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THURS: New Mexico lawmaker tests positive for COVID amid special session, + More

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New Mexico lawmaker tests positive for COVID-19, quarantines - By Morgan Lee Associated Press

A New Mexico state senator said Thursday that he has tested positive for COVID-19 and will quarantine at home, with a special legislative session underway on political redistricting.

Democratic Sen. Bobby Gonzales of Taos told The Associated Press that he tested positive for the coronavirus Wednesday through a rapid test. He informed Senate leadership out of concern for anyone who might also have been exposed through close contact.

Gonzales said he was scheduled on Thursday to undergo another coronavirus test at a hospital in Taos. He is fully vaccinated, including a recent booster shot, and was experiencing some mild nasal discomfort.

Gonzales said he also was tested on Saturday with a negative result before meeting that day with Gov. Michelle Lujan Grisham. He underwent another test Wednesday as required by the governor's office in anticipation of another meeting with Lujan Grisham that did not occur.

In response to Gonzales' situation, contact tracing was underway at the state Capitol. A Senate floor session was canceled for unspecified reasons.

A member of the governor's staff is quarantining "out of an abundance of caution" after interacting with Gonzales on Wednesday, Lujan Grisham spokeswoman Nora Sackett Meyers said in an email.

"The governor is tested regularly and has never returned a positive test," said Meyers, without specifying the timing of recent tests. "After the senator's positive rapid test, the governor's scheduled meeting with legislative leadership this morning was conducted remotely ... out of an abundance of caution."

Meyers said the legislative session presents a heightened COVID-19 risk and that those meeting in-person with the governor are being asked to take a rapid test before. She did not address whether there are health concerns related to Saturday's meeting between Gonzales and the governor.

Gonzales said a prolonged quarantine would likely exclude him from participation in Senate decisions, under rules that restrict online participation.

Gonzales said he was open to sharing his medical information to help others make informed decisions.

"I have nothing to hide," Gonzales said. "The more people are aware of it, fine. That's the world we are in today."

Legislative leaders are requiring proof of vaccination for the public to gain entrance to the Capitol during the current legislative session. Masks are required indoors with few exceptions.

Legislators are not required to be vaccinated for COVID-19, while immunizations are required under a state public health order for employees of the governor's office — located on the top floor of the state Capitol.

Lujan Grisham has been vaccinated for COVID-19, including a booster shot.

Revamped New Mexico 3-seat congressional map advances - By Morgan Lee Associated Press

Two Native American communities voiced opposition Thursday to a congressional redistricting plan that would extend the state's traditionally Democratic northern 3rd District into a conservative oil-producing region of the state.

Lobbyist Conroy Chino, representing the Indigenous communities of Taos Pueblo and Acoma Pueblo, said that the Democratic-backed redistricting proposal would have a negative influence on political representation for the two tribes.

Amid criticism, the congressional redistricting bill from Democratic Sen. Joseph Cervantes and Rep. Georgene Louis advanced Thursday toward a Senate floor vote, with a 6-3 endorsement of a judiciary committee. Senate approval would move the bill to the Democrat-controlled state House for consideration.

Chino noted a close relationship between Taos and Acoma pueblos and first-term Democratic Rep. Teresa Leger Fernandez, an attorney with lengthy experience on Indigenous issues and projects.

Leger Fernandez represents' the norther 3rd Congressional District and would confront an altered political panorama involving new, conservative constituents from southern New Mexico under the redistricting proposal.

"Under this current iteration the number of Native Americans in congressional District 3 gets reduced down from 20% to 16%," Chino said. "And the tribes that I represent feel that will have an impact when it comes to their interests at the congressional level, they will have competing interests from where they sit in the state with, perhaps, the southeastern part of the state."

The redistricting plan would break up a conservative stronghold in the state's southeastern oil production zone into multiple districts, drawing protests from Republicans in the legislative minority and oil industry representatives.

It also would bolster a Hispanic majority in New Mexico's southern 2nd Congressional District by extending its boundaries into Albuquerque.

The plan has deep implications for New Mexico's three first-term congresswomen, including Republican Rep. Yvette Herrell, a staunch ally of former President Donald Trump who ousted a Democratic incumbent in 2020. New Mexico's other two congressional representatives are Democrats.

Republicans need a net gain of just five seats in 2022 to take control of the U.S. House and effectively freeze President Joe Biden's agenda on everything from climate change to the economy.

New Mexico is home to 23 federally recognized Indigenous communities.

Forecasters: Snow, strong winds on tap for New Mexico - Associated Press

Forecasters say much of New Mexico will see blustery weather late Thursday and early Friday from a storm expected to produce significant snowfall in some mountain ranges in the west and north.

