Wednesday, March 3, 2021

One of our priority bills, SB 8, the Stringency Bill, is scheduled to be heard as the 2nd item this afternoon in Senate Finance.

We are not sure what time Senate Finance will be meeting, only that they will probably convene half an hour after the Senate Floor session ends.

More info on the bill: SB 8, “Local Gov’t. Air Quality Regulations,” is sponsored by Senate Majority Leader Sen. Peter Wirth and would remove the clauses in the Air Quality Control Act and the Hazardous Waste Act that bar the Environmental Improvement Board, local governments and the NM Environment Department from adopting regulations that are “More Stringent Than” federal regulations.This legislation would make it easier for the Environment Department to regulate ozone precursors (VOCs and NOx) from oil and gas production. Reducing VOC and NOx emissions effectively reduces methane emissions, and combats climate change. 

Here is a link to our Fact Sheet on SB 8: https://nmelc.org/wp-content/uploads/2021/02/SB-8-Factsheet.pdf

Take Action: Please call or email members of the Senate Finance Committee and urge them to vote Do Pass on SB 8 so that the state can adopt regulations more stringent than federal regulations in order to prevent environmental contamination and to hold polluters accountable.

Senate Finance Committee

• George Munoz (D), Chair, 505-397-8836, george.munoz@nmlegis.gov

• Nancy Rodriguez (D), Vice Chair, 505-397-8844, nancy.rodriguez@nmlegis.gov

• William E. Sharer (R), Ranking Member, 505-986-4381, bill@williamsharer.com

• William F. Burt (R), 505-986-4366, bill.burt@nmlegis.gov

• Pete Campos (D), 505-397-8818, pete.campos@nmlegis.gov

• Jacob Candelaria (D), 505-397-8819, jacob.candelaria@nmlegis.gov

• Crystal R. Diamond (R), 505-986-4703, crystal.diamond@nmlegis.gov

• Roberto “Bobby” Gonzales (D), 505-397-8825, Roberto.gonzales@nmlegis.gov

• Siah Correa Hemphill (D), 505-397-8821, siah.hemphill@nmlegis.gov

• Jeff Steinborn (D), 505-397-8852, jeff.steinborn@nmlegis.gov

• Pat Woods (R), 986-4393, pat.woods@nmlegis.gov

We are hoping that our other priority bills, HB 50 “Private Right of Action,” and SB 296 “Increase Penalties for Enviro Violations,” will be scheduled soon in House Judiciary and Senate Judiciary respectively.

HB 9, “Climate Solutions Act,” has stalled; meanwhile we are supporting SB 112 “Sustainable Economy Task Force” (being discussed right now on the Senate floor) and HB 297 “Workforce & Economic Prosperity Act” (which passed House Labor, Veterans and Military Affairs yesterday and now heads to the floor) which contain Just Transition aspects of HB 9.

One of our priority bills, SB 8, the Stringency Bill, is scheduled to be heard in the Senate Finance Committee (SFC) this afternoon at 1:30pm. It is item #11. 

More info on the bill: SB 8, “Local Gov’t. Air Quality Regulations,” is sponsored by Senate Majority Leader Sen. Peter Wirth and would remove the clauses in the Air Quality Control Act and the Hazardous Waste Act that bar the Environmental Improvement Board, local governments and the NM Environment Department from adopting regulations that are “More Stringent Than” federal regulations.This legislation would make it easier for the Environment Department to regulate ozone precursors (VOCs and NOx) from oil and gas production. Reducing VOC and NOx emissions effectively reduces methane emissions, and combats climate change. 

Here is a link to our Fact Sheet on SB 8: https://nmelc.org/wp-content/uploads/2021/02/SB-8-Factsheet.pdf

Take Action: Please call or email members of the Senate Finance Committee and urge them to vote Do Pass.

