SCHOOL LEADERSHIP MATTERS
– MORE SUPPORT FOR PRINCIPALS ON THE MOVE
House Bill 157, sponsored by Reps. Joy Garratt (D-Bernalillo), Brian Baca (R-Valencia) and Raymundo Lara (D-Doña Ana), has as its goal achievement of nationally recognized best practices for principal (and superintendent) training, development and mentorship. A principal must lead a culture of learning, and with the right training and support, New Mexico can achieve a consistency of leadership. Turnover among principals is very high due to a number of factors, including lack of preparation for leadership and local support.
The Chamber has long advocated for exactly this kind of change. Through a grant from the Thornburg and Los Alamos Laboratory foundations, the Chamber engaged Education Research and Development, a nationally recognized group of experts, to prepare a report on school leadership, and many of those recommendations are included in HB 157. Michael Dabrieo from the Los Alamos Laboratory foundation has done “yeoman’s work” this session on this bill. Thank you, Mike!
HB 157 now heads to the Senate Finance Committee. This bill is one of the things we can do to have a major impact on student outcomes. We appreciate the dedication of Rep. Joy Garratt (D-Bernalillo) who has worked with all of us on this bill. We’re almost home, Rep. Garratt!
SENATE PASSES MAJOR WATER BILL, NOW IT’S HEADED TO THE HOUSE
The Senate floor debated Majority Leader Peter Wirth’s (D-Santa Fe) Senate Bill 21, Pollutant Discharge Elimination System Act, tonight.
The bill has been controversial as it’s run its course through the Senate. In 2023, the U.S. Supreme Court issued the Sackett decision that ended federal Environmental Protection Agency regulation of surface waters that are not flowing waters – in other words, all our dry arroyos and intermittent streams and rivers. Wirth estimates that 90% of waterways in the state are unregulated at this point. His solution is Senate Bill 21, which would have the state take over the administration of surface water regulation from the federal government.
The Senate adopted several amendments offered by Minority Leader Bill Sharer (R-San Juan). Wirth deemed every amendment friendly, setting the stage for each amendment to pass by unanimous voice votes.
One amendment added in definitions to clarify terms within the bill. Those definitions were negotiated by the Environment Department with members of industry, so it is a move in a better direction for business.
Another amendment clarifies that the Oil and Gas Division will continue to retain authority over oil field activities that do not otherwise require a permit. That was a major sticking point for industry, and the Chamber spoke out against the change that would have given greater power to the Environment Department.
Sen. Larry Scott (R-Chaves, Eddy & Lea) brought up serious concerns with how much this sweeping new state program would cost. Wirth says it’s estimated to cost $8 million a year with 50 new employees once the program is fully implemented in 2028. Scott expressed his concern about the impact on small business, saying, “…our small businesses in this state mostly don’t do well enough to be able to absorb additional discharge permit fees, and that is a significant concern of mine.”
Wirth responded, “One of the issues that we’re going to need to decide is would we like the cost here in New Mexico to be zero? And I think some states have done that. Some states have a hybrid, where it’s done through a fee plus some general fund. Some states do it all with a fee. The way this was initially drafted was all with a fee. We made sure to make an amendment to change that, so that is something” we’ll all need to decide.
And with that, the bill passed 25-16 along straight party lines. It now goes to the House. We’ll keep watch and let you know what happens next.
STRATEGIC WATER PLAN MOVES TO THE HOUSE FLOOR
House Bill 137, sponsored by Rep. Susan Herrera (D-Rio Arriba, Sandoval, Santa Fe & Taos), gained a “do-pass” recommendation from the House Appropriations and Finance Committee today. The vote was 10-4. The bill has now cleared its final House committee and will next be considered on the House floor. The Chamber and others had been opposed to the measure because it had included a new tax on oil-field-produced water. However, a new version of the bill removed all reference to produced water, including the tax. This change allowed the Chamber to support what has always been a good idea.
Terri Cole, Chamber president and CEO, had these remarks in favor of the bill:
“The Chamber very much supports the goal of creating a strategic water supply in order to improve the state’s drought resilience and for use in developing green energy. New Mexico has the most brackish water in the nation – almost as much water as in Lake Superior. Our neighbors in El Paso have been processing brackish water since 2007 with no health or safety issues. We need the research and development as well as aquifer characterization provided in this legislation. We also need to get some projects off the ground. Please approve HB 137.”
There were a wide range of supporters for the bill and little opposition. Removal of produced water from consideration has calmed many environmental organizations that formerly were against the program.