The National Weather Service said the storm was expected to produce winds that could be strong enough to cause damage, along with hazardous travel conditions, power outages and reduced visibility.

The heaviest snow, 4 inches (10 centimeters) or more, was expected in the Tusas, Jemez and Sangre de Cristo mountains, with the Tusas mountains getting the most, the weather service said.

The snow and winds will combine to make travel hazardous, and blowing snow will be possible as winds increase, the service said.

Wind gusts of up to 50 mph (80 kph) are possible across eastern New Mexico, which could cause blowing dust, power outages and crosswinds on roads, the service said.

Albuquerque police: Shooting leaves 1 dead, 2 others injured - Associated Press

Albuquerque police say a shooting in a residential area early Thursday left one person dead and two others wounded.

A Police Department statement said officers responding to a report of gunfire and a fight in progress found people with gunshot wounds and that one of the victims died at a hospital.

According to a department spokesperson, Office Chase Jewell, the other two victims' injuries aren't life-threatening. No identities were released and the police statement didn't provide any details on circumstances of the shooting.

The department statement said one person was detained for questioning and that it wasn't immediately known whether anybody else would be sought as the investigation progressed.

House map clears committees with split party-line votes - By Shaun Griswold, Source New Mexico 

A redistricting map that tribal leaders back passed late Wednesday through its second committee on a 7-4 vote along party lines. Democrats in the House Judiciary Committee favored the proposal for new voting districts for the state’s House of Representatives.

Republicans again rejected the measure. It’s becoming clear state Democrats have the numbers to push HB 8 forward regardless.

HB 8 is sponsored by Rep. Daymon Ely (D-Corrales), and he has seen his party unify around the bill.

The measure now heads to the floor for debate, likely on Friday, according to House Speaker Brian Egolf (D-Santa Fe).

Earlier in the day, HB 8 passed with a 6-3 vote out of the House’s State Government, Elections and Indian Affairs Committee.

The bill is also widely supported by tribal nations and groups that participated in the pre-session public input process.

Republicans on the committee voted against the bill, arguing that the proposal for new voting districts for the state’s House of Representatives was brought forward without enough time to analyze the new boundaries. The map was introduced Monday and is partly based on maps generated by the Citizens Redistricting Committee weeks ago.

With these boundaries, lawmakers like Rep. Martin Zamora (R-Clovis) would see his district change under the proposal.

“Everybody gets pretty close to what they want. Not everybody gets exactly what they want. There’s communities that are being split up,” he said. “There’s people that feel like their districts are being targeted.”

Even with substantial support for HB 8, members of the Republican caucus are figuring out plans to create their own proposal or draft amendments to HB 8.

“HB 8 isn’t going to change. But we are going to propose a change on District 63,” Zamora said. That’s his district. “How can those ripple effects from changing District 63 at the last minute not have ripple effects on the rest of the map? How can they give me a precinct in San Miguel County? Which, I’m not afraid of San Miguel County. I’m not afraid of the people in San Miguel County. I think I could do a good job representing San Miguel County.”

New Mexico lawmakers want $100M for 'alternative broadband' - By Cedar Attanasio Associated Press / Report For America

A proposed bill in the New Mexico state House would set aside $100 million for "alternative broadband."

That's the legislators' term for high-speed internet that isn't transmitted by the traditional way with cables buried in the ground.

Lack of internet access during the pandemic hobbled low-income and rural students and made it hard for rural communities to access healthcare services that are increasingly going online.

New Mexico is already experimenting with novel internet delivery systems ranging from TV broadcasts to blimps that beam internet from the sky. SpaceX says it will begin to offer high-speed internet in the state starting sometime in mid-2022.

The Legislature is meeting this week to draw new political boundaries integrating new population numbers from the 2020 Census.

On Wednesday, legislators debated parts of the spending bill that would allocate $1 billion in federal aid. They're working on allocating the money now after a state court ruled last month that the governor can't spend the money without their approval.

Gov. Michelle Lujan Grisham had already spent around $680 million in federal money, including $650 million to replenish the state's unemployment fund. Lujan Grisham also allocated $5 million to subsidize the pay of chile farmworkers and $10 million in lottery prizes for COVID-19 vaccine recipients.

Now the Legislature is considering how to spend the remaining $1 billion.

The top spending categories in the bill debated Wednesday were $142 million for roads and $150 million for internet infrastructure, including the $100 million for alternative broadband.

Other priorities include funding improvements in state parks, increasing the tourism marketing budget and support for affordable housing and food banks.