Senate Finance Committee

• George Munoz (D), Chair, 505-397-8836, senatormunoz@gmail.com

• Nancy Rodriguez (D), Vice Chair, 505-397-8844, nancy.rodriguez@nmlegis.gov

• William E. Sharer (R), Ranking Member, 505-986-4381, bill@williamsharer.com

• William F. Burt (R), 505-986-4366, bill.burt@nmlegis.gov

• Pete Campos (D), 505-397-8818, pete.campos@nmlegis.gov

• Jacob Candelaria (D), 505-397-8819, jacob.candelaria@nmlegis.gov

• Crystal R. Diamond (R), 505-986-4703, crystal.diamond@nmlegis.gov

• Roberto “Bobby” Gonzales (D), 505-397-8825, Roberto.gonzales@nmlegis.gov

• Siah Correa Hemphill (D), 505-397-8821, siah.hemphill@nmlegis.gov

• Jeff Steinborn (D), 505-397-8852, jeff.steinborn@nmlegis.gov

• Pat Woods (R), 986-4393, pat.woods@nmlegis.gov

Another of our priority bills, HB 50, Private Right of Action, sponsored by Rep. Georgene Louis, has not yet been scheduled in the House Judiciary Committee. 

More info: HB 50 would allow individuals, rather than just the state, to sue polluters for environmental violations.

Fact Sheet on HB 50: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Factsheet.pdf

Mythbusters on HB 50: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Myth-Busters.pdf

Take Action: Please call or email members of the House Judiciary Committee and urge them to vote Do Pass, and ask the chair, Rep. Gail Chasey, to schedule the bill. 

House Judiciary Committee

• Gail Chasey (D), Chair, 505-986-4411, gail@gailchasey.com

• Micaela Lara Cadena (D), Vice Chair, 505-986-4210, micaela.cadena@nmlegis.gov

• Eliseo Lee Alcon (D), 505-986-4416, eliseo.alcon@nmlegis.gov

• Deborah A. Armstrong (D), 505-986-4344, deborah.armstrong@nmlegis.gov

• Zachary J. Cook (R), 505-986-4221, Zachary.cook@nmlegis.gov

• Brian Egolf, 505-986-4782, brian.egolf@nmlegis.gov

• Daymon Ely (D), 505-986-4432, daymon.ely@nmlegis.gov

• Georgene Louis (D), 505-986-4346, georgene.louis@nmlegis.gov

• Matthew McQueen (D), 505-986-4423, matthew.mcqueen@nmlegis.gov

• Greg Nibert (R), 505-986-4211, greg.nibert@nmlegis.gov

• Bill R. Rehm (R), 505-986-4214, bill.rehm@nmlegis.gov

• James G. Townsend (R), 505-986-4758, townsend@pvtn.net

Two other bills we are supporting are expected to come up for a vote today and tomorrow, and as HB 9 Climate Solutions Act, is stalled right now, our allies are recommending that we continue supporting SB 112 and HB 297 which achieve some of the same goals:

SB112, Senator Mimi Stewart’s bill for a “Sustainable Economy Task Force” is scheduled for a vote as agenda item #9 on the NM Senate Floor today, Monday, March 1st. The Senate convenes at 11am.

Take Action: Please call or email your Senators urging them to pass this bill. You can look them up here: https://www.nmlegis.gov/Members/Find_My_Legislator

More Info: (from 350 New Mexico):

We hear so much about the need to diversify our economy away from dependence on fossil fuels. That’s exactly what this bill requires. 

• SB112 creates the Sustainable Economy Task Force from eight cabinet departments and state agencies, to create and implement a strategic plan for a sustainable economy.

• It requires stakeholder consultation with affected communities and for those plans to include investment in economic and infrastructure development.

• The goals include adding sustainable jobs to replace both the direct jobs and the state general fund tax revenue that will decline as NM moves towards an economy not based on natural resource extraction.

• It would determine how to replace the state’s funding source for education and hospitals, actions to bolster the state’s long-term economic growth and recommend any required tax increases.

• The task force would survey recommendations from economic studies and development efforts from NM universities, the labs, state agencies, economic incubators, etc.

• It requires a report to the Legislature each year from FY2022 to FY2027, documenting the plan and progress toward achieving the goals.

And finally, HB 297, Workforce & Economic Prosperity Act, sponsored by Reps. Angélica Rubio and Melanie Stansbury, is scheduled to be heard in the House Labor, Veterans & Military Affairs Committee (HLVMC) tomorrow, Tuesday, March 2nd at 1:30pm. It is item #1 on the agenda. HB 297 creates the Workforce and Economic and Prosperity Council and requires the development of a statewide framework to develop a clean-energy workforce,  expanding economic inclusion, and developing a sustainable economy. 

