LEGLISLATIVE ROUNDUP: Vague ‘Green Amendment’ gains a do pass – with ‘No Recommendation’

GOOD NEWS FOR SKI RESORTS: 6 MORE WEEKS OF WINTER!

Yesterday was Groundhog Day. According to the Associated Press, “Punxsutawney Phil saw his shadow Sunday and predicted six more weeks of wintry weather, his top-hatted handlers announced. Phil was welcomed with chants of “Phil, Phil, Phil,” and pulled from a hatch on his tree stump shortly after sunrise before a member of the Punxsutawney Groundhog Club read from a scroll in which he boasted: “Only I know — you can’t trust A.I.” Looks like Phil may be called as an expert witness on pending AI legislation. Who are you gonna trust? Your eyes or the groundhog?!

 

VAGUE ‘GREEN AMENDMENT’ GAINS A DO PASS

– WITH ‘NO RECOMMENDATION’


This morning after extended debate, the House Government, Elections and Indian Affairs Committee gave House Joint Resolution 3, the “Green Amendment” a tepid do pass with no recommendation approval on a straight partisan 6-3 vote, D’s in favor, R’s in opposition. The proposed constitutional amendment seeks to embed vaguely described “environmental rights” into the N.M. Constitution, which would make New Mexico only the fourth state to do so.

Terri Cole, President and CEO of the GACC, supplied the following testimony:

“We appear today in opposition to HJR3. Let me just start with the bottom line: the Green Amendment is a bad idea. The worst kind of law that can be passed is the law of unintended consequences. And this bill is the poster child for unintended consequences. As your FIR points out, executive agencies and the Attorney General’s Office are deeply concerned about the conflicts HJR 3 poses and the potential for costly and time-consuming litigation.

“There are only three states that have a Green Amendment: Pennsylvania, Montana and New York, which adopted the amendment in 2021. According to an analysis by the Pace University Law School, there are currently 14 cases of litigation in New York involving the Green Amendment, with more expected as activist organizations and local governments try to leverage the amendment against both private parties and the state of New York.

“New Mexico has among the strictest environmental protection laws on the books. The Legislature is completely capable of addressing any issues that arise without the high risk of litigation. We have a system that works. So, let’s not throw a monkey wrench in the works. Please vote no. Thank you.”

Cole was joined by a host of business interests expressing their opposition, including the New Mexico Cattlegrowers, the AFL-CIO, Pattern Energy (green energy provider), New Mexico Chamber, Hispano Chamber, PNM, New Mexico Association of Realtors, Interwest Energy (green energy provider), New Mexico Idea (economic developers) and the Coalition of New Mexico and Arizona Counties.

A “no recommendation” is a very weak approval, and we hope this signals that legislators have real reservations about putting this litigation time bomb in our Constitution. The proposed constitutional amendment is sponsored by Reps. Joanne J. Ferrary (D-Doña Ana), Patricia Roybal Caballero (D-Bernalillo) and Joseph Franklin Hernandez (D-San Juan) and Sen. Antoinette Sedillo Lopez (D-Bernalillo).

Proponents make a generalized plea for protecting the environment but don’t specify exactly what problem they’re trying to solve and whether that problem has been raised to the Legislature or executive branch for a solution. So, we can only conclude at this point that HJR 3 is a solution in search of a problem. Not a good way to legislate. The resolution moves next to the House Energy, Environment and Natural Resources Committee. We’ll be there in opposition and will keep you posted on the outcome.

 

BEHAVIORAL HEALTH LEGISLATION – N.M. COULD TAKE A GIANT STEP FORWARD


In the Jan. 29 edition of Legislative Roundup, we reported on a major three-bill package aimed at significantly improving the state’s behavioral health system. All three bills were held over until today. Senate Bills 1 and 2 are appropriations bills, while SB 3 would establish a process for overseeing projects and programs to ensure results can be monitored and reported. The Senate Health and Public Affairs Committee sent all three measures on to the Senate Finance Committee for further consideration. The vote on SB 1, which seeks to establish a $1 billion behavioral health trust fund, was approved unanimously, while SB 2 and SB 3 gained 8-1 favorable action. SB 2 proposes $140 million in appropriations for 13 different projects. SB 3 sets up the planning, monitoring and measurement system under the auspices of the Administrative Office of the Courts.

