Bipartisan support grows for session to challenge veto —Dan McKay, Albuquerque Journal
A growing, bipartisan group of New Mexico legislators announced Thursday they support calling the roundhouse back into a special session, hoping to override the governor's recent veto of a $50 million supplementary spending bill.
The Albuquerque Journal reports in order to call the “extraordinary session,” as the state constitution calls it, three-fifths of each chamber must support it.
If it were to happen, it would only be the second such session in New Mexico’s history, and would represent a political rebuke of Gov. Michelle Lujan Grisham’s rejection of the supplemental spending bill, according to the journal.
The bill included 50 million dollars for projects and programs around the state picked by individual legislators, but Lujan Grisham said the bill was an unacceptable way to make spending decisions with public money.
A spokesperson for the governor said the state’s main budget, which was signed by the governor, makes more responsible investments that properly reflect state priorities.
The spending bill included extra money for law enforcement equipment, efforts to help homeless animals, student speech and debate clubs, medical equipment, a meals on wheels and public safety programs, and more.
New Mexico governor sets sights on building hydrogen economy - By Susan Montoya Bryan Associated Press
Gov. Michelle Lujan Grisham took another step Thursday to put New Mexico on the hydrogen map, signing an executive order she said will help establish a roadmap making clear that hydrogen will be a key focus of the state as it works to transform its energy economy.
The Democratic governor said she hopes the order will provide predictability for businesses and hopefully result in more of them choosing to relocate to New Mexico.
The order directs members of her cabinet to work together in pursing opportunities for building a "green" hydrogen economy. It also calls for hydrogen to be included as a key sector for the state Economic Development Department.
"I want this priority to get the attention it deserves over the coming days, weeks and months," Lujan Grisham said.
The state also is working on developing recommendations for the federal government as part of an effort by Rocky Mountain states to developing ways to make hydrogen more available and useful as clean-burning fuel for cars, trucks and trains.
Lujan Grisham said there also are opportunities when it comes to aviation as she announced a $254 million investment by Universal Hydrogen Co. to build a manufacturing center in Albuquerque that will support its plans to retrofit and fuel planes with hydrogen.
The company has developed proprietary storage capsules that could be shipped from hydrogen production facilities to airports, where they could be loaded directly onto aircraft that have been retrofitted with hydrogen-specific powertrains.
New Mexico is pledging $10 million in local economic development funds for the project, and the city of Albuquerque is considering providing additional funding.
Jon Gordon, co-founder and general counsel for Universal Hydrogen, said the company has agreements with 11 carriers to retrofit nearly 100 regional turboprop planes with a goal of being FAA-certified and in commercial service by 2025.
Gordon told reporters there's also potential for developing modular fueling systems for larger commercial airplanes as well as drones, industrial equipment and ground transportation.
Still, he called it a "chicken and egg problem," explaining that the hydrogen market is in its infancy.
Hydrogen can be derived from water using an electric current and when burned emits only water vapor as a byproduct. Advocates have said the fuel could theoretically reduce greenhouse emissions and air pollution, depending on how it's obtained.
Critics argue that as it's now produced, hydrogen isn't green, carbon-free or unlimited. Currently nearly all hydrogen commercially produced in the U.S. comes not from water but natural gas, according to the U.S. Energy Information Administration.
That debate hit a boiling point during the recent New Mexico legislative session, as environmentalists lobbied against a number of proposed incentives.
Lujan Grisham acknowledged their concerns Thursday.
"I would guess that there's not a single person in this room that doesn't wish that we don't need a transition of any kind, that it would be very easy if the technology and innovations were immediate. They're not," she said, adding that her administration will continue trying to attract companies with "the lowest carbon intensity possible."
New Mexico health official mark two years of pandemic — Susan Montoya Brown, Associated Press
New Mexico's top health official observed a moment of silence Friday in remembrance of the 7,050 people who have died in the state since the pandemic began.
Health and Human Services Secretary Dr. David Scrase marked the two-year anniversary of New Mexico's first confirmed COVID-19 infections during a virtual briefing with reporters, noting that new infections and hospitalizations have dropped dramatically in recent weeks.
Still, he said COVID-19 is a serious disease and the state is making plans to ensure it will be prepared in the event of another surge caused by a new variant. He described it as a "constant state of readiness."
"We don't know what's going to happen next. We don't know what to expect for sure but we are getting ready," Scrase said, pointing to the experience the world had more than a century ago with the influenza pandemic. "You don't know that it's over until it's really over."
It was March 11, 2020, when Gov. Michelle Lujan Grisham declared a public health emergency and ordered most state employees to start working from home. She also urged people to avoid traveling or gatherings to slow the spread of the virus.
Her declaration followed confirmation of the first COVID-19 infections in the state. Officials at the state health lab had worked through the night to make the determination.