The purpose of the bill is to accelerate the use of brackish (salty) water found in deep aquifers. The town of Cuba, for example, is facing dire water shortages and is preparing to install a desalination (de-sal) plant. The bill is aimed at helping fund these kinds of projects and advance scientific work at New Mexico Tech and New Mexico State University. Tech is working on characterizing aquifers throughout the state – geological mapping to understand possible effects of tapping brackish aquifers. NMSU is working on how to improve treatment technology.
El Paso has been desalinating brackish water since 2007, as have many towns throughout Texas and the world, for that matter. The Kay Bailey Hutchinson Desalination Plant, the largest inland de-sal plant in the world, produces 27.5 million gallons a day of potable water, and there are plans to expand the plant to 42 million gallons per day. That would be enough to serve nearly 300,000 residences. The plant is described as cost-effective because a mineral processing plant is situated next door that buys the byproducts, contributing revenue to the cost of the de-sal treatment plant. Also, yesterday a huge computer facility was announced in Santa Teresa that will bring $5 billion in investment and 1,000 jobs. This facility will construct a de-sal plant to meet its operational needs.
The bottom line is there are existing cost-effective desalination options available right now. Through expanded research and development, costs can be reduced further – like we’ve seen with wind energy, for example. In fact, treated brackish water could be a great to use for renewable energy manufacturing. Forty-million dollars has been set aside in the budget bill to get this initiative started. It’s a wise investment to improve our state’s drought resilience and ensure we can remain competitive in attracting and expanding businesses – it’s a win on several fronts.
A FLURRY OF ACTION – CHAMBER LAYS OUT SESSION
HIGHLIGHTS AND LOWLIGHTS
At the Chamber’s annual legislative session luncheon today, President and CEO Terri Cole gave a mid-session legislative update. She presented highlights and lowlights of the session so far and looked ahead to the last three frantic weeks remaining. Terri pointed out the need for more action on public safety, including these bills:- Juvenile justice reform to address violent crimes committed by youthful offenders.
- Expand the crimes that can be prosecuted using racketeering laws like drug dealing and human trafficking.
- Increase sentences for felons who commit subsequent crimes using a firearm.
- Increased penalty for drug trafficking resulting in death.
- Pretrial detention for violent criminals who commit a subsequent crime to be held in custody pending trial.
- Clarity for the definition of “harmful to self” and “harmful to others.”
To see Terri’s complete presentation, click here.
DOCTOR LOAN REPAYMENT- MAKING NM
COMPETITIVE FOR MEDICAL TALENT
What do you get when you graduate from medical school, finish your internship and residency? A license to practice medicine and a mountain of debt. Depending on one’s area of practice, that mountain can be between $200,000 and $600,000. Many states are offering big loan repayment incentives to attract physicians to their states. Some will repay the entire amount in exchange for a commitment to practice in that state for a number of years. New Mexico has a loan repayment program for all health care professionals, but it’s only $25,000 per year for three years – a total of $75,000 – so it’s really not competitive.
Sen. Craig Brandt (R-Sandoval) wants to get us into the attracting-physicians game. His Senate Bill 411 would offer $75,000 per year for a maximum of $300,000 over four years for physicians practicing in designated professional shortage areas. The fact is that most of the state is a professional shortage area. However, this incentive could attract doctors to more rural areas, particularly if they’re native New Mexicans. Brandt used one of the best lines we’ve heard in presenting his bill to the Senate Education Committee: “This is a great bill.” And that’s that! The committee gave an 8-0 “do-pass” recommendation after hearing a lot of support and no opposition. J.D. Bullington was on hand to deliver the Chamber’s support:
“Our state, along with many others, is facing a critical shortage of doctors. We need this legislation to become competitive against what other states are offering. Our quality of life is greatly diminished when you can’t get an appointment to see a doctor. This bill, along with other needed incentives, will go a long way in closing the physician shortage gap. We urge you to support SB 411.”
Also lending support was the University of New Mexico. The bill now heads to the Senate Finance Committee. HB 411 seeks a $15 million appropriation, which is not (yet) included in the budget bill (HB 2) now before SFC. It’s a wonderful time to find the $15 million and sweep it into HB 2! We’ll keep you informed.
VOTE ON MISGUIDED NURSE-PATIENT RATIO
MANDATES DELAYED UNTIL FRIDAY
The House Judiciary Committee on Wednesday afternoon met for just under two hours to hear House Bill 72, Nursing Staff-to-Patient Ratios, sponsored by Rep. Eleanor Chávez (D-Bernalillo).