Last week, J.D. Bullington testified in favor of SB 1 and 2 on behalf of the Chamber. Bullington pointed out that there is strong bipartisan support for all three measures. He also observed that rebuilding the behavioral health system is multifaceted and requires strong involvement from not only the state but also local governments, behavioral health practitioners, tribes, law enforcement and the courts.

Sen. George Muñoz, sponsor of SB 1, believes the $1 billion corpus of the trust fund can be achieved within the next two years. In part, he is contemplating clawing back some of the unspent capital outlay funds. There is now about $5 billion in unspent funds involving thousands of projects, some of which have moss growing on them. We’ll keep you updated on the progress of these three bills as they move forward.

 

NURSING RATIOS PASS, PROMISING LESS CARE


Also this morning the House Health and Human Services Committee voted 5-4 to pass House Bill 72, Minimum Nursing Staff-to-Patient Ratios, sponsored by Reps. Eleanor Chávez, Joanne J. Ferrary, Elizabeth “Liz” Thomson and Sen. Katy Duhigg (all D-Bernalillo). The Chamber was in the committee room and testified against the bill.

J.D. Bullington spoke for the Chamber, telling the committee:

“While the Chamber appreciates 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 number one consequence of this legislation will be less care for more New Mexicans.

“What is a hospital to do when there are more patients than nurses in the ratio prescribed in HB 72? Turn them away? That’s not allowed in emergency cases. Our hospitals should not have predetermined cut-offs for how many patients can be served. And expecting hospitals to be able to quickly hire more nurses – or any medical professionals – is not realistic. It’s why we are seeing numerous bills this session, bills the Chamber supports, to join multi-state compacts so we can shore up our provider ranks.

“HB 72 also adds a new responsibility onto the Health Care Authority that is better managed at the hospital level. Our hospital directors of nursing are much better equipped to determine appropriate staffing for any given unit or facility as they know firsthand the many variables that go into providing nursing care: patient complexity and needs; the experience, education, qualifications, skills and competency of available staff; shift-to-shift variables; and patient turnover.

“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.”

The Chamber was joined in its opposition by the University of New Mexico Hospital COO, the New Mexico Hospital Association, the chief nursing officer of Three Crosses Regional Hospital in Las Cruces, and medical students who all cited the current nursing shortage (9,000 according to the hospital association) and the need for hospitals to have flexibility to staff for acuities.

Rep. Jenifer Jones (R-Doña Ana, Hidalgo & Luna), a registered nurse, said she empathizes with the nurses who testified about the hardships they face when caring for patients, but she raised concerns about moving too fast and too far, compromising patient care; about patients having “nowhere to go” because the ratios have closed beds at hospitals; and about an off-site committee determining staffing that has no nursing experience or knowledge of patient acuity. And she pointed out the committee could in fact have zero nurses, which she found “very disturbing.”

Minority Whip Alan Martinez (R-Sandoval) questioned how the bill would actually increase the number of nurses in New Mexico, how it would help rural hospitals when those get a waiver, and what the ratios would be (they would vary by unit and be determined by the committee).

Rep. Nicole Chavez asked how the new ratios would affect accreditation; sponsor Rep. Eleanor Chávez said since hospitals already do not follow federal CMS ratios and are not penalized, it’s unlikely the new ratios would affect accreditation. This begs the question of how the new staffing ratios can be met when the current one can not.

Jones ended the discussion on the bill by explaining her “no vote,” saying she thinks “ratios are common sense. They’re a mathematical relationship between two numbers. (But) we’ve got a shortage, and there’s no way those ratios work.”

HB 72 is headed to House Judiciary, and the Chamber will be there to testify in opposition, and we will let you know what happens.

 

License Plate Readers Sail Through House Judiciary


License plate readers (LPRs) represent some of the newest crime-fighting technology available to help law enforcement track stolen cars, locate missing people, and even solve homicides.

That’s why Reps. Jack Chatfield (R-Colfax, Curry, Harding, Quay, San Miguel & Union) and Luis Terrazas (Catron, Grant, & Hidalgo) introduced a bill to purchase additional units that can be deployed around the state by the New Mexico State Police. The lawmakers want to allocate $1 million, which the state says will purchase another 24 two-camera systems for a total of 112 LPR camera systems statewide.