As of today, about 1 in 4 New Mexicans have had a confirmed case.
Of the cases reported over the last four weeks, state data shows 56% of infections have been among those who are vaccinated — including those who have received booster shots. Still, the unvaccinated make up higher percentages when it comes to hospitalizations and death.
While more than 78% of New Mexico adults are vaccinated, the effort to push the number higher has all but stalled and less than half of those who are eligible have received booster shots.
New Mexico has lifted many public health restrictions, including its mask mandate for most public indoor spaces. While school districts can set their own mask policies, the only state-mandated mask requirement still in place is for children returning to school after testing positive and isolating for five days.
As of this week, less than one-quarter of the 149 schools and districts that reported data to the state Public Education Department indicated they were still requiring masks. Education Secretary Kurt Steinhaus said in a statement Friday that he's delighted that declining infection rates have allowed the state to turn more decision-making over to the districts and charter school leaders.
"We've waited a long time — working hard and learning as we went — to get to this point," Steinhaus said. "My greatest hope is we can continue safely learning and teaching in-person."
Scrase said New Mexico's public health order will remain in place as long as the federal emergency designation continues. He explained that people getting federal food assistance or help through other social programs have received more than an extra $1 billion of benefits related to the pandemic.
"We are tied to that federal wagon and will want to maintain those benefits as long as we can," he said.
Scrase also acknowledged that the pandemic has been devastating for many families but there are still things to be thankful for.
"I think many of us have learned new things," he said. "Many of us have grown, many of us have changed, many of us have learned to appreciate when we get that time to spend with family."
LANL reports two more radiation contamination incidents in Jan. — Andy Stiny, Albuquerque Journal
Two more possible radiation contamination incidents involving glove boxes have occured at Los Alamos National Labs, according to a new report.
The Defense Nuclear Facilities Safety Board says the incidents are separate from another January 7th incident in which four employees were contaminated, according to the Albuquerque Journal.
The Journal reports both incidents occurred as the workers were taking their hands out of the glove box. In one incident contamination was detected on the gloves.
In the second incident contamination was detected on a worker’s personal protective equipment, and their face – the worker was successfully decontaminated.
Both workers said there were weakness in the techniques required for exiting the glove boxes, and that continued training on the techniques had been previously instituted.
A spokesperson for the labs said the workers safety is of the utmost importance and they are using information from the incidents to improve training and the technology used.
Oil companies join fight against US nuclear waste facilities — Associated Press
Oil companies operating in the most active oilfield in the United States are the latest opponents of plans to store spent nuclear fuel from commercial power plants in the Permian Basin.
Federal regulators already have granted a license for one interim storage project in West Texas, and developers are awaiting approval for a similar facility in southeastern New Mexico.
Tommy Taylor, chairman of the Permian Basin Coalition, said in a recent statement that rising gas prices and global tensions involving Russia — one of the world's largest oil producers — should be a concern.
"Gas prices are soaring and families are struggling to pay bills," Taylor said. "Yet the federal government wants to keep America's energy producers on the sidelines by keeping oil and gas production low, and to make matters worse, they are putting America and our allies at risk by proposing to store high-level nuclear waste in America's most productive oil field."
The coalition has called on Congress to include language to block the storage projects in the federal omnibus spending package, the Carlsbad Current-Argus reported.
The coalition's members include Shell Oil Company, the Texas Oil and Gas Association and dozens of Texas cities, counties and chambers of commerce.
The Nuclear Regulator Commission recently granted a license to Waste Control Specialists for a storage facility in Andrews, Texas. They're still considering an application by Holtec International for a similar facility just to the west of the state line in New Mexico.
Both facilities would see thousands of metric tons of spent fuel shipped into Texas and New Mexico from nuclear power plants around the country for temporary storage pending development of a permanent repository.
Critics, including top elected officials from Texas and New Mexico, have voiced concerns because the federal government lacks any plans for a permanent resting place for the radioactive waste.
U.S. Sens. Martin Heinrich of New Mexico and Ted Cruz of Texas recently introduced legislation aimed at banning federal funding from supporting such a site.
Dozens of environmental groups and nuclear watchdogs also have outlined their concerns about the projects in comments to the U.S. Energy Department.
Man who helped thwart attempted kidnapping killed in crash — Associated Press
An 18-year-old Las Cruces man who was hailed as a hero for helping thwart a 2020 attempted kidnapping and assault has died in a motorcycle crash, police said.
Canaan Bower was killed Wednesday when his motorcycle collided with a car making a turn, police said Thursday in a statement.
Bower was a 16-year-old high school wrestler when he body-slammed a man who allegedly punched a woman at a bus stop and demanded she turn over her three children to him.
Bower intervened and held the man for sheriff's deputies.