Take Action: Please call or email members of the House Labor, Veterans & Military Affairs Committee and urge them to vote Do Pass on HB 297. 

House Labor, Veterans, and Military Affairs Committee (HLVMC)

• Eliseo Lee Alcon (D), Chair, 505-986-4416, eliseo.alcon@nmlegis.gov

• Patricia Roybal Caballero (D), Vice Chair, 505-986-4248, pat.roybalcaballero@nmlegis.gov

• Karen C. Bash (D), 505-986-4236, karen.bash@nmlegis.gov

• Rachel A. Black (R), 505-986-4467, rachel.black@nmlegis.gov

• Miguel P. Garcia (D), 505-986-4844, miguel.garcia@nmlegis.gov

• Joshua Hernandez (R), 505-986-4450, joshua.hernandez@nmlegis.gov

• Angelica Rubio (D), 505-986-4227, angelica.rubio@nmlegis.gov

• Sheryl Williams Stapleton (D), 505-986-4780, sheryl.stapleton@nmlegis.gov

• Luis M. Terrazas (R), 505-986-4336, luis.terrazas@nmlegis.gov

Thank you for taking action on these important bills to advance environmental justice, address the climate crisis, ensure a just transition and hold polluters accountable!

Key Actions to Support NMELC Priority Legislation: Feb. 11, 2021 

Action Needed:

1. SB 296, Increasing Penalties, is on the agenda today in Senate Conservation, which is meeting right now. It was item #9 on the agenda, so we didn’t think it likely that it will be heard today, but the committee is moving quickly through several bills. If it doesn’t get heard today, we expect it will be heard on Thursday, Feb. 18. SB 296 would essentially double penalties on polluters for violating environmental regulations by adjusting maximum penalties for inflation since they were enacted 30 years ago. Please call or email members of the Senate Conservation Committee and if it isn’t heard today, you can sign up to speak in support by emailing sconc@nmlegis.gov by 5pm on Wednesday, including your name, organization, bill number, for or against, email address and whether you want to speak. 

Fact Sheet on SB 296: https://nmelc.org/wp-content/uploads/2021/02/SB-296-Factsheet.pdf

2. SB 8, the Stringency Bill, is scheduled to be heard today, this afternoon, Tuesday, Feb. 16 at 1:30pm in the Senate Finance Committee. It is item #2 on the agenda. SB 8 would allow the state to adopt environmental regulations more stringent than federal regulations. Please call or email members of the Senate Finance Committee asap! 

Fact Sheet on SB 8: https://nmelc.org/wp-content/uploads/2021/02/SB-8-Factsheet.pdf

3. HB 9, Climate Solutions Act, is scheduled to be heard tomorrow, Wednesday, Feb. 17 at 8am in the House State Gov’t, Elections and Indian Affairs Committee (HSEIC). It is item #4 on the agenda. HB 9 would increase limits on greenhouse gas emissions while ensuring a just transition, especially for low-income people of color and rural workers, whose jobs would be impacted. Please call or email members of the HSEIC committee and raise your hand to speak in support of HB 9 tomorrow morning. 

Zoom link: https://us02web.zoom.us/j/89283197941

Fact Sheet: https://nmelc.org/wp-content/uploads/2021/02/Climate-Solutions-Act-Fact-Sheet.pdf

Updates on Other Priority Bills

1. SB 86, “Produced” Water, or Use of Water in Oil & Gas Operations, was tabled yesterday in the Senate Judiciary, with Democrats Sens. Joseph Cervantes, Daniel Ivey-Soto and Mimi Stewart all voting to table. Thank you to everyone who called, emailed and attempted to speak up in support. We were disappointed that supporters were not permitted by the chair, Sen. Cervantes, to speak. There are many concerns about the lack of laws regulating so-called “produced water.”

Here is a call to action from Sierra Club, Rio Grande Chapter, regarding SB 86 being tabled: 

The Senate Judiciary Committee just tabled SB86 – produced water amendments after disallowing public comments. 

Please write to Senate Judiciary in BCC – 

Bill O’Neill <oneillsd13@billoneillfornm.com>, Daniel Ivey-Soto <daniel.ivey-soto@nmlegis.gov>, Joseph Cervantes <Joseph@cervanteslawnm.com>, Katy Duhigg <Katy@KatyDuhigg.com>, Linda Lopez <linda.lopez@nmlegis.gov>, Senator Mimi Stewart <senmimistewart@gmail.com>, SJC <SJC@nmlegis.gov>

Please write your own statement. 

