Roundhouse one step away from giving millions for Hermits Peak-Calf Canyon fire recovery - By Megan Gleason, Source New Mexico
Fixing the only road into town. Repairing aquifer systems so families aren’t worried about the water they drink or use for cattle or farming.
That’s the kind of work that northern New Mexico counties could finally pay for if the state House passes the Hermits Peak-Calf Canyon Fire Recovery Funds bill.
Monday, the House Appropriations and Finance unanimously passed Senate Bill 6.
It now heads for a debate on the House floor, and awaits signature by Gov. Michelle Lujan Grisham who made this legislation a priority in her State of the State speech.
If signed into law, $100 million in zero-interest loans will be available for local counties and governments that are approved for federal relief dollars to fund projects to fix damage from the massive 2022 fire and subsequent flooding.
Any local government that takes from this pot will have to repay the state once they receive federal dollars.
“This is not free money,” Sen. Pete Campos (D-Las Vegas) said. “These are resources to go in to help right now.”
Smaller rural areas are unable to cover costs to quickly rebuild after the disasters tore through the region last year.
Ali Rye, deputy secretary for the New Mexico Department of Homeland Security and Emergency Management, said there are around 72 entities that could be eligible for state loans, such as Mora County or the City of Las Vegas.
Rep. Meredith Dixon (D-Albuquerque) asked the sponsors if they considered making the legislation a long-term, revolving fund to be used for future disasters. Rye said there were a few discussions but nothing concrete. She added that something like that would be beneficial for the state.
“We weren’t ready in the state for a disaster like this,” Rep. Ambrose Castellano (D-Serrafina) said. “And I think if we could make this recurring, I think it’s something that could protect our state for years to come.”
Rep. Joseph Sanchez (D-Alcalde), another one of the bill’s sponsors, said lawmakers are trying to get this legislation through the Capitol as quickly as possible. It has an emergency clause that would allow Gov. Michelle Lujan Grisham to sign it immediately so it could go into effect right away.
That’s why Rep. Cathrynn Brown (R-Carlsbad) didn’t try to minorly amend the bill during Monday’s committee. If the legislation changed at this point, it would have to go back to the Senate for approval.
Rep. Nathan Small (D-Las Cruces) is the chair of House Appropriations and Finance. He said it’s rare for the committee to hear legislation this early before working out the budget, “However, we recognize the importance.”
Las Vegas city councilor David Romero said it’s difficult for the city to afford all the necessary recovery projects without money like this being available now.
Billions in federal relief earmarked by Congress could take years to make its way to northern New Mexico.
“This is going to help us in the interim because that type of money, we can’t afford it,” he said.
Last week, Las Vegas received $2.6 million to pay for pre-engineering assessments as part of more than $140 million it expects to get to build a new water treatment facility. And that project could take at least five years to finish, Las Vegas Mayor Louie Trujillo said.
A few lawmakers voiced concerns that this legislation is only helping public bodies, and not communities directly.
Rep. Harry Garcia (D-Grants) questioned why the state has to front any money, arguing the responsibility is completely with the federal government since the U.S. Forest Service started the prescribed burns that led to the largest wildfire in state history.
“I support this bill. I really do,” he said. “But they need more money than this.”
Sanchez said New Mexico can’t afford to hand out as much money allocated by Congress, so in the meantime, he said, the state is trying to help while communities wait for payments.
“We’re trying to bridge the gap,” he said.
The state’s federal delegation visited the Roundhouse in Santa Fe on Monday, too. U.S. Reps. Teresa Leger Fernández and Gabe Vasquez thanked the lawmakers for the recovery legislation.
Leger Fernández also said there are opportunities to reshape recovering communities.
She suggested building energy-efficient, fireproof homes or creating small businesses while the forest regrows. She added that an economic center could help guide those kinds of projects, and encouraged lawmakers to fund these initiatives.
“I want us to think creatively about what the phoenix rising from those ashes can look like,” Leger Fernández said.
Wildfire damage prompts calls for funding water system - By Susan Montoya Bryan Associated Press
Dozens of traditional irrigation systems that supply community farms, gardens and orchards in northern New Mexico won't flow with water this spring, forcing many families to decide whether to risk planting crops this year with no guarantee of water.
Rural officials testified Tuesday before a state Senate committee, saying the damage done to the acequia system is a devastating consequence of a historic wildfire that the U.S. Forest Service sparked last year during a prescribed burn operation that went awry.
Portions of the earthen canals have been wrecked by post-fire flooding and are choked with debris.
Paula Garcia, who heads the New Mexico Acequia Association, told lawmakers that the systems are managed by volunteers and that without resources, it will be impossible to clean and clear them before the irrigation season begins.
"They are full of silt, sediment, ash, debris and they will not flow this spring — and that's endangering a whole way of life that's been in our valley for hundreds of years," said Garcia, who lives in the shadow of a burn scar that stretches across more than 530 square miles of the Rocky Mountain foothills.
Garcia and others testified in support of legislation that would double the amount of money earmarked annually to fund community ditch infrastructure and construction projects. The bill also includes language that would allow the money to be used for disaster response, recovery, hazard mitigation, and for meeting matching requirements under other state and federal programs.
It's one of a series of bills aimed at addressing what many lawmakers have described as a water crisis in the drought-stricken state — which has been complicated by fallout from the Hermits Peak-Calf Canyon Fire in northern New Mexico and another blaze that charred more than 508 square miles of the Gila National Forest.