The March 25, 2020 incident drew national attention, the Las Cruces Sun-News reported.
Bower was selected as the USA Wrestling Athlete of the week, in recognition of his bravery, and the New Mexico State Senate proclaimed him as a hero.
Bower was recognized by Doña Ana County with a proclamation, honoring his courage, bravery and heroism, and naming that day as the Canaan Bower day of Valor.
His mother, Kara Garrett Bower, said on social media that the family was overwhelmed with sadness.
"Canaan lived life to the fullest, and loved with his whole heart. He will be forever missed," she said.
New Mexico terror trial in limbo years after compound raid - By Morgan Lee Associated Press
A federal judge on Thursday sought to evaluate the mental health of a woman charged with kidnapping, firearms and terrorism-related counts — nearly four years after authorities arrested her and four other adults from an extended family at a squalid New Mexico compound and recovered the remains of a 3-year-old boy.
Courtroom deliberations about Haitian national Jany Leveille's mental health took place in Albuquerque at a hearing closed from public view, on the request of her lawyers, to consider whether she understand the criminal charges against her, which she has denied. No updates were provided by the court.
An FBI agent previously testified in a preliminary hearing that Leveille's two teenage sons told authorities they were trained on how to use firearms and defensive tactics by adult relatives at the compound near the tiny community of Amalia not far from the Colorado state line.
The teens also reportedly said the training was taking place in preparation to launch attacks, linked to a future religious resurrection, against government institutions including federal law enforcement and schools, the agent testified.
A grand jury indictment alleges Leveille and her partner instructed people at the compound to be prepared to engage in jihad and die as martyrs, and that one more relative was invited to bring money and firearms.
Defense attorneys have said their clients would not be facing terrorism-related charges if they were not Muslim.
The deliberations about Leveille's mental competency took place more than three years after sheriff's officials and state agents raided the ramshackle encampment in the remote desert surrounded by berms of used tires with an adjacent firing range. They were searching for a sickly 3-year-old who had been reported missing by his mother in Georgia.
Sheriff's deputies and state agents initially found 11 hungry children and a small arsenal of ammunition and guns. After days of searching, they recovered the decomposed remains of the 3-year-old in an underground tunnel.
Mental health concerns about Leveille and three other defendants have contributed to the delay in preparations for their trials, along with disruptions caused by the coronavirus pandemic.
Leveille's lawyer, Aric Elsenheimer, declined comment on Thursday. But the lawyer for Siraj Ibn Wahhaj, Leveille's partner and the father of the deceased child, said her client's right to a speedy trial has been violated because he has been incarcerated since his arrest in August 2018,
"Our client is innocent of the charges that have been filed against him and the law presumes his innocence," said the lawyer, Erlinda Johnson. "We are looking for to our day in court and the day that we actually proceed to trial."
Prosecutors for the case at the U.S. attorney's office declined to comment on recent developments, though they opposed the motion to prevent members of the public from attending Leveille's competency hearing.
She has been described in court documents as a leader of the group of extended family members who settled at the compound in late 2017, including her six children. Leveille has resided in the U.S. for more than 20 years after overstaying her nonimmigrant visitor visa, authorities have said.
She was arrested with four other adult defendants in the raid, days before the child's body was recovered. All except the deceased boy's father are charged in the child's kidnapping. U.S. law generally does not allow authorities to charge parents with kidnapping their own children, except in international cases.
Authorities said the deceased child, Abdul-Ghani Wahhaj, suffered from untreated disabilities as Leveille and Siraj Ibn Wahhaj performed daily prayer rituals over him — even as he cried and foamed at the mouth.
Authorities also said Leveille believed medication suppressed the group's Muslim beliefs. Forensic specialists determined the child died several months prior to the recovery of his body.
The FBI agent who interviewed Leveille's two teenage sons also testified that Leveille expected Abdul-Ghani Wahhaj to be resurrected and provide instruction to get rid of institutions that involve teachers, law enforcement and banks.
Leveille is charged with possessing a firearm while living in the country illegally, while the other suspects have been accused of conspiring to provide her with firearms and ammunition.
A brother of Leveille, living in Haiti, has said the group sought to retreat from mainstream U.S. society and that its use of firearms has been misconstrued.
All five defendants are charged with conspiracy to commit an offense against the United States and providing material support to each other as potential terrorists by crossing state lines with firearms and training at the New Mexico compound.
The defendants have denied all charges.
Albuquerque-based Chief U.S. District Court Judge William Johnson on Wednesday approved a request from Leveille's lawyer to close public access to the mental competency hearing for Leveille, saying it involves details of medical treatment and sensitive personal and psychological matters.
"The defendant's interest in keeping these medical and personal matters private and confidential outweigh the public's interest" in having an open hearing, the judge wrote.