The bill directs the Health Care Authority to develop rules to create and enforce minimum nurse-to-patient staffing ratios for hospitals. The authority is authorized to waive staffing requirements for rural general acute care hospitals, while certain exceptions to the staffing ratios are granted. It would also create the staffing advisory committee.
Chávez began with a committee substitute with many definitions to what critical care is, as well as what defines rural. The substitute also had a committee called the Hospital Network Committee that would be established by each hospital across their network.
Adrian Gomez, SVP of policy and programs at the Greater Albuquerque Chamber of Commerce, testified in opposition for the Chamber and Gallup-McKinley Chamber of Commerce by saying:
“While the chambers appreciate the goals behind HB 72, striving to prevent nurse burnout and deliver higher-quality care, the reality in our state, as in states throughout the nation, is a severe nursing shortage. And the No. 1 consequence of this legislation will be less care for more New Mexicans.
“For New Mexico’s patients, mandating staffing ratios when you are facing a staffing crisis is the wrong move at the exactly wrong time. And turning staffing decisions over to someone miles away, or embracing a one-size-fits-all approach, disregards the complexity of these decisions.
We respectfully ask you to vote against HB 72.”
Joining the Chamber in opposition were:
- Christus Health System
- New Mexico Hospital Association
- San Juan Regional Medical Center
- New Mexico Chamber of Commerce
- University of New Mexico Hospital
- Sierra Vista Hospital
Many of the committee members were happy with the work going into the committee substitute, as some of the changes were responsive to their concerns. However more than a handful had concerns about the bill itself, and more than once the question came up, “Why don’t we graduate more nursing students?”
Like other legislators, Rep. Andrea Reeb (R-Chaves, Curry & Roosevelt) had a concern about the effect on rural hospitals.
“I understand the waiver attempt (for rural hospitals), but it’s the language in there that concerns me,” Reeb said. “The concern I have is for the rural areas where I am in Curry and Roosevelt counties and those hospitals (there). Having Cannon Air Force Base, they have to drive to Lubbock or Amarillo where they can get all the care. If we lose that health care (in our community), it’s going to be just devastating for our base, if these ratios are put into effect.”
With many amendments to the committee substitute, Committee Chair Rep. Christine Chandler (D-Los Alamos, Sandoval & Santa Fe) decided to roll the vote to Friday and not take additional public comment in order to give the sponsor time to clean up the committee substitute.
We’ll be watching for the vote on Friday.
PHYSICIAN ASSISTANT LICENSING COMPACT
ADVANCES WITH ZERO CRITICS
On Wednesday morning, the House Health and Human Services Committee heard House Bill 413, Physician Assistant Licensure Interstate Compact, sponsored by Rep. Gail Armstrong (R-Catron, Sierra, Socorro & Valencia).
The bill enters New Mexico into the Physician Assistant Licensure Interstate Compact for the purpose of strengthening access to medical services and enhancing the portability of a license to practice as a physician assistant. The Physician Assistant Licensure Compact Commission would serve as the national administrative body.
Adrian Gomez, SVP of policy and programs for the Greater Albuquerque Chamber of Commerce, testified in support of the bill by saying:
“Making it easier for licensed providers in other states to treat New Mexicans – be it in person or in a telehealth setting – is a real way to get more New Mexicans the care they need, and address the lack of providers while at the same time encouraging them to practice in, perhaps even move to, our state.
“With New Mexico entering the Physician Assistant Licensure Interstate Compact, it would require a licensee to get certified in NM – guaranteeing that the PA would function within the laws and regulations of New Mexico. The Chamber is pleased to support this bill as it aims to bring more care to New Mexicans, and we ask you to vote to pass it.”
Also in support of the bill were the Council of State Governments, Department of Defense State Liaison Office and New Mexico Chamber of Commerce.
There was no opposition to the bill.
With that, a “do-pass” motion was approved on a 7-0 vote. The bill now moves to the House Judiciary Committee.
MENTAL HEALTH EDUCATION PASSES 1ST VOTE
The Chamber was in the House Education Committee this morning to support a bill that could help get New Mexico back on the road to better behavioral health care.
Rep. Joanne Ferrary (D-Doña Ana) presented House Bill 375, Graduate Behavioral Health Scholarship Act this morning and secured a 7-3 “do-pass” vote. The three Republicans all voted no. The bill heads to the House Appropriations and Finance Committee next.
Enrique C. Knell supported the bill on behalf of the Chamber:
“The Chamber has advocated this entire session for policies, programs and investments that make New Mexico more competitive with states around us. HB 375 helps get us there. This proposal is a strong effort to train more behavioral health professionals by paying stipends for their tuition but then following up by keeping them in our state serving New Mexicans.”