• No public comments were allowed. ALL OTHER BILLS HAD PUBLIC TESTIMONY.  

• The original produced water bill was rushed through and required clean up.

• Produced water spills are occurring daily and are not prohibited or subject to fines. 

• New Mexico’s public health, freshwater and environment remain at risk.

Conclude I am deeply disappointed that you voted to table SB86.  New Mexico’s families should come first.  Industry should be a good neighbor. 

2. HB 50, Private Right of Action, was on the agenda last Saturday to be heard in the House Judiciary Committee but then was pulled, pending possible amendments by Speaker Brian Egolf. When we hear that this bill is back on the agenda, we will let you know. Meanwhile, feel free to contact members of the House Judiciary Committee and urge them to support HB 50, which will allow individuals to sue polluters rather than having to rely solely on the state. Here is a link to the House Judiciary Committee: https://nmlegis.gov/Committee/Standing_Committee?CommitteeCode=HJC

Fact Sheet for HB 50: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Factsheet.pdf

Mythbusters on HB 50: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Myth-Busters.pdf

Albuquerque Journal article about HB 50, which shows industry opposition. “Environmental Lawsuits Bill Draws Criticism”

https://www.abqjournal.com/2359267/environmental-lawsuits-bill-draws-criticism.html

Key Actions to Support NMELC Priority Legislation: Feb. 11, 2021 

Take Action on HB 50, Private Right of Action

We just learned that one of our five priority bills, HB 50 Private Right of Action, is scheduled to be heard in the House Judiciary Committee on Saturday, Feb. 13 at 2pm. As of now, it is listed as item #2 on the agenda.

Here’s how you can help:

1. Please call members of the House Judiciary Committee (HJC) and urge them to vote Do Pass on HB 50, Private Right of Action, which would allow individuals to sue polluters for environmental contamination, and thus help protect NM’s water, air and land for current and future generations by holding polluters more accountable. A list of HJC members is below.

2. If you have time, please also join the zoom on Saturday at 2pm and hit the “raise your hand” button when the chair asks for supporters of HB 50 to do so. You don’t need to email the committee ahead of time as is required in the Senate. Last time industry lobbyists lined up to speak in opposition of HB 50, and this time we want supporters like you to outnumber opponents! Here is the zoom link for Saturday at 1pm in House Judiciary:

https://us02web.zoom.us/j/89543370073 

Or Telephone: 669 900 9128 Webinar ID: 895 4337 0073

Here is a link to our Fact Sheet on HB 50: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Factsheet.pdf

And here is a link to our Mythbusters document on HB 50: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Myth-Busters.pdf

Take Action on SB 86 Produced Water

We also just learned that another of our five priority bills, SB 86, “Produced” Water or Use of Water in Oil & Gas Operations, will be heard on Monday, Feb. 15 at 1:30pm in Senate Judiciary. It is item #4 on the agenda. 

1. Please call Senate Judiciary Committee members and urge them to support this important bill that would protect fresh water resources from contamination threatened by the toxic waste water produced by the oil and gas industry during fracking operations. Fact sheet here: https://nmelc.org/wp-content/uploads/2021/01/Fact-Sheet-SB-86-ProducedWater-FINAL-2021-01-28.pdf

2. Please email SJC@nmlegis.gov by 5pm the day before with your name, organization, bill number, for or against, and indicate if you wish to speak. Written comments should be 300 words or less. We urge you to speak in support of SB 86 on Monday afternoon. The committee will send you the zoom link.

Other Bills to Support

HB 51, Environmental Database Act (Chasey/Stewart) is scheduled to be heard on the House Floor tomorrow, Friday, Feb. 12. Please call or email your state representative and urge them to vote yes. This bill will lead to more comprehensive, and smarter land use planning in NM by state agencies, and more transparency for the public. More info from the Sierra Club Rio Grande Chapter and Audubon New Mexico at https://drive.google.com/drive/folders/1GX6vvHDJXxeibeFum1kvZHrgKPq11G-L

The New Mexico Acequia Association has put out an action alert about two bills we are supporting: HB 30 and HB 194, which are both scheduled to be heard in the House Agriculture & Water Resources Committee this Saturday, Feb. 13 at 1pm. They are currently items #1 and #2 on the agenda. 

