Results from the 2012 Legislative Session

Pro-Conservation legislation that passed and was enacted
Pro-Conservation legislation that passed but was not enacted
Pro-Conservation legislation that didn’t pass
Anti-Conservation legislation that passed
Anti-Conservation legislation that didn’t pass

PRO-CONSERVATION legislation that PASSED and was enacted:

We urged all of our Representatives and Senators to SUPPORT these measures:

HB74: Conservancy District Absentee Ballots (Tripp)
Turnout in conservancy district elections is notoriously low. HB74 removes the requirement that absentee ballot applications be notarized, making it easier for voters to participate in these important elections, and making the requirements consistent with the standards in the Election Code.  HB74 passed both the House (63-2) and Senate (36-0), and was signed by the Governor on March 5th, 2012.

HM3/SM10: Ample Outdoor Opportunities for Children (Stewart/Nava)
Recognizing the immeasurable values for children of time spent in nature, HM3 and SM10 affirm the legislature’s support for children’s outdoor programs, and encourage all relevant state agencies to work together to expand provision of such programs. HM3 passed the House (70-0), and SM10 passed the Senate (43-0). Memorials and resolutions do not require action by the Governor.

HM4/SM3: Opposition to Citizens United Ruling (Stewart/Fischmann)
These memorials 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. HM4 and SM3 urge Congress to propose a constitutional amendment that would effectively overturn the ruling. HM4 passed the House (38-29), and SM3 passed the Senate (20-9). Memorials and resolutions do not require action by the Governor.

PRO-CONSERVATION legislation that PASSED but was not enacted:

SB9: Corporate Tax Rates & Combined Reporting (Wirth)
By requiring that corporations doing business in New Mexico file either a consolidated or combined tax return, SB9 ensures that big corporations pay their fair share of taxes in New Mexico—leveling the playing field for our local businesses. Unfortunately, SB9 was amended to narrow its scope to only apply to ‘big box’ retail stores—not oil and gas, mining, or other major corporations. However, it is still an important step forward for tax fairness. SB9 passed both the Senate (28-13) and House (36-33), but was vetoed by the Governor.

PRO-CONSERVATION legislation that DID NOT PASS:

HB34: Rulemaking Requirements (Gentry/Keller)
The product of intensive negotiations among diverse constituencies, agencies, and other interests, HB34 represented a consensus approach to enacting consistent procedures for administrative rulemaking that best served the public interest. HB34 died in the Senate Judiciary Committee.

HB35: Public Meeting Agendas 72 Hours Prior (JE Smith)
New Mexicans face a number of barriers to getting actively involved in public policy. HB35 would have addressed one such obstacle by amending the Open Meetings Act to require that agendas for public meetings be available 72 hours in advance, except in the case of emergencies. HB35 passed the House (57-9), but died on the Senate floor calendar.

HB119: Local Government Energy & Infrastructure Audits (Vigil)
HB119 would have helped entities access funding through the local government planning fund for conducting energy audits—a critical first step in investing in energy efficiency measures to reduce long-term utility costs. HB119 was never ruled ‘germane’ to the short legislative session, so died in the House Rules Committee.

HB142: Tax Deductions, Rates and Exemptions (Egolf)
This measure would have used adjustments in the rates of natural resource taxes—making them more consistent and equitable, with minor increases in effective tax rates—to fund Governor Martinez’s proposed gross receipts tax (GRT) deductions for “small businesses”. We agreed with LFC’s analysis that a sunset provision should be applied to the GRT deductions. HB142 died in the House Business and Industry Committee.

HB174: Oil, Gas & Mineral Tax Changes (El Chavez)
HB174 sought to raise desperately needed revenue by trimming the deductions allowed for royalty payments and taxes on oil, gas and minerals. In doing so, the measure would have also made the effective tax rates for oil and gas more equitable (under current law, the effective tax rate for oil is lower than for natural gas; HB174 came closer to parity between the two rates). HB174 died in the House Energy and Natural Resources Committee.

SB85: Rio Grande State Park Expansion (Eichenberg)
SB85 would have facilitated—but didn’t mandate—active collaboration between the Energy, Minerals & Natural Resources Department and agencies and organizations partnering on an urban national wildlife refuge adjacent to Rio Grande Valley State Park. SB85 passed the Senate (36-0), but died on the House floor calendar.

SB264: Incrementally Increase Gas Taxes (Ortiz y Pino)
This measure would have applied modest increases to the gasoline and special fuel excise taxes over the coming three years. Perhaps most importantly, starting in 2015, the tax rates on these fuels would have been properly indexed—offering predictability and an objective, standardized mechanism for establishing the appropriate rates of taxation. SB264 died in the Senate Finance Committee.

