Yesterday in a unanimous vote legislators in House Judiciary passed HB 169, the Public Expression Protection Act, a win for free speech, but the day ended on a deeply somber and infuriating note when two Democrats voted with Republicans in Senate Finance to table SB 4, the most significant and serious effort to address climate change that has been brought to the legislature to date.
With due respect to Sen. Mimi Stewart, who brought this bill, and Sen. Steinborn who spoke in passionate support, the total failure of courage, leadership and competence on display was shocking. Those who voted against SB 4 displayed a fundamental, and seemingly willful, lack of comprehension about the ramifications of climate inaction. They held up fears about increased fuel costs for the most vulnerable in their communities, ignoring the indisputable fact that renewable energy is both cheaper and safer than fossil fuels, and that the entire point of the bill was to create a regulatory framework to help those communities make the shift to cheaper forms of energy. Solar and wind energy, once installed, provide free energy for decades!
Fundamentally, if your communities don't have access to clean energy it is a failure of your leadership as a legislator, not an excuse to cover your eyes and ears as our beloved New Mexico burns and floods and dries up before our eyes.
What we do know is that the cost of inaction will be many times higher than the cost of action - at the state level and the individual level. Those most vulnerable will be least equipped to face the loss of their homes, the increasing scarcity and cost of basic necessities like food, water and shelter, and the health impacts of extreme heat. The middle class will not escape. We will lose our insurance, the values of our homes will consequently crater, and the cost of necessities will rise until many more families fall into poverty. The state will try and fail to manage the increasing costs of disasters, destruction of infrastructure, and lost tax base.
The failure to act is a failure of imagination. The magnitude of change coming appears to have escaped the people whose job is to prepare us for the future. The legislature has betrayed our children, betrayed our future and betrayed our Mother Earth at a time, now, when the federal government, too, has abandoned its duty to protect the people. And the reason for that failure was abundantly clear, with suited up lobbyists from the Cattlegrowers Association, the Chambers of Commerce, NMOGA, and the American Petroleum Institute lining up to protect their profits at the expense of life on earth.
It was primarily their talking points that we heard repeated on the dais.
To read more about how oil and gas influence is affecting the progress of bills at the legislature we recommend this article from Capital and Main, in which the author notes:
"Over the past few years, Reps. Nathan Small, D-Doña Ana, and Meredith Dixon, D-Bernalillo, and Sen. George Muñoz, D-Gallup, have risen to the tops of their respective chambers’ financial committees, where they set budgets for state agencies such as those that regulate oil and gas production. Small and Dixon also sit on the House Energy, Environment and Natural Resources Committee, where they get first crack at most legislation that would affect the industry. Together, the three Democrats regularly act as a brake on regulation. They also are among the top 10 recipients of oil and gas industry donations in state government."
It must be noted that it is the legislative leadership that assigns these legislators to these powerful positions.
OTHER BILLS TO WATCH OUT FOR AT THE LEGISLATURE
HB 311 - Reclaimed Water Act - Sponsored by Rep. Nathan Small, HB 311 seeks to rebrand treated fracking waste as "reclaimed water" to circumvent any restrictions on fracking waste reuse for nonpotable purposes. Passed House Ag and will be heard next in House Judiciary. Take action here.
HB 20 - the Technology and Innovation Division Act seeks to provide the public funding for produced water reuse and other false climate solutions. The bill, sponsored by Rep's Small, Dixon, Garratt, Parajon and Gallegos, will provide $100 million per year in public funds for grants to private industries in target sectors including "clean energy and water." What's missing? A definition for "clean" and any consideration of public health, environmental impact or resource conservation in criteria for these grants. Without those safeguards, this bill again opens the door for public funding of anything this board deems to be clean - "renewable" natural gas, fossil fueled hydrogen with carbon capture, fracking waste reuse or nuclear energy. HB 20 will be heard next in House Appropriations. Take action here.
HB 457 and 458 - Geologic CO2 Sequestration Act and the CO2 Storage Stewardship Act - Sponsored by Rep's Dixon, Small, Chatfield, Lanier and Sharer, these bills seeks to permit and create a regulatory framework and fund to support carbon capture projects, and transfers all stewardship responsibilities and liability related to the project to the state after completion. Assigned to House Energy. Take action here.
HB 270 - Zero Emission Vehicle Rules - Seeks to amend Air Quality Control Act to prevent any laws that restrict internal combustion engine vehicles and nullify existing EIB rules to require a percentage of vehicles sold in New Mexico to be zero-emissions. Passed in House Transportation with a majority of Dems voting for it. Will be heard next in House Energy. Take Action here.
HB 273 - Certain Natural Gas as Renewable Energy - Seeks to classify methane gas as a renewable energy resource for the purposes of New Mexico law and the Renewable Portfolio Standard. Passed in House Rural Development with one Democratic vote. Will be heard next in House Energy. Take Action here.
SB 471 - Rainfall Enhancement Pilot Project - Seeks to authorize $1.2 million for a geoengineering pilot projects to seed clouds via artificial nucleation for the purpose of rainfall enhancement. Passed today in Senate Conservation. Heard next in Senate Finance. Take Action here.
SB 170 - NMFA Definitions, Funds and Rates - Fast track permitting for economic development projects - financial risk to ratepayers; circumvents regulations. See one pager here. Passed Senate Tax, Business and Transportation. Up next in Senate Finance. Take Action here.
HOPE IS NEVER LOST - GOOD BILLS BEING HEARD SOON
HB 128 - the Local Solar Access Fund - The Local Solar Access Fund, Sponsored by Rep. Reena Szezpanski and Senator Harold Pope Jr., will provide $60 million for grants from the New Mexico Finance Authority for planning and implementation of solar and battery storage projects. Will be heard next in House Appropriations. Take Action here.
SB 23 - Oil and Gas Royalty Rates - Increases royalty rates from new oil and gas wells to 25% from 20%. Passed Senate Floor and will be heard next in House Energy. Take Action here.
HB 423 - Water Security Planning Funds - allocates $62 million to the New Mexico Office of the State Engineer from 2026 to 2028 to support regional water security planning, enhance water data systems, and enforce Rio Grande Compact water rights, ensuring sustainable water management for public health and future generations. Will be heard next in House Appropriations. Take Action here.
HB 212 - PFAS Protection Act - prohibiting the sale or distribution of many consumer products containing intentionally added PFAS if they are non-essential. Will be heard next in House Judiciary. Take Action here.
HB 9 - Immigrant Safety Act - sponsored by Representatives Eleanor Chávez and Angelica Rubio, would prohibit counties from entering into or renewing agreements to detain individuals for federal civil immigration violations. This bill is scheduled to be heard in House Judiciary on Friday, February 28th. Take Action here.
SB 36 - Sensitive Information Non-disclosure Act - sponsored by Sen. Antoinette Sedillo López, passed the Senate Thursday on a 26-14 party line vote. This bill would prohibit state employees from disclosing sensitive information such as immigration status and ensure MVD data isn't used for immigration enforcement. It now heads to the House Government, Elections & Indian Affairs Committee. Take action here.
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