Join on Zoom: https://us02web.zoom.us/j/82072641109 Call in via phone: Dial: 669-900-9128 – Enter the Meeting ID: 820 7264 1109

HB 30 “Water Lease Use and Effective Dates” is sponsored by Rep. Chandler and Sen. Wirth. HB 194 “Acequia Help for Adjudication Settlements” is sponsored by Rep. Ortez. 

Please contact members of the House Ag Committee and also attend the hearing and raise your hand to speak if you are able to.

Why this bill is important: 

• Protects existing water rights from impairment when there is a proposed new use under a water lease application before the State Engineer. 

• Protects due process in water lease applications so that those impacted by a new use can raise concerns through a water rights protest and public hearing. 

Why this bill is needed:

• HB 30 is needed because the State Engineer in recent years has started an administrative procedure he calls “preliminary approval” which grants a water lease applicant to use water right away before a mandatory public hearing has been held on the application and before a final decision on the application has been issued.

• Granting a permit before the required public hearing process is unlawful. This bill will clarify the due process protections that are well established in New Mexico law. 

• This would also help the State Engineer operate within existing legal requirements and provide clarity to entities seeking to lease water about the statutory requirements protecting existing water rights. HB 30 also incentivizes entities to engage in planning to meet their water needs. 

Sample email message to the committee members:

Dear Members of the House Agriculture and Water Resources Committee:

We support HB 30 Water Lease Use and Effective Dates because it protects existing water rights from impairment and provides due process in water lease applications before the State Engineer. HB 30 is needed because the OSE practice of granting “preliminary approval” of pending water lease applications.  This is unlawful because 1) it violates due process requirements for existing water right owners affected by the application by circumventing the requirement for a hearing on protested applications, and 2) it can result in impairment to existing water rights.

Acequias in Lincoln County where the OSE granted “preliminary approval” of a water lease were not afforded a public hearing before the State Engineer allowed a municipality to pump water upstream from the acequias. In another egregious example, the State Engineer also granted “preliminary approval” for a lease of over 5,000 acre feet of water on the Lower Pecos River despite potential negative impacts to downstream irrigators and compact deliveries to Texas.

It is clear that this unlawful practice of granting “preliminary approval” of water lease applications permits to use water before the public is granted a hearing has resulted in decisions that are detrimental to owners of existing and senior water rights and to the State of New Mexico. We urge the State Legislature to ensure that our laws are very clear that due process must be followed in water lease applications before the State Engineer.  Thank you for your consideration. 

 Sincerely,

[Your Name Here]

[Your acequia name and position here]

HB 194 “Acequia Help for Adjudication Settlements”

Background:  

• This bill adds an amendment to the Acequia and Community Ditch Fund (ACDF) statute to add “settlement implementation” to the purpose of the fund. 

• The ACDF was established in 1988 to ensure that acequias have legal representation and technical assistance in the adjudication process.

• After decades of negotiations, adjudication suits are resulting in negotiated settlements. It has become necessary to clarify that the ACDF allows use of the fund to include settlement implementation. 

• Water rights settlements are complex and acequias need legal representation and technical assistance to effectively implement provisions of the settlements that apply to them.

Sample message to the committee members (see emails above):

Dear Members of the House Agriculture and Water Resources Committee:

We are writing in strong support of HB 194 Acequia Help for Adjudication Settlements. This legislation amends the Acequia and Community Ditch Fund (ACDF) to add “settlement implementation” to the purpose of the fund. The ACDF was established in 1988 to ensure that acequias and community ditches had access to legal representation and experts for the adjudication process. 

As negotiated settlements are reached in water right adjudications, the settlement implementation phase continues to require engagement by acequias. HB 194 would allow the ACDF fund to be used for acequias to ensure that they have the technical and legal resources necessary to meet the often complicated requirements of water rights settlements.

Sincerely, 

[Your name here]

[Your acequia name and position here]

More info on NM Acequia Association Legislative Priorities: https://lasacequias.org/legislative-updates/

Key Actions to Support NMELC Priority Legislation: February 2, 2021

We would greatly appreciate your support this week, especially on SB 8 scheduled tomorrow in Senate Judiciary and HB 50 that is facing significant opposition.

