Please find below a listing of the many bills that CVNM worked on during the 2008 New Mexico State Legislative Session, followed by the outcome of each bill.

Pro-Conservation Legislation CVNM
urged all our Representatives and Senators to SUPPORT these measures:

HB119: Alternative Energy for Schools Grant Act (T Garcia)
HB119 establishes a grant program within the Energy, Minerals and Natural Resources Department dedicated to funding public schools and post-secondary institutions to implement projects that will reduce the school's energy costs while actively engaging students to learn about alternative energy. CVNM supported this legislation, but it died in the House Appropriations and Finance Committee.

HB216/SB35: Energy-Efficient Appliances Tax Credit (Gonzales/Feldman)
HB216 and SB35 encourage energy efficiency by providing tax credits of up to $300 for energy-efficient heating, ventilating and cooling equipment installed in the taxpayer's home. CVNM supported HB216, which died in the House Taxation and Revenue Committee and also supported SB35, which died in the Senate Finance Committee.

HB247/SB241: Low-Income Consumer Utility Rates (Wirth/McSorley)
Current law prevents public utilities from establishing "unreasonable differences" of service rates between classes of customers. HB247 and SB241 amend the Public Utility Act to allow the Public Regulation Commission to approve utility rates or services designed to diminish the burden of energy costs on low-income consumers. CVNM supported HB247, which died in the House Rules Committee and also supported SB241, which died in the Senate Committees Committee.

HB248: Oil & Gas Development & Public Health (Wirth)
HB248 amends the Oil and Gas Act to incorporate - under the duties of the Oil Conservation Division - "protection of public health, safety and welfare, including the protection of the environment and wildlife resources", while taking into consideration cost-effectiveness and technical feasibility. CVNM supported HB248. The bill died in the House Rules Committee.

HB305: Utility Customer Load Management (B Lujan)
Efficiency is the most reliable, least expensive source of "new" energy. HB305 amends the existing Efficient Use of Energy Act (62-17-2 through 11 NMSA) to establish mandatory energy efficiency targets of 5% by 2014 and 10% by 2020. CVNM supported HB305, which passed the House (63-0), passed the Senate (22-15) and was signed by Governor Bill Richardson on Wednesday, February 27, 2008.

HB309: State Ethics Commission Act (MH Garcia)
HB309 establishes a ten-member State Ethics Commission (SEC) to receive and investigate complaints against state offices, state employees, government contractors and lobbyists. The SEC will also publish educational materials and conduct annual trainings for covered individuals. CVNM supported HB309, which was passed unanimously by the House (66-0) but died in the Senate Rules Committee.

HB400: Commuter Rail Transit District Act (Silva)
Transportation is the fastest growing source of greenhouse gas emissions and hazardous air pollutants in New Mexico - emphasizing the need for alternative transportation solutions. HB400 establishes a Commuter Rail Transit District (composed of Santa Fe, Sandoval, Bernalillo and Valencia counties), to provide for the management and operation of the Rail Runner Express and for revenue for the system. CVNM maintained neutrality on HB400 until various concerns were addressed. The bill passed the House (56-9), but died in the Senate Finance Committee.

HB451: Greenfield Tax Increment Districts (Barela)
Tax increment for development districts (TIDDs) on "greenfields" pose a significant threat to the general fund by significantly reducing revenues owed to the state as well as to thoughtful land use and water planning. HB451 improves oversight and transparency of sprawl development TIDDs, while limiting their negative fiscal impacts to the state. CVNM supported HB451, but the bill died in the House Tax and Revenue Committee.

HB583: TV and Video Game Excise Tax (Chasey)
The average American child now spends more time watching television than in school. The "Leave No Child Inside" Act will generate revenue for an outdoor educational programming fund through a 1% excise tax ("sin" tax) on the purchase of new televisions and video games. Administered through the Public Education Department, the fund will be directed to programs addressing unhealthy trends in New Mexico youth associated with excessive "screen time," including obesity and poor school performance. CVNM supported HB583. The bill died in the House Business and Industry Committee.

SB17: Uranium Mining Hearings, Permits & Locations (Lovejoy)
SB17 will prevent uranium mining and exploration from occurring within 1000' of an existing dwelling, which would provide at least a minimal level of protection from the harmful effects of such mining. CVNM supported SB17, but the bill died in the Senate Committees Committee.