SB268: Green Industry Severance Tax Investments (E Griego)
This bill would have authorized the state investment officer to invest money from the severance tax permanent fund in New Mexico’s green industries, up to an initial cap of 2% of the market value of the fund. SB268 would have sent an important signal about the importance of investing in New Mexico’s green industries to support our economy and environment. SB268 was never ruled ‘germane’ to the short legislative session, so died in the Senate Committees’ Committee.

SB300: Allow EMNRD to Ban Fireworks (P Griego)
When necessary because of extreme fire risk, SB300 simply would have authorized the state government to issue temporary emergency rules restricting or banning the use of fireworks. SB300 died in the Senate Corporations Committee.

SJM14: Universities to Study Economic Development (Fischmann)
Given the complexity of the debate over sound tax policy for New Mexico, it seems prudent to marshal the best resources available to tackle the problem. SJM14 would have requested that the Legislative Finance Committee, Higher Education Department and the state’s three research universities work together to make recommendations on how best to use university expertise to analyze proposals for economic development incentives. SJM14 died on the Senate floor calendar.

SJM22: Expand Federal Radiation Worker Compensation (Ulibarri)
SJM22 would have encouraged the congressional delegation to support federal legislation sponsored by US Rep. Ben R. Lujan and US Sen. Tom Udall to expand compensation under the Federal Radiation Exposure Compensation Act for individuals exposed to radiation. SJM22 passed the Senate (39-0), but died on the House floor calendar.

SJM24: Oppose Citizens United Ruling (E Griego)
Similar but not identical to HM4 and SM3, SJM24 opposed the Supreme Court ruling in Citizens United, and would have requested that Congress pass a constitutional amendment and send it to the states for ratification. SJM24 died in the Senate Judiciary Committee.

SM16: Study ABQ-Bernalillo Water Authority (McSorley)
SM16 would have requested that the mid-region council of governments convene a task force to study the ability of the Albuquerque-Bernalillo County Water Utility Authority to accomplish its required duties and responsibilities, and make recommendations to the appropriate interim committee by November 2012.  SM16 died in the Senate Conservation Committee.

NOTE: Pro-Conservation AMENDMENT:

HB70/SB23: Uranium Hexafluoride Gross Receipts (Trujillo/Leavell)
Although HB70 and SB23 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. 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.

ANTI-CONSERVATION legislation that PASSED:

A number of measures posed great risks to New Mexico’s natural resources – by subsidizing polluters, removing regulations, or encouraging activities that threaten our environment. We urged all of our Representatives and Senators to OPPOSE these measures, and we are pleased to report that they were DEFEATED.

ANTI-CONSERVATION legislation that DID NOT PASS:

HB248: Access to Federal Land Water Rights (JC Hall)
HB248 would have granted ranching permittees on federal lands rights of way to access stock tanks where they have been given water rights. This bill attempted to supersede federal law by granting a right that state government has no authority to grant. This bill exacerbated existing conflicts between permittees and the federal government regarding rights on federal public lands. HB248 died in the House Rules Committee.

HB252: Solid Waste Act Public Hearings (Taylor)
HB252 was originally introduced as a companion (identical) bill to SB164, which significantly weakened the public hearing process for landfill permits. However, several parties negotiated an acceptable compromise that was represented in the committee substitute that emerged from House Energy & Natural Resources Committee. HB252 was substituted to address our concerns, and CVNM withdrew our opposition.

SB22: Regulatory Compliance Estimates (Keller)
Although the intent of the legislation was quite narrow, SB22 as drafted was a sweeping measure requiring cost calculations for “regulatory compliance” with countless rules. Not only did it lack balance—what about the costs to people and the environment of failing to comply?—but it would have also burdened agencies to the point that they could not have fulfilled their core mandates. SB22 was never ruled ‘germane’ to the short legislative session, so died in the Senate Committees’ Committee.

SB36: Transportation Reinvestment Zone Act (Eichenberg)
SB36 was a variant of tax increment for development districts (TIDDs), with which this legislature has struggled over the years. In this version, private developers were no longer formal applicants for financing bonds—it would now be the purview of local governments. However, the result of this measure would still have have been a massive transfer of gross receipts tax revenues from the general fund (critical operation and maintenance costs), to projects best funded through bond issues or severance taxes. Moreover, the bill had no restrictions on the geography of a reinvestment zone, so it would have almost certainly been used to fund infrastructure for major sprawl developments, which only underwrites the costs to which developers would otherwise have to contribute. SB36 died in the Senate Finance Committee.

SB104: Use Of Conservation Tax Credit Water (Ryan)
As introduced, SB104 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 be paying an individual to reallocate water instead of conserving it. SB104 was substituted to address our concerns, and CVNM withdrew our opposition.

SB164: Solid Waste Act Public Hearings (P Griego)
As introduced, SB164 would have significantly weakened the public hearing process for landfill permits. However, several parties negotiated an acceptable compromise to SB164, the companion bill, which emerged as a Senate Finance Committee substitute. SB 164 was substituted to address our concerns and CVNM withdrew our opposition.