SB 8, the Stringency bill, aka Local Govt Air Quality Regulations, sponsored by Senator Peter Wirth, would allow state regulators to adopt regulations that are more stringent than federal regulations. SB 8 passed through the Senate Conservation Committee (SCONC) last week and is scheduled to be heard by the Senate Judiciary Committee (SJC) tomorrow, Wednesday, February 3 at 1:30pm. We are asking EJ Policy Advocates to support this bill in several ways:

1. Sign up to speak by emailing sjc@nmlegis.gov by 5pm today, 2/2/21 with the following required information: your name, entity representing, bill number, for or against, and that you want to speak.  You can also send your public comments to SJC: For public participation send an email to SJC@nmlegis.gov with Name, Entity Representing, Bill Number, For or Against and indicate if you wish to speak. If you wish to provide written comments, keep them to 300 words or less. Deadline to respond is by Tuesday, February 2 at 5:00 PM. All committee members will have access to your written comments. You will be contacted by our Zoom Operator with virtual meeting instructions.

2. Call the Democrat members of the Senate Judiciary Committee and urge them to support SB 8, the Stringency bill. Please see contact info for Senate Judiciary below. Sample script:

“Hello, my name is ________, and I am calling to urge Senator ______ to please vote in SUPPORT of  SB 8, the Stringency Bill, sponsored by Sen. Peter Wirth,  which would allow state agencies to impose environmental regulations more stringent than federal regulations. SB 8 would help protect New Mexico’s air, water and land for current and future generations. My name and contact is _____. Thank you.”

3. Email the Senate Judiciary Committee as well. Here is a link to our Fact Sheet to help you. https://nmelc.org/wp-content/uploads/2021/02/SB-8-Factsheet.pdf

HB 50, Private Right of Action, sponsored by Rep. Georgene Louis, would allow individuals to sue polluters, not just the state. HB 50 passed through the House Energy, Environment & Natural Resources Committee (HENRC) last week and is now headed to House Judiciary. We do not know when it will be heard in Judiciary but are asking you all to contact House Judiciary members  urging them to support the bill. More info below, including links to the Fact Sheet on HB 50 as well as our new Mythbusters handout, which counters arguments opponents brought up. We greatly appreciate all the support we can get on HB 50 given the significant opposition it has already faced.

Link to Fact Sheet on HB 50 Private Right of Action: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Factsheet.pdf

Link to Mythbusters handout on HB 50, which lists counter arguments for criticisms raised by opponents: https://nmelc.org/wp-content/uploads/2021/01/HB-50-Myth-Busters.pdf

Contact info for House Judiciary. Please call and email them urging legislators to support HB 50!

Updates on Other NMELC Priority Bills:

SB 86, “Produced Water,” aka Use of Water in Oil & Gas Operations, sponsored by Sen. Antoinette Sedillo Lopez, was scheduled on the agenda for Senate Conservation Committee today, but this committee has been moving through bills quite slowly, so it is likely to be heard on Thursday. Please urge Senate Conservation Committee members to support SB 86.

HB 9, Climate Solutions Act. Our Greenhouse Gas Emissions bill got combined into HB 9, the Climate Solutions Act. We support this bill which would establish nation-leading carbon pollution-reduction targets while ensuring that all New Mexicans will benefit from the increased jobs provided in a green economy. HB 9 is sponsored by Reps. Melanie Stansbury and Angélica Rubio, House Speaker Brian Egolf, and in the Senate by Senate President Pro Tem Mimi Stewart and Sens. Benny Shendo and Carrie Hamblen.

SB 296 Increasing Penalties for Environmental Violations is a new bill that is sponsored by Sen. Brenda McKenna. SB 296 would increase the maximum civil penalties that can be collected under environmental statutes by adjusting the penalty amounts for inflation that has occurred since the provisions were passed 30 years ago. The penalties would essentially double in size. These penalties would push polluters to change their practices. Click here to read our Fact Sheet on Increased Penalties: https://nmelc.org/wp-content/uploads/2021/02/SB-296-Factsheet.pdf

Other Bills We Are Supporting:

SJR 3, the Green Amendment aka Environmental Rights, CA.SJR 3 is scheduled to be heard in Senate Rules Committee Wednesday, February 3 at 9am. It is the second item on the agenda. “For Public Participation send an email to src@nmlegis.gov with Name, Entity Represented, Bill #, For or Against and email address by 4pm on Tuesday, Feb. 2. You will be contacted by our Zoom operator with virtual meeting instructions.