SB100: Solar Market Development Eligibility (Feldman)
SB100 amends existing law to expand eligibility for the Solar Market Development Tax Credit. It authorizes the credit to be claimed for properties owned by limited liability companies and other business associations, and allows the credit to be refunded in very limited circumstances. CVNM supported SB100 but the bill died in the Senate Finance Committee.

SB132: Whistleblower Protection Act (Beffort)
SB132 prohibits retaliation by employers against public employees who take action, object to, or refuse to participate in a matter regarding something they believe in good faith to be an "unlawful or improper act". CVNM supported SB132, but the bill died in the Senate Committees Committee.

SB189: Home Energy Relief Fund Distributions (Lopez)
SB189 provides for recurring distributions of a percentage of the natural gas producers' tax to a fund (The Home Energy Relief Fund) from which at least 50% of the proceeds will be directed to weatherization and energy efficiency programs for low-income homeowners. Remaining funds can be used for utility assistance payments for low-income ratepayers. CVNM supported SB189 but the bill died in the Senate Finance Committee.

SB227: Pecos River Settlement Water Rights (Griego)
SB227 addresses some of the land management problems associated with water rights acquisition to meet compact delivery obligations on the Pecos. The bill authorizes the state to acquire water rights without the land to which the rights are appurtenant - allowing the land to be used for grazing instead of leaving it unmanaged and susceptible to infestations of invasive non-native species. CVNM supported SB227, which passed the Senate (37-0) and passed the Hosue (53-12). The bill was signed on February 27, 2008.

SB262: Engineer Authority Over Underground Water (Cisneros)
SB262 improves water resource management by granting the State Engineer jurisdiction over water more than 2500 feet below the surface, with the exception of water produced in relation to oil and gas development. Given improvements in drilling technology, accessing deep water has become more feasible, which raises concerns of impairment of both senior users and junior appropriators. CVNM supported SB262, which died in the Senate Conservation Committee.

SB403: Resource & Energy Efficient Buildings (Campos)
A significant burden in meeting the operating costs for public buildings is the utility bills for energy consumption. SB403 requires that new buildings and major renovations funded under the Severance Tax Bonding Act meet a minimum delivered energy performance of fifty percent or less of the average for that building type. This will reduce energy consumption and drive down the ongoing operational costs for the building. CVNM supported SB403 but the bill died in the Senate Committees Committee.

SB434: Tax Increment Development District Moratorium (McSorley)
Recognizing the dramatic potential burdens posed by Tax Increment for Development Districts (TIDDs) on the state treasury, SB434 imposes a two-year moratorium on new greenfield TIDDs and creates a task force to study the issue and make any recommendations for action to the Legislature by June 1, 2009. CVNM supported SB434 but the bill died in the Senate Corporations and Transportation Committee.

SB506: Renewable Energy Production Tax Credit Cap
(Cisneros) SB506 increases the cap on the amount of electricity production that is eligible for the renewable energy production tax credit from 2 million to 4 million megawatt hours (although the actual amount of the credit decreases between 2 million and 4 million megawatt hours). The specific incentive for an additional 500,000 megawatt hours of solar-derived energy production remains the same. CVNM supported SB506. The bill died in the Senate Finance Committee.

SB532: Approve Zoning Special Exceptions Authority (J Taylor)
SB532 expands the discretion of zoning authorities by adding "special exceptions" to the ability to grant variances. Many "special exceptions" have been granted over the years, and therefore should be authorized by law so that their terms can be enforced. CVNM was initially concerned that the lack of a definition of "special exceptions" leaves the door open to abuse by zoning authorities. However, the sponsor amended the legislation in Senate Conservation Committee to ensure that exceptions can only be granted when consistent with the planning goals of the local government, which would restrict the potential for abuse. CVNM supported SB532 with its Senate Conservation Committee amendments. The bill passed the Senate (36-0) and also passed the House (60-5). The bill was signed into law by Governor Richardson on February 29, 2008.

SJR2: Legislative Salaries, CA (Rawson)
One of the barriers to serious ethics reform in the New Mexico Legislature is the lack of adequate compensation for time and expenses of legislators. SJR2 will put a constitutional amendment on the ballot in the 2008 general election to compensate state legislators at a rate of 15% of the salary for US congressional Representatives and Senators. CVNM supported SJR2, which died in the Senate Rules Committee.

HJM17: Develop Official Acequia Registry (MP Garcia)
HJM17 requests the acequia commission to develop an official registry of acequias and community ditches in New Mexico, to preserve their historical, cultural and legal record. CVNM supported HJM17, which passed the House (46-0) and also passed the Senate (34-0). Memorials are not required to be signed by the Governor.