Lawmakers to take swing at spending $470 million - By Patrick Lohmann, Source New Mexico 

A line of public speakers formed at a legislative hearing where lawmakers are trying to spend nearly half a billion dollars of federal money. About a dozen more waited patiently on Zoom.

The speakers, all lobbyists or members of different public service groups, made pitches Tuesday afternoon to the House Appropriations and Finance Committee about why legislators should allocate more federal funding to their programs. They often cited the toll of the pandemic and the mounting need among the people they serve.

New Mexico food banks will be out of food in February without more aid, speakers told the representatives. The committee also heard how patients are at risk due to the dire nursing shortage, how housing is becoming unaffordable across the state, and how the assisted living facility industry is struggling to recover after hundreds of residents and employees died of the virus.

About $470 million is available for lawmakers to spend from the federal American Rescue Plan Act before the end of the month. It’s the first big bucket of money lawmakers have access to this year, thanks to more than $1 billion in federal aid and projections of record state tax revenues. Lawmakers could have up to $9 billion in state money to spend over the next couple months.

Lawmakers, in consultation with Gov. Michelle Lujan-Grisham, decided to allocate the rest of the American Rescue Plan money, about $600 million, in January during the regular legislative session. The money being divvied up this month will be diverted primarily to existing programs that don’t require much new legislation to deliver, according to House officials.

That means the bulk of this money is going to broadband and infrastructure projects, as well as various other small programs like tourism marketing, remediating orphan oil and gas wells and cleaning up litter on state roads.

Patty Lundstrom (D-Gallup), the chair of the House Appropriations and Finance Committee, announced Tuesday that the lawmakers would not vote on the measure that’s been introduced until this afternoon, allowing lawmakers to tweak bill and potentially add new spending, including on farmworker wages during the red chile harvest.

If the committee approves the spending bill, it will head to the House floor for a vote, then to the Senate and then the governor’s desk.

Lundstrom also said the public input heard Tuesday shows the benefit of having the Legislature allocate the money. She’s referencing a November Supreme Court ruling in November that wrested the federal money from the governor and gave it to the Legislature to spend.

“I thought this was an excellent hearing,” she said. “We got over 30-some people involved.”

Three groups seeking a greater federal funding allocation:

Food banks

Allison Smith, lobbyist for the New Mexico association of food banks and the state’s restaurant association, was first in line. She said food banks across New Mexico have seen a steep drop in federal aid. Meanwhile, food and shipping prices are rising.

“Most of our food banks will find themselves out of food by February at the rate that this is going,” she said.

The House bill contains $5 million for food banks, but Smith said that is not nearly enough. The federal aid to state food banks dropped by 65% this year, she said.

She asked lawmakers for a minimum of $15 million as quickly as possible. The timing of new aid is “critical,” she said, because it takes three months for food to be delivered after it is purchased.

Housing

Brie Sillery, a spokesperson for the New Mexico Coalition to End Homelessness, said she was grateful for the $20 million proposed for affordable housing and to tackle homelessness, but she asked lawmakers to attach fewer strings.

Homelessness was already increasing steadily before the pandemic, and the state is now in the midst of a worsening housing affordability crisis.

The bill considered by the House would give the Department of Finance and Administration $20 million to “provide housing assistance for homeless persons and affordable housing assistance.”

However, the money comes with a requirement that a local government that receives the money match it by 100% with its own funds.

Sillery said this might be a big ask in rural parts of the state that are nonetheless suffering the effects of homelessness and lack of affordable housing.

“I would like to request that the 100% match will be reduced — especially in rural communities or communities that may struggle to meet this match — to allow for recipients that may have a highest need for assistance to have better access to these funds,” she said.

Assisted living

Vicente Vargas, executive director of the New Mexico Center for Assisted Living, said 600 residents died during the pandemic, in addition to numerous employees, and the industry lost $140 million due to less revenue and increased expenses.

“I just like to emphasize, as you probably all know, there was no industry harder hit than the nursing home and long-term-care industry,” he said.

The bill as written does not include money for assisted-living facilities. Vargas is asking the state for $50 million.

New Mexico lawmakers want $100M for 'alternative broadband' - By Cedar Attanasio Associated Press / Report For America

A proposed bill in the New Mexico state House would set aside $100 million for "alternative broadband."

That's the legislators' term for high-speed internet that isn't transmitted by the traditional way with cables buried in the ground.

Lack of internet access during the pandemic hobbled low-income and rural students and made it hard for rural communities to access healthcare services that are increasingly going online.

On Wednesday, legislators debated parts of the spending bill that would allocate $1 billion in federal aid after a state court ruled last month that the governor can't spend the money without their approval.