HB 375 creates a new scholarship to pay tuition and fees for full-time graduate students studying to become behavioral health professionals in the fields of counseling, psychiatric nursing, nurse practitioner or physician assistant in addiction medicine, psychology and social work. Scholarship recipients must commit to practice in New Mexico for the same number of years that they received the scholarship.
The bill comes with a carrot and a stick. The carrot is the tuition help to pay for a graduate degree. And the stick is that recipients have to pay the scholarship back if they don’t fulfill their promise to work in New Mexico for the set amount of time.
A handful of representatives had some pointed questions about the bill. Rep. Brian Baca (R-Valencia) likes the carrot but not the stick. He said the provision forcing students to “pay back” the scholarship by working in New Mexico for a set number of years makes him less likely to support the bill. He is uncomfortable with the precedent that sets, given other programs like the Opportunity Scholarship don’t have similar “payback” provisions.
It all depends on your perspective – Is this an education or a workforce bill? The concept of committing to work in underserved areas in exchange for a credentialing is not new. For example, Teach for America places students in under-resourced public schools for two years in exchange for teaching credentials. Senate Bill 411 sponsored by Sen. Craig Brandt (R-Sandoval) allows for loan repayment for physicians — as long as they work in New Mexico in a Health Professional Shortage area.
Rep. Joy Garrett (D-Bernalillo) is concerned about whether the budget bill will come with funding for this program. The bill heads to House Appropriations next, so that’s a perfect place to figure that out.
Some members of the panel mused about restricting the scholarship program only to New Mexico residents. Ferrari and her expert witness explained that the bill is also meant to attract out-of-state students who can receive their master’s degree in New Mexico and perhaps make their living here. They used the University of Texas at El Paso as an example; it wouldn’t be a stretch for those students to cross over into our state, earn their advanced degree, then serve patients here for several years.
HB 375 is another solid building block in our state’s behavioral health system. We’ve told you about Senate Bills 1, 2, and 3: they’re a comprehensive and bipartisan effort to rebuild our behavioral health system (SB 1 and 3 are on the governor’s desk and should be signed in the coming days; SB 2 is baked into the budget bill).
A key part of repairing our behavioral health system is talent. Just like any business plan, you need the people to execute it and make everything work. HB 375 helps us train people and deploy them within the state to provide the mental health support we need so badly.
We’ll let you know how this bill progresses.
ANOTHER HEALTH CARE COMPACT ON THE MOVE
House Bill 82, sponsored by Rep. Elizabeth “Liz” Thomson (D-Bernalillo), would enter New Mexico into the Physical Therapy Licensure Compact (PT compact) to “facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. Compacts allow out-of-state providers to practice without having to undergo each state’s licensing process. However, the state retains regulatory authority. The House approved the measure 66-0, sending it to the Senate.
Thomson, a retired physical therapist, has stated that our state is short 600 physical therapists and the University of New Mexico graduates 31 or 32 a year. “At that rate, if no one retires or leaves the state, we’ll catch up in 20 years.” Previously, a Santa Fe physical therapist testified that at her six-provider practice it “takes months or years to hire” someone, and not being in the compact “is a deal-breaker” for many applicants. They now have a three-month waiting period for an appointment and are not accepting new patients. Thomson pointed out that the shortage of physical therapists is equal to that of nurses.
Here’s to the Senate (and House) making quick work of this and other health care compacts and getting them to the governor!
TRADE PORT BILL SAILS THROUGH
TO THE HOUSE FLOOR ON A 10-0 VOTE
Also Wednesday morning, the House Taxation and Revenue Committee heard House Bill 19, Trade Ports Development Act, sponsored by Rep. Patty Lundstrom (D-McKinley).
The Trade Ports Development Act promotes economic development and enhances supply chain resiliency by enabling the creation of districts in the state with multimodal systems and facilities to efficiently manage cargo and its movement between locations. The trade ports would be supported by a Trade Ports Development Fund consisting of a monthly distribution from Gross Receipts Tax revenues and a distribution from Motor Vehicle Excise Tax revenues.
The Chamber showed its support for the bill by saying “The purpose of a trade port is to provide essential infrastructure and services to handle various types of cargo, including bulk commodities, containerized goods and liquid cargo. We support Rep. Lundstrom’s goal, which is to make New Mexico more than just a bridge state. HB 19 will help communities across the state, which makes New Mexico more competitive.”