HJM19: Support Community Recycling Efforts (Gutierrez)
HJM19 seeks to dramatically improve recycling efforts in New Mexico by: exploring funding mechanisms, improving technical assistance, expanding public education, and providing incentives to recycling processors and recycled-content manufacturers. CVNM supported HJM19, which passed the House (55-1) but died in the Senate Conservations Committee.

SJM11: State Electronics Procurement & Recycling (Feldman)
SJM11 directs the Secretary of New Mexico Environment Department to convene a task force to develop guidelines for environmentally preferable electronics procurement and recycling by state agencies. CVNM supported SJM11 which passed the Senate (39-0) and passed the House (59-0). The bill was signed by the Governor.

SJM13: Traditional Ways of Life in Forest Plan (Griego)
SJM13 requests the US Forest Service to set several mandatory filters for evaluating whether a route should be opened to motorized travel: that traditional culture be maintained; that existing wildlife habitat and corridors, watersheds, rangelands, natural resources and archaeological sites be preserved; and, that safe access must exist. CVNM supported SJM13 which passed the Senate (36-0) and also passed the House (59-0). The bill was signed by Governor Bill Richardson.

SJM17: State Engineer Review of Water Exports (Beffort)
SJM17 recognizes the threat posed to the Estancia basin by proposed groundwater exports, and resolves that applications to export water from the basin should be supported by proof that the importing basin needs to import the water, and that there are no alternative in-basin sources of water in the importing region. CVNM supported SJM17 which passed the Senate (28-10) and then the House (65-0). The bill was signed by Governor Bill Richardson.

SJM20: Expand State Capitol Recycling (M Sanchez)
Proposed by UNM "Wild Friends", SJM20 recognizes the myriad benefits of recycling, and urges the legislature, other State agencies and public schools to increase and expand their recycling efforts. CVNM supported SJM20, which passed the Senate (37-0) and then passed the House (61-0). The bill was signed into law by Governor Richardson.

SJM40: Study Off-Road Motorized Vehicle Use (Feldman)
SJM40 requests the Energy, Minerals and Natural Resources Department and the Department of Game and Fish to study and make recommendations for resolving user conflicts, preventing future resource damage and providing greater safety protections for motorized recreation users. CVNM supported SJM40, which passed the Senate (28-12) and then passed the House (37-25). The bill was signed by Governor Bill Richardson.

SM49: Study Need for Agricultural Districts (Lopez)
SM49 requests an interim committee be appointed to study the need to protect agricultural lands in New Mexico through the use of conservation easements, agricultural districts, limiting eminent domain powers and other tools. CVNM supported SM49 which passed the Senate (26-12). The bill was signed by Governor Bill Richardson.

Anti-Conservation Legislation:
Although fewer in number, the following bills posed great risks to New Mexico's natural resources - by subsidizing polluters, relaxing regulations or encouraging activities that threatened our environment.

CVNM urged all of our Representatives and Senators to OPPOSE these measures:

HB34: Subsidize Certain Hunting & Fishing Licenses (MP Garcia)
HB34 would amend existing law to allow individuals who receive public assistance to obtain a general hunting or fishing license at no cost. Although Conservation Voters NM strongly supports incentives to expand outdoor activities, the entire cost burden for this initiative would be borne by the already resource-starved Game Protection Fund. If the burden were shifted to the state general fund, CVNM could support HB34. CVNM opposed this legislation, which died in the House Rules Committee.

HB125/SB394: Oil Conservation Division Oversight Committee (Foley/Adair)
HB125 and SB394 would create a legislative committee to oversee the Oil Conservation Division of the Energy, Minerals and Natural Resources Department. Presumably, this is a reaction to the Division's efforts to carry out its duties under the Oil and Gas Act (70-2-12 (B)(15) NMSA) to make rules that would protect groundwater from contamination by oil and gas wastes - efforts that the oil and gas industry oppose. It would be extremely burdensome were the Legislature to establish oversight committees for every single division of each agency of state government, and the proposed legislation is clearly intended to have a chilling effect on regulatory efforts to protect public health, safety and welfare. CVNM opposed HB125, SB394 and SB505. HB125 died in the House Rules Committee, and both SB394 and SB505 died in the Senate Committees Committee.