SB199: Expedite Energy Transmission Line Siting (P Griego)
There are plenty of reasons to be concerned about expediting approval processes for projects as complex and multi-jurisdictional as transmission lines; however, their very complexity is what makes the existing, admittedly burdensome process a barrier to enhanced renewable energy transmission. There were concerns with the bill as drafted—specifically over approval of the transmission coordinator and override of local planning, zoning and ordinances. SB199 died in the Senate Corporations & Transportation Committee.

SB200: Land Conservation Tax Credit (P Griego)
Tax credits for land conservation are one of the best examples of win-win: land-rich but cash-poor landowners and farmers can keep their properties in agricultural production or protected as open space, while New Mexicans benefit from all of the advantages of that conservation—from wildlife habitat to water filtration. SB200 would have amended the existing tax credit in ways that would have virtually eliminated any meaningful projects. SB200 died in the Senate Corporations & Transportation Committee.

SB241: Natural Gas Sale Gross Receipts (Munoz/Gentry)
SB241 would have provided an unnecessary tax deduction on the sale of natural gas to power plants. Not only are we experiencing tight budgets and across-the-board belt tightening, but taxpayers should not be further subsidizing the use of fossil fuels. SB241 died in the Senate Finance Committee.

SB247: Heavy Rail Mass Transit Tax & Fund (Munoz)
This measure imposed an excise tax on residents of counties served by the RailRunner, ostensibly to pay for the operation and maintenance costs of the system. New Mexico already lags far behind almost every other state in the country on funding for mass transit, with no source of dedicated state funding at all. Every New Mexican benefits from cleaner air, reduced wear-and-tear on our roads, and increased tourism spending as a result of the RailRunner; our funding policy should reflect that. SB247 died in the Senate Corporations & Transportation Committee.

SB257: Rulemaking Procedures & Impact Statements (Boitano)
First of all, this measure conflicted with HB34—co-sponsored by Sen. Keller and Rep. Gentry—a consensus bill among business, industry, public interest advocates and state agencies that reforms our rulemaking procedures to provide more consistency and transparency. SB257, on the other hand, would have established procedures that are burdensome for agencies, especially at a time when their budgets are being slashed and vacancies aren’t being filled. SB257 died in the Senate Judiciary Committee.

HM12: No Federal Wilderness Near Border (Nunez)
A fairly transparent attempt to undermine federal legislation introduced by Senators Bingaman and Udall, HM12 sought to prevent protection of the wild lands of Doña Ana County as federal wilderness areas—something strongly supported by most residents of the county. HM12 died in the House Energy and Natural Resources Committee.

SJM20: Energy Industry For State Economic Development (B Sanchez)
Despite ample public opposition to increasing production of fossil fuels, SJM20 would have promoted expansion of dirty energy sources. The dangers of our reliance on fossil fuels are well-demonstrated: contaminated air, unsafe water, and the threats of climate change that are already exacerbating our droughts and wildfires. SJM20 died in the Senate Rules Committee.

SJR11: Protection of Right To Hunt & Fish, CA (Munoz)
While we agree with the spirit of protecting the right to hunt and fish, this constitutional amendment—if passed by the voters—would have changed the delegated authority of the Game Commission from "shall" to "may" in regards to rulemaking.  This would mean that the legislature could be forced—without the time or the expertise to hear and weigh hours of public testimony—to make such wide-ranging decisions as how many hooks to allow on one fishing line, the start and end dates for specific hunts, and closing a "unit" due to a decline in herd size.  While we don't always agree with the actions of this Commission, these are exactly the types of decisions that the Game Commission was established to consider. SJR11 died in the Senate Rules Committee.

SM40: Study Natural Gas Power Plants (Munoz)
At a time when one of the fastest-growing sectors of New Mexico’s economy is clean energy and technology, the last thing we should be considering is the addition of five new fossil-fueled power plants. SM40 died in the Senate Rules Committee.

SM49: Study NM Rare Earths Industry (Sharer)
The rare earths industry in China has caused tremendous environmental devastation—so much so that the government is clamping down. In fact, in the body of this memorial, it noted that enforcement of China’s environmental laws was one of the reasons that there was an opportunity to explore an industry to exploit New Mexico’s rare earths. SM49 died in Senate Rules Committee.

SM50: No Additional Wilderness Near Pecos (P Griego)
SM50 opposed federal designation of more wilderness areas near the Pecos; however, the federal government generally defers to local preference regarding designation. If the residents of the area strongly oppose designation, then it is extremely unlikely to happen. However, if this memorial would have passed, it may have indicated a level of opposition that is not in evidence—preventing a designation that the residents of the area actually favor. SM50 died in the Senate Rules Committee.