SB 55, Social, Cultural and Racial Impacts, sponsored by Sen. Bill Soules, which passed through its first committee this morning.

HB 26, the TIDDs bill, aka Exclude Greenfields from Certain Taxes, was tabled last week, but there are efforts underway to revive this bill. We urge you to contact members of the House Local Govt, Land Grants and Cultural Affairs Committee and urge them to bring it back to the agenda and vote to pass this bill which would prevent the misuse of TIDDs by developers at the expense of local communities. Contact info for the HLLC committee is here: https://nmlegis.gov/Committee/Standing_Committee?CommitteeCode=HLLC

Thank you again for supporting our legislative priorities! Please let us know if you have any questions or want to share what responses you are getting to your phone calls and emails. We are hoping to schedule a zoom call with you all to share information, answer questions, and connect with each other—we’ll keep you posted! 

Key Actions to Support NMELC Priority Legislation this Week: January 25th to January 30th

Thanks to each of you who have already started making phone calls from Action Alert #1.

The 2021 Legislative Session is officially underway and there are many environmental bills scheduled to be heard this week, including three of our priority legislative bills: HB 50 – Private Right of Action, SB 8 – Local Gov’t Air Quality Regulations/Stringency, and SB 86 – Use of Water for Oil & Gas Operations/Produced Water.

House Bill (HB) 50 “Private Right of Action,” is scheduled to be heard this Tuesday, January 26 at 9 a.m. during the House Energy, Environment & Natural Resources Committee hearing (HENRC)

Senate Bill (SB) 8 “Local Gov’t Air Quality Regulations/Stringency” is scheduled to be heard Tuesday, January 26 at 9 a.m. during the Senate Conservation Committee hearing (SCONC) 

Senate Bill (SB) 86 “Use of Water for Oil & Gas Operations/Produced Water” is scheduled to be heard Thursday, January 28 at 9 a.m. during the Senate Conservation Committee hearing (SCONC)

Please consider any of the following key actions to support NMELC Priority Legislation this week:

 1. Attend the House Energy, Environment & Natural Resources Committee (HENRC) online hearing on Tuesday, January 26 starting at 9 a.m. and speak in support of HB 50.

Meeting Info:  

https://us02web.zoom.us/j/88692377623

Webinar ID: 886 9237 7623

Detailed Agenda – https://nmlegis.gov/Agendas/Standing/hSched012521.pdf?t=637471383008754249

2. To support SB 8 and SB 86 to be heard in the Senate Conservation Committee (SCONC) on Tuesday and Thursday respectively, here are the instructions: 

For public participation send an email for above agenda items only to SCONC@nmlegis.gov with your Name, Entity Representing, Bill #, For or Against and an email address by Monday, January 25, 3:00 p.m. You will be contacted by our Zoom Operator with virtual meeting instructions.

3. If you haven’t already done so, please call the (7) Democrats on the House Energy, Environment and Natural Resources Committee and ask them to support HB-50 Private Right of Action.

4. If you haven’t already done so, call the (6) Democrats on the Senate Conservation Committee and ask them to support two of our bills: SB 8 (Stringency Bill) and SB 86 (Produced Water Bill). 

Other Important Legislation to Support this Week:

On Thursday, January 28 at 10am House Bill 26 is on the agenda for the House Local Government, Land Grants & Cultural Affairs Committee (HLLC). HB 26 is the  “Exclude Greenfields from Certain Taxes” bill and is sponsored by Rep. Andres Romero. HB 26 would prohibit the use of tax increment development district (TIDD) funds for areas that are not developed. For example, the bill would prohibit the use of state TIDD funds as an incentive for massive urban sprawl developments with excessive water demands. 

Please click the link below to join the webinar:

https://us02web.zoom.us/j/89983253499?pwd=YTdycDFWYUFVdXgzOFEwQXVtMzIvZz09

Passcode: 391868

Key Actions to Support NMELC Priority Legislation this Week: January 25th to January 30th

House Bill (HB) 50 “Private Right of Action” is scheduled to be heard this Tuesday, January 26 at 9am during the House Energy, Environment & Natural Resources Committee (HENRC).