HB267: State Budget Provisions & Increases (Gardner)
HB267 is an effort to dramatically hinder the enforcement abilities of environmental agencies. In recent years, flat budgets (despite rising overhead costs) have forced some environmental divisions to rely on a percentage of penalties assessed and collected to maintain basic enforcement levels. HB267 would strip agencies of their ability to use any of these revenues to fulfill their mandates. CVNM opposed HB267; the bill died in the House Rules Committee.

HB276/SB398: SunCal Tax Increment Project Bonds (Silva/Lopez)
HB276 authorizes a massive ($629 million) bond issue to provide infrastructure to a sprawl development on Albuquerque's west mesa. The bond would be serviced by diverting gross receipts tax revenues that would otherwise accrue to the state. 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 up to 25 years. CVNM opposed both HB276 and SB398. HB276 passed the House (44-23) but was tabled on the Senate Floor. SB398 died in the Senate Finance Committee.

HB310: Regulatory Impact Statement Requirements (Berry)
HB310 is part of a package of legislative initiatives that would have a chilling effect on regulatory efforts to protect public health, safety and welfare. Although it may appear innocuous or neutral on its face, the requirement for Regulatory Impact Statements focuses solely on the impact of proposed rules on "persons", which includes individuals, associations, partnerships, companies, business trusts and corporations. It does not include impacts of proposed rules (or the cost of "inaction") on common resources such as groundwater, air quality, wildlife or public health - thus creating a skewed cost-benefit analysis. CVNM originally opposed this legislation but worked with the sponsor of HB310 on substantive changes to address our concerns. Still, the bill died in the House Judiciary Committee.

HB614: Study & Legislative Approval of Rules (Foley)
HB614 is another piece of a package of legislative initiatives designed to prevent agencies from promulgating rules and regulations necessary to protect public health, safety and welfare. The bill would require a comprehensive and burdensome economic impact analysis before the adoption of any rule. Rules with a major fiscal impact could not be adopted until reviewed and approved by the Legislature. Again, the social and environmental impacts of action or inaction are ignored, and the analyses would be incredibly burdensome for the hundreds of simple and straightforward rules and regulations promulgated each year. CVNM opposed this legislation, which died in the House Consumer and Public Affairs Committee.

HB656: Public Peace, Health, Safety & Welfare (Silva)
The HTPWC substitute for HB656 would amend the definition of a "regional transit system" in the Regional Transit District Act to include "a street, road, highway or bridge". The change would allow revenue generated within a Regional Transit District by an increase in the gross receipts tax to be used for highway construction or improvement projects. The expansion of the definition of regional transit systems to include roads violates the spirit and intent of the Regional Transit District Act, which was enacted to assist with public transportation projects. CVNM opposed this legislation which passed the House (39-15) but then died in the Senate Corporations Committee.

SB57: Regulatory Process Task Force (B Sanchez)
SB57 is yet another piece of the legislative package designed as an assault on New Mexico's regulatory processes. In response to agencies fulfilling their legislative mandates under, among other statutes, the Oil and Gas Act and the Air Quality Control Act, major industries are attempting to gut agencies' abilities to promulgate rules and regulations. SB57 establishes a task force to review the regulatory structure of New Mexico, which may, in itself, seem unobjectionable. Unfortunately, the composition of the task force is skewed towards industry representatives, instead of the public interests that the regulatory process is designed to protect. Moreover, the scope of work completely ignores important considerations such as the necessity of rules and regulations that protect public health, safety and welfare. CVNM opposed SB57; the bill died in the Senate Corporations Committee.

SB487: Abandoned Uranium Mine Reclamation Fees (Ulibarri)
SB487 creates the "abandoned uranium mine reclamation fund" which will be funded through a reclamation fee on new uranium mining. The bill inappropriately ties cleanup of old mining sites to production from new uranium mines and mills, which many residents of impacted communities oppose. Moreover, it may have the consequence of forgiving responsibility of companies for abandoned uranium mines, while generating woefully insufficient revenues to address the problem, which could run into the billions of dollars. HB487 is opposed by a broad array of environmental justice, Native American and conservation organizations. CVNM opposed this legislation, which was passed 26-11 by the Senate, and then 45-23 by the House. The bill is awaiting signature by Governor Richardson; CVNM is encouraging a veto of this legislation.