Gov. Michelle Lujan Grisham had already spent around $680 million in federal money, including $650 million to replenish the state's unemployment fund. Lujan Grisham also allocated $5 million to subsidize the pay of chile farmworkers and $10 million in lottery prizes for COVID-19 vaccine recipients.

Now the Legislature is considering how to spend the remaining $1 billion.

The top spending categories in the bill debated Wednesday were $142 million for roads and $150 million for internet infrastructure, including the $100 million for alternative broadband.

Other priorities include funding improvements in state parks, increasing the tourism marketing budget and support for affordable housing and food banks.

Dems hold on to majority after ABQ City Council runoff – KUNM’s Nash Jones

Democrats will preserve their majority in the Albuquerque City Council after Tuesday night’s runoff election for two districts that will both maintain their party representation.

Democrat Tammy Fiebelkorn handily won the District 7 seat over Republican Lori Robertson with more than 61% of the vote, according to unofficial results. Democrat Diane Gibson previously held the district, which runs from the Big-I east through Uptown, for two terms.

Meanwhile, Republican Reneé Grout narrowly defeated Democrat Rob Grilley with just over 51% of District 9 voters electing to maintain a GOP councilor. Don Harris, who served the district along the southeast Sandia foothills for 16 years, announced earlier this year that he would step aside.

While the City Council and its elections are nonpartisan, the candidates do have party affiliations. Despite Tuesday’s results, Democrats’ majority will slip to a slim 5-4 come January after incumbent Cynthia Borrego lost her northwest District 5 seat to Republican Dan Lewis in November’s regular election.

Runoffs were held for the two district seats because no candidate in either race last month received at least half of the vote. The top two finishers in each went on to run against each other in Tuesday’s election.

New Mexico regulators reject proposed utility merger - By Susan Montoya Bryan Associated Press

A panel of New Mexico regulators on Wednesday rejected global energy giant Iberdrola's proposed multibillion-dollar acquisition of the state's largest electric provider, saying the deal did not offer adequate protections for customers and the risks outweighed the promised benefits.

The Public Regulation Commission voted unanimously to accept the recommendation of a hearing examiner to deny the merger.

All five elected commissioners agreed the deal would not be in the public's interest. They cited concerns about customer service problems and reliability issues in other states where Iberdrola subsidiary Avangrid operates. They also pointed to the company initially withholding information during the proceeding, a move that resulted in a $10,000 penalty.

Commission Chairman Stephen Fischmann said New Mexico and many other states are going through an incredibly important stage with respect to navigating the shift toward more renewable energy production. He acknowledged that utilities and regulators are facing more demands as the transformation results in changes across the supply chain and how customers are affected.

He said Avangrid is not the right partner to help New Mexico through the transition given its track record elsewhere, a pending investigation of Iberdrola executives in Spain and the potential for reliability issues and higher electric rates.

"This whole deal to me kind of boils down promises versus actual performance," Fischmann said.

Under the proposal, Connecticut-based Avangrid would have acquired PNM Resources and its two utilities — Public Service Co. of New Mexico and Texas New Mexico Power. The all-cash transaction had been valued at more than $4.3 billion and would have opened the door for Iberdrola and Avangrid in a state where more wind and solar power could be generated and exported to larger markets.

The utilities, as part of an advertising blitz, touted more than $300 million in benefits that included rate relief for PNM customers for three years, economic development investments, the creation of 150 jobs and other concessions reached through negotiations with parties in the case.

PNM Resources chairwoman, president and CEO Pat Vincent-Collawn issued a statement after the vote, saying she was saddened by the decision.

"We will continue to evaluate any next steps that could allow us to bring the positive benefits to the people we serve," she said.

The case has been a year in the making, with commission hearing officer Ashley Schannauer spending several months overseeing evidence gathering and two weeks of public hearings during the summer.

Schannauer last week presented his recommendation for the commission to veto the proposal. He also cited certain conditions commissioners should implement if they decide to support the merger, but it was clear the commission still had concerns after review reams of evidence and hours of testimony.

Schannauer during Wednesday's meeting reiterated concerns about reliability if Avangrid were to take over.

PNM and Avangrid officials had asked the commission to present oral arguments to address some of the commissioners' concerns. The commission decided against it, noting that the companies had ample time over the course of the last year to make their case.

Some environmental groups suggested Wednesday that the decision could cost the state hundreds of millions of dollars in lost jobs and renewable energy investments. But commissioners questioned the price tag, saying there were no guarantees that the jobs promised by Avangrid would net the economic returns that were projected.