HB 127 passed the House Judiciary committee today on a 9-1 vote. Enrique C. Knell offered the Chamber’s view today as the bill was heard in the House Judiciary Committee:

“The Chamber advocates for policies that make it harder to be a criminal in New Mexico, and enhanced crime-fighting technology makes all the difference. Please help us keep our families and our businesses safer.”

Last November a bicyclist was struck and killed by a hit-and-run driver near Deming. It was a tragedy made worse by a fleeing driver who refused to help the bicyclist he struck or take responsibility for a serious accident. New Mexico State Police identified a vehicle through eye-witness reports. Just a few days later, a license plate reader situated at the border crossing between Mexico and Columbus, N.M., identified the vehicle as it fled across the border. The driver was quickly caught and arrested and returned to the United States for prosecution.

The bill will next be heard in the House Appropriations and Finance Committee, and we’ll keep you posted on what happens.

 

 

HOUSE HEALTH KILLS DRUGGED DRIVING TEST


The House Health and Human Services Committee voted 6-4 this morning to kill House Bill 106 – Chemical Blood Testing for DUI, Includes Cannabis – sponsored By Rep. Andrea Reeb (R-Chaves, Curry & Roosevelt). The Chamber testified in strong support of the bill.

D’Val Westphal, executive vice president for policy and programs for the Greater Albuquerque Chamber of Commerce, told the committee:

“Four years after our state legalized the use of recreational cannabis, it is past time to establish rules regarding drugged driving.

“HB 106 treats cannabis like alcohol and controlled substances, including blood tests. All can impair the safe operation of a vehicle and lead to injury or death, and all should be treated as such. The primary standard for any DWI conviction in New Mexico is when the defendant is proven “impaired to the slightest degree.” And impaired is impaired, by it by beer, hard liquor, prescription drugs, illegal narcotics or cannabis. The Chamber respectfully asks you to vote yes on HB 106.”

The New Mexico State Police joined the Chamber in support of the bill, saying DWI is a 100% preventable occurrence and officers are tired of being at the top of drunken-driving lists. There was no opposition testimony.

Reeb’s expert witness, DWI officer Lt. Curtis Ward, explained that the chemical testing helps back up what all his training and experience has led him to believe a driver is impaired by something and that an officer’s observations and field work determine if they are going to arrest someone for impaired driving. The blood test comes after that decision.

Currently drivers can refuse a blood test if there has not been an accident causing great bodily harm or death or they don’t have three prior DWI convictions. Reeb explained most impaired drivers have at least two substances in their systems and HB 106 will give officers the tools they need to deal with the various substances drivers could be under the influence of.

Concerns from the majority of committee members included drivers being blood-tested for misdemeanors, cannabis tests that do not use the most updated science and racial profiling.

Chair Elizabeth “Liz” Thomson (D-Bernalillo) said HB 106 could be revised by the sponsor and brought back. We fear that’s a death knell but believe this legislation is gravely needed.

 

THE NEXT GENERATION OF INNOVATORS


The phrase STEM as we know it was created just 24 years ago in 2001. We recognized then that the United States was not competing on the global stage in the education of Science, Technology, Engineering and Math. It was considered a risk to our ability to compete in the global economy.

Senate Bill 107, carried by Sen. Harold Pope (D-Bernalillo), is an effort to supercharge STEM education in New Mexico. The bill creates a Center for Excellence and Innovation in STEM at New Mexico State University and funds it with $6 million from 2026 through 2028. NMSU will act as a state-wide hub, with regional and tribal hubs around the state, that will focus on aligning STEM education initiatives across K-12 education, higher education, industry and our local communities. The goal is to provide education and career pathways in STEM.

Enrique C. Knell testified on behalf of the Chamber, telling the Senate Education Committee:

“New Mexico is ground zero for STEM jobs There are hundreds of high-tech companies throughout the state, and of course our national labs and the Air Force Research Lab, and our research universities. It is up to us to make the investments to nurture the next generation of innovators in our state.”

We commend Pope for carrying this important legislation. The Center of Excellence is a good step toward finding innovative ways to improve STEM education and get new and better teaching techniques into our classrooms.

Knell concluded by noting the Chamber’s key goal this session. “We want New Mexico to be more competitive when we leave this legislative session, and passing this bill is a great example of how to accomplish that goal.”

SB 107 passed 9-0 and goes to Senate Finance next; we’ll keep you informed on what happens with it.