SB513: Taxpayer Protection Act (Cravens) & SJR15: Limit State Expenditure Increases, CA (Cravens)
SB513 creates the Taxpayer Protection Act, and SJR15 would place a constitutional amendment on the 2008 general election ballot. Both would place limits on New Mexico's ability to increase our annual fiscal expenditures over certain amounts beginning with fiscal year 2010. These are "TABOR" (Taxpayer Bill of Rights) proposals, similar to what Colorado voters approved in 1992. However, the spectacular failure of the Colorado TABOR experience led to Coloradans' solid 2005 vote to suspend the policy, and overwhelming rejections of TABOR-style initiatives in many states since. CVNM opposed both SB513 and SJR15. SB513 died in the Senate Judiciary Committee and SJR15 died in the Senate Rules Committee.

HJR12/SJR5/SJR7: Legislative Review of Regulatory Rules, CA (Ingle)
Both SJR5 and SJR7 would place constitutional amendments on the 2008 general election ballot allowing the Legislature to override regulatory rules by annulling them or preventing them from being enacted. Although the language differs between the two Joint Resolutions, the intent is the same: to violate separation of powers by intruding upon the regulatory authority of the Executive branch. Under current law, if the Legislature feels that the Administration has overstepped its authority in promulgating rules, any affected party can pursue legal action to have the rules annulled on those grounds. If passed, these Constitutional Amendments would transfer authority to determine legality of regulatory rules from the Judiciary to the Legislative branch, yet a further violation of separation of powers. CVNM opposed all three of these legislative measures. HJR12 died in the House Voters and Elections Committee, SJR5 died in the Senate Rules Committee, and SJR7 died in the Senate Judiciary Committee.

HJM7: Study Coal Surtax (Begaye)
Almost every year, the Legislature considers measures that would affect the existing surtax on coal - usually supporting the elimination of the surtax. As drafted, HJM7 implies that the surtax is inequitable or flawed - appearing to tacitly support its repeal. In fact, eliminating the coal surtax would constitute a de facto $6.9 million subsidy to a thriving resource extraction industry. There is no evidence that the surtax has resulted in harm to the coal industry, or that it has had a disproportionate impact on any particular sector of the industry. In fact, coal production has continued to increase, even after the surtax was levied more than a decade ago. NM's severance tax on coal - when combined with the surtax - is comparable to other coal-producing states. Without the surtax, New Mexico would rank near the bottom of states in taxing this dirty energy source. Furthermore, the surtax is scaled to the price of coal, while the base severance tax is fixed. When coal prices rise, as expected, the effective rate of the severance tax will decline. The impact of this would be exacerbated without the moderating influence of the surtax. CVNM opposed HJM7, which passed the House (56-0) but died on the Senate Floor.

HJM8: Change Waste Allowed In WIPP Site (Heaton)
HJM8 urges the US Department of Energy to determine that greater-than-class C (GTCC) radioactive waste be authorized for disposal at the Waste Isolation Pilot Plant (WIPP). Although the total estimated volume of GTCC waste is relatively small, the total amount of radioactivity of GTCC waste is far greater than the total of all of the waste that's authorized to be disposed of at WIPP. Most GTCC waste by volume or radioactivity is commercial waste from private nuclear power plants. If DOE were to authorize WIPP to accept GTCC waste, it would change the fundamental purpose of WIPP from nuclear weapons waste to commercial nuclear waste dump - opening the door for WIPP to replace Yucca Mountain as the disposal site for commercial nuclear waste. CVNM opposed HJM8, which passed the House (48-19) but died in the Senate Rules Committtee.

HJM29/SJM21:  Enact Federal Public Lands & Education Act (Anderson/Carraro) - (DEFEATED!)
HJM29 and SJM21 support the enactment of H.R. 3614 and S. 2072 by the US Congress.  The Federal Public Lands & Education Act is an anti-public lands bill urging the disposition of federally-owned land in the West.  Although the stated intent is to help generate revenues for education, the sponsors and proponents of the federal legislation are strident opponents of public lands, not advocates on behalf of education.  CVNM opposed both HJM29 and SJM21. HJM was voted down by the House (17-34) and SJM21 died in the Senate Rules Committee.

SM46:  Defeat Federal Clean Water Restoration Act (Komadina) - (DEFEATED!)
SM46 requests that Congressman Udall withdraw his support for the federal Clean Water Restoration Act.  Supreme Court rulings in 2001 and 2006 gutted the Clean Water Act, and stripped protections for numerous wetlands, streams, rivers, lakes, and other waters historically covered by the Act - up to 90% of New Mexico's waters.  SM46 seeks to keep these waters unprotected from polluters, by opposing the Clean Water Restoration Act of 2007, which would restore the protections intended by Congress in 1972. CVNM opposed SM46, which died in the Senate Conservation Committee.