RIO GRANDE CHAPTER, SIERRA CLUB LEGISLATIVE ACTIVIST ALERT 8: WRAP-UP, March 26, 2009

Dear Rio Grande Chapter Legislative Activists, Here is a review of the outcomes of the legislation your calls and e-mails impacted in the 2009 Regular Session:

1. HJM11, a memorial requesting that the NM Environment Department and the Interstate Stream Commission study establishing buffer areas around surface drinking water sources was given a ‘Do Not Pass’ in the House Agriculture and Water Resources Committee (HAGC). Human resource issues at the agencies and regulatory concerns from the agriculture and ranching industries (despite the fact that this was just a study) elicited opposition on the committee and gave the effort new alliance-building goals for our future drinking water protection work.
2. SB379 started off with several sensible regulations for the responsible use of Off-Road Vehicles (ORVs), but under industry and national ORV association lobbying ended up with just one very important improvement over current law and little else. That change took ORV oversight in New Mexico away from the Department of Tourism and assigned regulation of ORV use to the Department of Game & Fish. SB379 awaits the Governor’s expected signature.
3. HJM2, sponsored by Carlsbad representative John Heaton would notify the Department of Energy (DOE) that New Mexico wanted higher levels of radio-active waste to be permitted at the Waste Isolation Pilot Program (WIPP) site. After passing the House, it died in the Senate Rules Committee (SRC).
4. HB163 – CRIMINAL TRESSPASS NOTICE REQUIREMENTS would have strongly limited our ability to access our public lands by weakening the trespass notice requirements for private landowners. With your calls to House Consumer & Public Affairs Committee (HCPAC) members, this bad bill was given a ‘Do Not Pass’ and is gone again – at least for this year.
5. SB249 – TAX INCREMENT DEVELOPMENT PROJECTS would commit $480 million of state funds to sprawl development on Albuquerque’s west mesa. This measure Passed the Senate but Failed the House by the closest of votes. We can expect to see this proposal come back in the future.
6. Landfills in New Mexico pose a huge risk to our groundwater and air quality. Public Landfills re-permit every 20 years; private every 10. HB824 – SOLID WASTE PERMIT FEES in its original form allowed for ‘life-of-facility’ permits – taking the public’s voice right out of the oversight of landfills. A committee substitute in the House Energy & Natural Resources Committee (HENRC) removed ‘life-of-facility’ language, but allowed for 20 year re-permitting cycles for privately owned landfills. This still cut public input in private landfill permitting in half. HB824 Passed the House but Died waiting to be heard in the Senate Conservation Committee (SCONC).

The weak economy, coupled with legislative frustration with the Governor and his Agencies (particularly NMED and EMNRD), resulted in a number of bills designed to stimulate business by reducing regulations and making it easier to operate. Lax regulation means taking many more chances with the quality and safety of our water, air and the neighborhoods and communities we live in. These attempts were blocked with your help.

Proactive environmental legislation, while mainly asking for little or no funding, got only some legislative support and was generally opposed by one industry or another as a threat to the economy. Your calls and e-mails made a real difference in passing SB379 (ORV/OHV regulation from Tourism Department to NM Department of Game & Fish) through the Legislature.

THANKS FOR YOUR ACTIVISM! -Dan

P.S. Please call or e-mail me with any ideas or suggestions to improve these Rio Grande Chapter Activist Alerts!

Dan Lorimier Conservation Coordinator / Lobbyist
Rio Grande Chapter, Sierra Club
daniel.lorimier@sierraclub.org 575.740.2927

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