INTRODUCING NEW LEGISLATORS

SENATE

District 34: James Townsend, R-Eddy & Otero


Republican Jim Townsend, retired director of Holly Energy and a former state representative, will represent District 34, which now includes parts of Doña Ana, Otero and Eddy counties. He faced no opposition in the 2024 primary and general elections and replaces Republican Sen. Ron Griggs, who did not seek re-election after the 2024 session.

  • He is a former minority leader and minority whip of the New Mexico House of Representatives, serving from 2015 to 2024.
  • Townsend attended New Mexico State University in Carlsbad and has worked for Southern Union Co., Southern Union Gas Company, Southern Union Refining Company, Navajo Refining Company, Holly Energy Partners and UNEV Pipeline Company.
  • He was the ranking member of the House Energy, Environment and Natural Resources Committee and a member of the House Taxation and Revenue and House Rules committees.

District 42: Larry Scott, R-Chaves, Eddy & Lea


Republican Larry Scott, an oil and gas engineer and former state representative, will represent District 42, which includes parts of Chavez, Eddy and Lea counties. He defeated Sen. Steven McCutcheon II, who was appointed to the seat in 2023 to fill out the term of retiring Sen. Gay Kernan, in the 2024 primary and faced no Democratic opposition in the general election.

  • He has lived and worked in Hobbs in the oil and gas industry since 1979.
  • Scott served as a state representative from 2015-2024. He was the ranking member on the House Energy, Environment and Natural Resources and a member of the House Taxation and Revenue Committee.
  • He is widely regarded as the foremost expert and best representative of the oil and gas industry in the New Mexico Legislature.

IN THE HOUSE

Rep. Cynthia Borrego (D-Bernalillo) with her borrego.

There were many “days at the House” and other recognitions today, starting with a memorial by Rep. Art De La Cruz (D-Bernalillo) celebrating the County of Bernalillo Day. A package of small gifts were given to each legislator, including a squeezable little lamb, a little “borrego” which Rep. Cynthia Borrego (D-Bernalillo) is shown holding. She was hoping the borrego was in honor of her name…well, it could be.

Rep. Doreen Gallegos (D-Doña Ana) introduced guests from Las Cruces in honor of Las Cruces Day.

Rep. Deborah Sariñana presented a certificate honoring the state’s national labs: Sandia, Los Alamos and the Air Force Research labs. Each contributes to the state’s economy and through volunteer time and donations help in building our communities. For example, Sandia Lab generates $5 billion in spending, $600 million with local companies and employs 1,400 people.

 

IN THE SENATE

Both Chambers adopted proclamations declaring Feb. 3, 2025, as National Lab Day, recognizing Sandia and Los Alamos National laboratories, along with the Air Force Research Lab at Kirtland Air Force Base. All three facilities, of course, have an amazing impact on New Mexico’s economy. We’re talking billions of dollars here.

Both Chambers also recognized these research and national security jewels for their community engagement and investments that inspire and support the next generation of scientists and engineers. That’s critical stuff as we look at legislation, like SB 107 that creates a center for Innovation in STEM. These research facilities are important partners in our continual efforts to make New Mexico competitive.

SIGNING OFF FROM SANTA FE


Next to paid family and medical leave legislation, probably the next most concerning proposal is the Green Amendment. We should listen to our state agencies and businesses who are quite concerned about ensuing litigation, especially since there’s no obvious need for this constitutional amendment in the first place.

Sometimes the cure is worse than the disease – you know, like all those TV commercials for some new medication wherein the side effects make you gasp and say who the heck would take that pill? That’s true for the Green Amendment and for the bill that wants to establish nursing-staff-to-patient ratios. Sounds like a good idea (just like the new pill), but then you look at the side effects – it’ll cause the loss of hospital beds because there aren’t enough nurses in the first place. As we often say, the worst legislation is those that are rife with the law of unintended consequences. These are two great examples.

If you’re curious, there have been just over 500 bills introduced, roughly evenly split between the two Chambers. Bill introduction deadline isn’t until February 20, so there’ll be a lot more introductions to come. The House reconvenes tomorrow at 10:30 and the Senate at 11:30. There will be a joint session at noon. Thanks for being with us today, and we’ll look forward to bringing you all the news and views tomorrow. Until then, have a wonderful evening.

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