the hearing (viewing only): http://sg001-harmony.sliq.net/00293/harmony
Focuses on 1) improving local food systems and resilient agriculture, 2) strengthening food and water relief and recovery, and 3) addressing root causes of food insecurity. It will direct NMSU to create a roadmap for modernizing the food system including agricultural production, distribution, and the value chain infrastructure. It will maintain and expand investments in the agricultural and food infrastructure including support for operations and creation of data and information sharing systems for essential, real-time information about food hubs, cold storage, and transportation networks.
HB 231 Native American Polling Place Protection:
Rep Georgene Louis
HSEIC (State Gov’t, Elections & Indian Affairs) passed, House Judiciary
Rules governing voter convenience centers; making sure that all tribes/nations/pueblos have a voting center within their boundaries so they have access to voting.
Budget Related
On the budget front, we support an increase in funding for environmental protection, inspection, enforcement and transparency via increased funding to he New Mexico Energy, Minerals and Natural Resources Department (EMNRD) and Oil Conservation Division.
NM-IPL is also strongly behind the creation of a Green Amendment to the New Mexico State Constitution, which would give all residents of the state a right to clean air, water, and land. In the Senate, the three main sponsors are Sens. Antoinette Sedillo Lopez, Bill Soules and Mimi Stewart. The House sponsor is Rep. Joanne Ferrary.
NM-IPL also supports a measure introduced by Senate Majority Leader Peter Wirth to strengthen language in the Air Quality Act and the Hazardous Waste Act. Under the measure, the state would be allowed to enact regulations to create protections than those found in federal law.
We are strongly behind the most recent attempt to enact The Community Solar Act. The act authorizes cities, counties, pueblos, tribes, and solar developers, as well as NGOs supporting low and moderate income individuals, to develop community solar facilities using solar credits provided to individual community members. The measure, HB106, is sponsored by Rep. Patricia Roybal Caballero, Sen. Liz Stefanics and Sen. Linda Lopez.
NM-IPL also supports amendments to the Produced Water Act to ensure the safe handling and disposal of toxic waste, to protect public health, and to preserve scarce freshwater. The measure, filed by Sen. Antoinette Sedillo Lopez, would require oil and gas operators to use produced water instead of freshwater for fracking and provide penalties for spills, using fines to develop shared public information and data. Additionally, the measure requires two state agencies to take additional steps to protect the public. The New Mexico Environment Department would be required to regulate pollution from produced water and the Oil Conservation Division would need to regulate the safe management and disposal of oil and gas waste.
A couple of other initiatives are in the works in the House, including the Just Transition measure proposed by Rep. Angelica Rubio. The measure, which could merge with the Climate Resiliency Bill carried by Rep. Melanie Stansbury, calls for a study on how to transition from an economy and a state budget that is reliant on gas and oil revenues to one that is sustainable.
Another proposed initiative would offer energy assistance to families affected in a significant manner by the COVID-19 crisis. The COVID-19 Crisis Energy Burden and Affordability Relief Act creates protections after the public health emergency is over. Disconnections would be prohibited on low-income and otherwise needed customers who are in utility arrears. Utilities would be directed to seek available federal funds, create payment plans and defer some payments.
Other measures worth watching are a proposal to restrict on the use of neonicotinoid class pesticides, which are highly toxic to bees, which are key to food production
Another important measure is the Food and Agriculture Omnibus bill, which has the goal of addressing food insecureity in our state in a comprehensive and long-term manner. The initiative brings together proposals 0put forth by broad range of participants, including nutrition, agriculture, nutrition, anti-poverty advocates, government representatives and others working together to reduce hunger in our state while supporting the needs of small farmers and rural communities.