the
session
February 2014 13
THE GOOD,THE BAD, THE UPCOMING
ENVIRONMENTAL LEGISLATION
Some Bad ENVIRONMENTAL BILLS A large number of bills always attempt to roll back environmental and public health protections. This session will be no different. At this point, however, little is known about specific bills. Here is some of what we expect.
MICHAEL JENSEN, MIDDLE RIO GRANDE PROJECTS DIRECTOR, AMIGOS BRAVOS he New Mexico Legislature has a short (30-day) session this year. Topics are limited to those dealing with the fiscal needs of the state or that have some other budgetary implications, along with items put forward by the Governor’s Office. Closing date is February 20. BY
• “RIGHT TO FARM” ANTI-NUISANCE – Representative Yvette Herrell is sponsoring HB5, which would make it impossible for any agricultural operation or facility to be declared a private or public nuisance. The bill states that any local government ordinance or resolution that declares an agricultural operation or facility a nuisance or seeks to impose abatement of the nuisance is not applicable to any agricultural operation located within the corporate limits of any municipality as of April 8, 1981, even if the operation expands or adopts new technology.
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ENVIRONMENTAL LEGISLATION Already some information is available on bills that deal with the environment—both good and bad. Some pieces of legislation have already been pre-filed and other information comes from discussions at various legislative interim committee meetings over the year and from discussions with individual legislators by various groups in the environmental community. Good Water LEGISLATION • HEADWATER PROTECTION – Audubon New Mexico and Senator Tim Keller are working on a bill to help conserve and restore headwater streams by requiring “Origin of Water/Headwaters Transfer Transparency.” The bill will outline the types of analysis and disclosure (such as use, amount and duration) of inter-basin water transfers and establish public legislative oversight for larger transfers. • RIVER STEWARDS – In August 2013, Governor Martinez announced her intent to request that the Legislature support a state-funded river restoration effort called the River Stewards Program. The program request is for $1.5 million from capital outlays to fund restoration projects that focus on critical needs, including impacts from wildfires, protecting drinking water supplies, and improving urban water quality and habitat. • RAINWATER HARVESTING – Senator Keller is sponsoring SB16, which provides for a rainwater harvesting credit for up to 20% to taxpayers who purchase and install a certified water harvesting system after January 1, 2014, and before December 31, 2024. Other Good ENVIRONMENTAL LEGISLATION • SOLARIZE SANTA FE COUNTY FIRE STATIONS – New Energy Economy is working to get funding to solarize Santa Fe County fire stations. Savings on utility bills will allow stations to spend more on fire safety equipment.
• HEALTH IMPACT ASSESSMENT – Senator Tim Keller is sponsoring SB48, which would require that the Secretary of the NM Environment Department establish a health impact assessment program to promote healthy communities, eliminate health disparities among communities and protect the human environment. • BEAVER MANAGEMENT PROGRAM – Senator Keller is sponsoring a memorial, SM4, which would ask relevant state agencies to develop a comprehensive beaver management program. Beaver management is a critical piece of the state’s water management system, stream flow, and related timber and agriculture efforts. Dams, ponds and associated wetlands created by beaver increase groundwater percolation, attenuate harmful effects associated with heavy rainfalls and sudden snowmelts, enhance downstream water quality; and—during extended periods of drought—enhance the resiliency of riparian zones. • STUDY ACQUIRING “DISPOSAL” FEDERAL LANDS – Senator Michael Sanchez is sponsoring SB1, which asks that the Legislature appropriate $250,000 from the general fund to the State Land Office (SLO) to assess the feasibility of acquiring certain federal Bureau of Land Management (BLM) lands. The BLM is assessing its holdings to determine which lands are suitable for “disposal” and the SLO wants to evaluate which of the “disposal” lands have the potential for generating revenue for the State and make sure that these lands stay within the public domain.
PROTECT THE GILA RIVER! NM WILDERNESS ALLIANCE ACTION ALERT! SIGN THE PETITION THE GILA RIVER IS NEW MEXICO’S LAST FREE-FLOWING RIVER. Originating in America’s first wilderness area, the river is rich in biological diversity and cultural history. The Gila’s natural flows support outstanding examples of southwest riparian forest, the highest concentrations of breeding birds in America, including the endangered southwestern willow flycatcher, a nearly intact native fish community, including the endangered loach minnow and spike dace, and the threatened Gila trout. The Gila provides significant economic value to the region through outdoor recreation and wilderness experience. In 2004, Congress passed the Arizona Water Settlements Act (AWSA) that authorized diversion of the Gila River if New Mexico agreed to buy water from Arizona to replace what is taken out of the river. The AWSA provided $66 million for community water projects to meet local water needs and a perverse incentive of up to $62 million more if New Mexico elects to divert the Gila River. Proposed Gila River diversion projects may cost up to $300 million, leaving New Mexico taxpayers responsible for the balance—$200 million or more.
A Gila River diversion project is unnecessary, expensive and will harm the Gila River. An overwhelming majority of New Mexicans believe we should use our current water supplies more wisely and protect the Gila River for people, wildlife and future generations. Southwestern New Mexico’s future water needs can be met cost-effectively through non-diversion alternatives, such as municipal and agricultural conservation, sustainable groundwater management, effluent reuse and watershed restoration. TELL GOVERNOR SUSANA MARTINEZ to support cost effective, non-diversion alternatives to meet southwest New Mexico’s future water needs. Sign the petition at www.pro tectthegila.org/. For more information and to find out how you can help go to www.protectthegila.org. To make a donation to NM Wilderness Alliance or find information on their winter hikes and activities go to www.nmwild.org.
• WEAKEN FINANCIAL ASSURANCE REQUIREMENTS FOR MINING – Herrell will sponsor a bill that will weaken the financial assurance mine owners and operators must have under the NM Mining Act. Financial assurance is required in order to make sure that mine operators and owners have enough resources to clean up a mine site once activities have stopped. • WEAKEN THE WATER QUALITY ACT – Representative Herrell is expected to sponsor legislation that would allow groundwater contamination for all industries across the state. During development of the new Copper Mining Rule, the Martinez Administration and the NM Environment Department completely adopted the position of Freeport McMoRan, the world’s largest copper mining company. The draft Rule for the first time explicitly allows copper mining operations to deliberately contaminate groundwater and not initiate mitigation or cleanup efforts until the contamination has migrated beyond the border of the mine site. The Copper Rule will definitely wind up in the courts; this legislation would seek to short-circuit the appeals process. • URANIUM – An effort will be made to make it official policy of the state to promote new uranium mining. Supporters of this legislation will try to argue that new uranium mining revenue for the state can be used to clean up all the contamination from past uranium mining. PROTECT NEW MEXICO Conservation Voters of New Mexico (www.cvnm.org) has created a website where people can track legislation during the session. The website is Protect New Mexico: www.protectnewmexico.org. Users can identify issues and bills that matter to them and create a user-specific list of bills to track. People should make sure they are on the listservs of environmental organizations they support and check out their recommendations on legislation to support or oppose. Consider volunteering to make calls, write emails, contribute an OpEd or Letter to the Editor, or other activities. Get to know your state senators and representatives and let them know you’re paying attention. Conservation Voters publishes an annual Legislative Scorecard showing how state legislators voted on key environmental legislation. You can also get information from the New Mexico Legislature website: www.nmlegis.gov/lcs. The Legislature also provides webcasts of hearings through the site. For more information, contact Michael Jensen at mjensen@amigosbravos.org.
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the 24th annual Earth Fest at the Nob Hill Co-op
Celebrate the
EARTH H
April 27, 10am-6pm AT YOUR CO-OP!