Here’s how you can help to support HB 50:

1. Attend and speak in support of HB 50 during the HENRC Committee Hearing that is scheduled to be heard on Tuesday, January 26 starting at 9am. 

When HB 50 is heard and the committee chair asks if anyone would like to speak in support of HB 50, we encourage you to use the “raise your hand” button to speak in support of HB-50. 

Sample script:

“My name is ________, and I am here representing [your organization and title if appropriate].  I am here to express my support of House Bill 50, Private Right of Action. This is an important bill that would allow individuals rather than just the state to sue polluters and help to hold them accountable.” 

Please feel free to modify this script and it is perfectly fine to simply state your name, title/position, and that you are in support of the bill.

Here is the Zoom information to attend the HENRC on Tuesday, January 26th:

https://us02web.zoom.us/j/88692377623 Or Telephone: Dial US:+16699009128 

2. Call the (7) Democrats on the House Energy, Environment and Natural Resources Committee and urge them to support HB-50 Private Right of Action. Sample script is below. You will most likely get a staffer when you call, and they will take down the bill number and name, whether you want the Representative to support or oppose, and you will want to leave your name and contact information as well. 

Sample script: 

“Hello, my name is ________ [include organization and title if appropriate], and I am calling to urge Representative ______ to please support HB 50 Private Right of Action, that will be heard in the House Energy, Environment and Natural Resources Committee on Tuesday, January 26 at 9 a.m. HB 50 would give individuals the ability to sue polluters rather than just the state. This bill would provide more accountability for polluters and better protect New Mexico’s air, water and land for current and future generations. My name and contact is _____. Thank you.”

Please feel free to modify this script and it is perfectly fine to simply state your name, title/position, and that you are asking Representative ________ to support this bill.

3. If you do not feel comfortable calling, please also feel free to email the HENRC Committee Members and express your support for HB 50.

We often hear from legislators that their inbox becomes flooded with emails during the session and that is why we encourage phone calls instead.

Other Important Legislation to Support this Week:

On Thursday, January 28 at 10am House Bill 26 is on the agenda for the House Local Government, Land Grants & Cultural Affairs Committee (HLLC). HB 26 is the  “Exclude Greenfields from Certain Taxes” bill and is sponsored by Rep. Andres Romero. HB 26 would prohibit the use of tax increment development district (TIDD) funds for areas that are not developed. For example, the bill would prohibit the use of state TIDD funds as an incentive for massive urban sprawl developments with excessive water demands. We will send out more info on HB 26 next week.

Other Information and Actions to Help NMELC Priority Legislation:

So far, three of our five priority bills have bill numbers and have been assigned to a committee: 

HB 50: Private Right of Action, has been assigned to House Energy, Environment & Natural Resources Committee (HENRC)

 SB 8: Stringency Bill, has been assigned to Senate Conservation Committee (SCONC)

SB 86: “Produced Water” or Protect Our Water (Use of Water for Oil & Gas Operations), has been assigned to SCONC

Here’s how you can help support this legislation:

Call the (6) Democrats on the Senate Conservation Committee (below) and urge them to support (2) of our bills: SB 8 (Stringency Bill) and SB 86 (Produced Water Bill). Sample script is below. FYI: You can also access the committee at this link: https://nmlegis.gov/Committee/Standing_Committee?CommitteeCode=SCONC

Sample script: 

“Hello, my name is ________, and I am calling to urge Senator ______ to please vote in SUPPORT of two bills that will be heard in the Senate Conservation Committee. The two bills are: SB 8, the Stringency Bill, and SB 86, the “Produced Water” bill (Use of Water for Oil & Gas Operations). The Stringency Bill, which is sponsored by Sen. Peter Wirth,  would allow state agencies to impose environmental regulations more stringent than federal regulations, and the “Produced Water” bill, sponsored by Sen. Antoinette Sedillo Lopez and Sen. Liz Stefanics,  would keep oil and gas waste on the oilfields and protect our fresh water. Both bills would help protect New Mexico’s air, water and land for current and future generations. My name and contact is _____. Thank you.”