During negotiations, Avangrid also had promised $12.5 million to support projects in Indigenous communities and to build 200 megawatts of renewable energy generation and storage on the Navajo Nation in northwestern New Mexico.

Still, Commissioner Joseph Maestas said the numerous concessions made during negotiations weren't enough to mitigate the concerns surrounding the deal and he suggested regulators don't have the funding or resources necessary to ensure Avangrid would have followed through on its promises.

New Mexico preps for future shortages on Pecos River - By Susan Montoya Bryan Associated Press

New Mexico's top water official has issued an order establishing the framework for dealing with future water shortages on the Pecos River.

Water managers have been augmenting supplies in southeastern New Mexico by pumping groundwater, allowing farmers to continue irrigating cropland throughout the Carlsbad area and for New Mexico to make good on its water delivery obligations to neighboring Texas.

While pumping helped to make up for dwindling surface water supplies this year, officials are warning that it might not be able to meet demands in the coming years if drought persists and summer monsoons deliver less rain.

The latest seasonal outlook shows much of the Southwestern U.S. can expect drought to stick around through February. New Mexico already has experienced more dry years than wet ones over the last two decades, resulting in shrinking reservoirs and record-low river flows.

The order issued last week by State Engineer John D'Antonio said the need for administration of surface and groundwater rights within the Pecos River system "is so urgent" that a plan had to be developed.

While officials are encouraging water-sharing agreements and other options, the order spells out the process for the Office of the State Engineer to dole out water based on priority if supplies to junior water rights holders need to be curtailed. It would be up to the office to determine who holds valid rights and whether public health or safety could be compromised by cutbacks and if it would result in more for senior users.

Water rights holders would have an opportunity to appeal decisions as part of the process.

Under a 2003 settlement, the Interstate Stream Commission pumps groundwater to augment the Carlsbad Irrigation District's supply when the river can't meet farmers' needs. In exchange, the district agrees to not call for priority administration unless its supply is less than 50,000 acre-feet.

An acre-foot is about 325,850 gallons (about 1.23 million liters). An average household uses one-half to one acre-foot of water a year.

The irrigation district in March had passed a resolution calling for priority administration of the Pecos River due to extremely low reservoir levels. State officials said they were able to avoid that due to groundwater pumping that boosted supplies by nearly 20,000 acre-feet.

The Office of the State Engineer said the groundwater pumping also has helped guarantee New Mexico's continued compliance with the Pecos River Compact, which requires a certain amount of water to flow south to Texas.

While New Mexico has a compact credit of over 160,000 acre-feet, officials acknowledged concerns about projections for more dry forecasts.

New Mexico DOT worker killed in highway crash near Artesia -Associated Press

A tanker truck smashed into a highway work site in southeastern New Mexico, hitting one Department of Transportation pickup and pushing it another while fatally injuring a longtime DOT employee, authorities said.

Authorities said the employee killed Monday on U.S. 285 between Artesia and Roswell was 58-year-old Mittie Runyan, an Artesia resident who started working for the state in 2000.

Two other DOT employees were able to jump into the bed of one of the pickups as the crash occurred but they also were injured, the New Mexico State Police said in a statement.

Those two workers' identities and details of their injuries weren't released.

Runyan's truck had its safety lights flashing when it was struck from behind as the crew installed reflectors on a recently resurfaced stretch of highway, a department statement said.

"This painful loss will reverberate statewide," said Transportation Secretary Mike Sandoval. "We are a close-knit group, and we all grieve when we lose one of our own."

The tanker's driver wasn't injured. That person's identity won't be released unless charged in the crash, the State Police statement said.

The crash was under investigation but alcohol did not appear to be a factor, the State Police said.

Navajo Nation reports 70 new COVID-19 cases, 1 more death -Associated Press

The Navajo Nation on Wednesday reported 70 more COVID-19 cases and one additional death.

The latest numbers pushed the tribe's total cases since the pandemic began to 40,254 and the known death toll to 1,557 including five delayed reported fatalities.

The Arizona Department of Health Services announced Wednesday that the state's first known confirmed case of the Omicron variant was found in Yavapai County.

"Now that the Omicron variant has been found in Arizona, the most proactive step we can take is to get fully vaccinated for COVID-19 and get a booster shot," Navajo Nation President Jonathan Nez said in a statement. "All of these measures will help to lower the number of infections, hospitalizations and the strain that is currently on our healthcare system. Our frontline warriors need our help to lower the number of new cases."

Nez has again called for everyone on the vast reservation to get a booster shot and wear masks.

The reservation covers 27,000 square miles and extends into parts of Arizona, New Mexico and Utah.