The bill was amended during its last committee meeting and Committee Chair Rep. Derrick Lente (D-Rio Arriba, Sandoval & San Juan) said the intent was not to have a full hearing again on the merits and noted there is money appropriated in House Bill 2 for the initiative.
Rep. Sarah Silva (D-Doña Ana & Otero) asked Lundstrom what the amendment was.
Rep. Lundstrom said the amendment included some information the unions requested to ensure the P3 component was what they wanted to see and falls in line with the trade port project.
House Bill 19 as amended passed with a vote of 10-0. It will now head to the House Floor.
PROTECTING CONSUMER INFORMATION
Rep. Linda Serrato (D-Santa Fe) today presented House Bill 410, Consumer Info & Data Protection Act, before the House Commerce and Economic Development Committee. The committee ultimately postponed a vote on the bill until next Monday to give Serrato time to amend the bill to address committee concerns.
HB 410 prohibits businesses that conduct operations in New Mexico or offer products and services targeted to residents from providing employees or contractors access to consumer health data unless that individual is contractually or statutorily obligated to confidentiality.
The bill restricts businesses from providing a processor (an entity that processes personal data on behalf of a business) with access to consumer health data and from selling or offering to sell the consumer’s health data without first obtaining the consumer’s consent.
J.D. Bullington relayed the Chamber’s perspective:
“All of us would agree that our health data is among the most personal and private information there is. Strong data privacy protections protect consumers and boost their confidence that they are dealing with a responsible business. Establishing uniform rules for data collection and processing will help businesses streamline compliance and avoid legal uncertainty. Also, data security measures can prevent costly data breaches and lawsuits. Having the same data standards weeds out the bad actors and limits gaining competitive advantage through irresponsible data practices.”
The bill also restricts the use of geofencing (a virtual boundary created around a specific geographic area) within 1,750 feet of any mental health facility or reproductive or sexual health facility for purposes relating to data or sending consumer notification regarding the consumer’s health data.
HB 410 grants exclusive enforcement authority to the New Mexico attorney general (NMAG), who may initiate a civil investigation to seek civil penalties of up to $10 thousand per violation and recover litigation fees.
Prior to taking enforcement action, NMAG must provide businesses with a 30-day notice to cure any alleged violations. The bill does not create a private right of action, meaning consumers cannot sue businesses directly for violations, but instead must rely on state enforcement.
Some of the Democrats on the panel want to “strengthen” the bill by creating a private right of action. Basically, they want to grant people the right to sue a business for a data breach. Serrano said she would return to the committee with amendments to her bill.
NEW LEGISLATOR
House
Earlier today, Gov. Michelle Lujan Grisham appointed former Cibola County Commissioner Martha Garcia to represent House District 6.
The District 6 seat became vacant last year when former Rep. Eliseo “Lee” Alcon stepped down for health reasons. Alcon died of cancer Jan. 13.
Garcia was nominated by the McKinley County Commission on Feb. 4.
District 6 includes parts of Cibola and McKinley counties including the Village of Milan, the Pueblo of Zuni and parts of the Navajo Nation.
Garcia has been an elementary school teacher, school administrator and member of the Ramah Navajo School Board.
She is past president of the Ramah Navajo Chapter as well as development officer, and community development director of the 638 Program.
She served as vice chair of the Northwest N.M. Council of Governments.
Garcia is credited with leading the Ramah Navajo Chapter in a 1990 class-action suit against the federal government that awarded settlement funds to various tribes for underpayment of self-determination contracts at the Bureau of Indian Affairs.
Garcia is expected to be sworn in immediately to begin representing House District 6 for the remainder of the current legislative session.
SIGNING OFF FROM SANTA FE
It was a good day for health care and education. Headlining several bills is Senate Bill 411 that would put some of our money where it needs to be – in helping new doctors crawl out from a crushing burden of student debt in return for practicing here. That’s really needed to improve New Mexico’s competitive position vis-a-vis other states.
On the education front, committee approval of the new training, mentorship and experience requirements for school principals in HB 157, a movement we’ve been advocating for years, is very gratifying to see. School leadership matters, and our principals need better support to successfully turn schools around and boost student competency.
And, in case you missed it, today is National Pistachio Day. While California produces 99% of the pistachios grown in the U.S., New Mexico nets $16 million a year from our locally grown nuts (from trees, nuts from trees). It’s also National Tell a Fairy Tale day. We’re not saying there are fairy tales being told in Santa Fe, but we’re not not saying it either. Wishing you a good night until we meet again tomorrow over all the news and views.