Johnson initially ordered Leveille hospitalized in October 2019 for mental health treatment for up to four months in response to concerns about mental illness.
Albuquerque council votes to rein in mayor's crisis powers - Associated Press
The Albuquerque City Council has narrowly voted to reverse its 2020 action at the start of the pandemic to expand the mayor's emergency powers during a public health crisis.
The council on Monday voted 5-4 to revoke Mayor Tim Keller's power under the city's emergency powers ordinance to do such things as ordering closures of streets or places of mass gatherings, canceling city events and reallocating up to $1 million in the city budget.
Instead, the mayor could only issue "advisories and recommendations" during a public health crisis, the Albuquerque Journal reported.
Keller spokesperson Ava Montoya said Thursday the council's action is subject to a potential veto by the mayor. "We're carefully considering the legislation," she said in an email.
Councilor Dan Lewis proposed the change, saying that Keller had hardly invoked his powers and mostly deferred to orders issued by New Mexico Gov. Michelle Lujan Grisham's administration.
A high-ranking Keller appointee, Chief Operating Officer Lawrence Rael, opposed the change, saying the administration had used the newly revoked procurement flexibility and needed the ability to move quickly.
Lewis said the spending could have been accomplished "in a variety of ways, including (getting) support from the council."
New Mexico regulators consider more oil and gas rules - By Susan Montoya Bryan Associated Press
New Mexico regulators started deliberations Thursday on another set of rules proposed by Gov. Michelle Lujan Grisham's administration to crack down on pollution across the oil and natural gas sector.
Their discussions came amid a rekindled national debate over domestic production as concerns grow over instability in the global energy market.
The proposal before the state Environmental Improvement Board is the second piece of the Democratic governor's plan for tackling pollution blamed for exacerbating climate change. State oil and gas regulators adopted separate rules earlier this year to limit venting and flaring as a way to reduce methane pollution.
Board members acknowledged the complexity of the proposal that has been two years in the making and the subject of many hours of testimony by environmentalists, industry leaders and other experts.
Board members talked about the several counties that will fall under the rules as well as word changes that the petroleum industry has proposed for some sections of the proposal.
"You have dozens of decisions to make. Some of them are profoundly significant," hearing officer Felicia Orth told the board.
The board has until April 25 to take a final vote.
This latest effort, led by the state Environment Department, focuses on oilfield equipment that emits smog-causing pollution. Environment Secretary James Kenney touted the rules as the most comprehensive in the U.S.
"New Mexicans can breathe easier knowing nationally-leading rules are imminent and the Environment Department will enforce them," he told The Associated Press in a statement ahead of the board's deliberations.
New Mexico is home to part of the Permian Basin — one of the world's most productive oilfields. Initial concerns focused on how New Mexico's proposed rules could affect the industry and cut into state revenues. Those concerns shifted this week due to instability in the global energy market and the renewed debate over domestic production.
State House Minority Leader Jim Townsend pointed to skyrocketing gasoline prices and described the governor's effort to limit oil and gas operations as "tone-deaf."
"Our state is uniquely positioned to provide energy independence for our country and whether the progressives like that or not, we all need to do our part to ensure New Mexico and the United States of America are energy independent," the Artesia Republican said. "New Mexicans across the board are feeling the burden of regressive political tactics that Lujan Grisham continues to force on each of us."
Lujan Grisham earlier this week did join other governors in asking congressional leadership to support legislation that would suspend the federal gas tax until the end of the year.
The emissions proposal includes minimum requirements for operators to calculate their emissions and have them certificated by an engineer and to find and fix leaks on a regular basis. The rule would apply to compressors, turbines, heaters and other pneumatic devices.
If companies violate the rule, they could be hit with notices of violation, orders to comply and possibly civil penalties.
As the proposal was being finalized over the last year, environmentalists pressured the state not to allow any exceptions, pointing to elevated levels of emissions in New Mexico's oilfields.
New Mexico officials have said that once adopted, the rule could lead to reductions in ozone-causing pollution that would equal taking 8 million cars off the road every year. Methane emissions also would be reduced as a result.
New Mexico inmate stabs officer at state prison in Grants - KOB-TV, Associated Press
An officer with the New Mexico Corrections Department is recovering after being stabbed by an inmate at the Western New Mexico Correctional Facility in Grants, officials said.
It happened Tuesday night while the officer was locking down a housing unit, Albuquerque television station KOB-TV reported.
Authorities are still investigating how it happened.
Court documents show that nearly a year ago, the inmate — identified by authorities as Jesus Alberto Robles — had attacked an officer at the Chaves County Detention Center in Roswell in eastern New Mexico with a screwdriver while he was waiting to be sentenced for his girlfriend's murder. A judge sentenced him to 20 years for that killing.
Robles was recently moved to the prison in Grants to serve the sentence.