Congress has approved billions of dollars in federal funding for wildfire recovery in northern New Mexico, but supporters of the state legislation noted that having a sustainable pot of money for farmers elsewhere would help fill the gap left when federal assistance has not been granted.
The New Mexico Legislature also is considering a measure that would clear the way for the state to provide zero-interest loans to local governments in order to repair or replace public infrastructure that has been damaged by wildfires.
Even when the Federal Emergency Management Agency is involved in surveying the damage and decides to dole out recovery funds, Sen. Pete Campos said New Mexico needs to have a way to brace for the next flood or the next wildfire.
"We're trying to make all the resource available for the long term," said Campos, whose district includes communities affected by wildfire.
Another measure that unanimously cleared the Senate Conservation Committee on Tuesday included a $150 million proposal to create a permanent trust fund that would be managed by state investment officers. The goal is to establish a consistent source of revenue for the design, construction, and restoration of reservoirs and dams statewide.
Supporters estimate that there's at least an $8 billion need for water infrastructure improvements statewide.
State Engineer Mike Hamman, New Mexico's top water official, told lawmakers that minimal zoning considerations have allowed for more housing developments to be constructed in areas where dams were originally designed only to protect agricultural lands, not homes and lives.
"When we talk about dams, irrigation, infrastructure, what we have done is neglected our water system overall in the state and that's a very hard statement to make," Campos said.
Production to resume on movie 'Rust' after fatal shooting - Associated Press
Production is expected to resume this spring on the movie "Rust" that was halted in October 2021 after a fatal shooting on the set involving actor-producer Alec Baldwin.
Rust Movie Productions also announced Tuesday that a related documentary will detail the completion of the film and the life of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe.
Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the Western, were charged last month with felony involuntary manslaughter in Hutchins' shooting death.
Authorities said Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.
Hutchins' parents and sister have filed a lawsuit over the shooting after a similar suit filed by her husband and son was settled.
Rust Movie Productions said Hutchins' widower, Matthew Hutchins, will serve as the film's new executive producer with Blanca Cline as the new cinematographer.
Souza will return as director when production resumes although it's unclear in what state the filming will take place.
Rust Movie Productions officials said the use of "working weapons" and "any form of ammunition" will be prohibited on the movie set.
Interior secretary hires Native American as policy adviser – Associated Press
A Native American attorney who oversaw New Mexico's Indian Affairs Department has been tapped to serve as a top policy adviser to U.S. Department of the Interior Secretary Deb Haaland.
The department announced the appointment of Lynn Trujillo as senior counselor to the secretary Friday.
Trujillo is a tribal member of Sandia Pueblo on the outskirts of Albuquerque and has ties to Acoma and Taos pueblos. Haaland is the first Native American to serve as a U.S. Cabinet secretary.
Trujillo worked as a state Cabinet secretary for nearly four years under Democratic New Mexico Gov. Michelle Lujan Grisham as a crucial liaison with Native American communities during the upheaval of the COVID-19 pandemic.
Initiatives during Trujillo's tenure provided increased funding for local school districts on Native American lands held in trust by the federal government — where property taxes cannot be levied.
She also promoted the pursuit of justice for missing and murdered Indigenous people across New Mexico and agreements authorizing tribal cannabis programs to spur economic development in Native American communities. New Mexico legalized recreational cannabis sales last year amid concerns about conflicts with federal prohibition.
Trujillo previously worked as a national Native American coordinator at the U.S. Department of Agriculture on its rural development programs and as general counsel to Sandia Pueblo.
Haaland and Trujillo are both graduates of the University of New Mexico School of Law.
New Mexico overlaps with 23 federally recognized Native American communities including large portions of the Navajo Nation.
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This story was originally published on Feb. 13, 2023. It was updated on Feb. 14, 2023, to correct Lynn Trujillo's title. She is senior counselor, not senior counsel.
Legislature takes up multitude of gun bills sure to face a tough road - Ryan Lowery, Source New Mexico
New Mexico lawmakers are debating a variety of gun bills during the 60-day session in Santa Fe.
Although previous legislation centered on firearm restrictions has historically struggled to make lasting progress in the Roundhouse, Gov. Michelle Lujan Grisham is optimistic lawmakers know they have a responsibility to change the state’s laws before another tragic mass shooting happens.
“State legislators understand the critical importance of tackling the scourge of gun violence in our state with urgency,” Maddie Hayden, the governor’s spokesperson said. “We are proud to be working across party lines on several of these proposals.”
One such bipartisan bill is House Bill 306, sponsored by Minority Floor Leader Ryan Lane, a Republican from San Juan County. The bill seeks to prevent straw purchases, a type of firearm purchase where someone buys a firearm for another person who is legally banned from owning firearms, such as a convicted felon.
That bill is currently waiting to be debated in its first committee on Thursday.
Other bills making their way through the Roundhouse include House Bill 9, sponsored by Rep. Pamelya Herndon (D-Albuquerque), which seeks to require gun owners to store firearms in a manner so that they cannot be accessed by a child, and in the event a child accesses a gun and harms someone, the gun owner could be criminally charged.
Similar proposals stalled. This version, which would make it a misdemeanor to negligently allow a child access to a firearm, and would make it a felony if that negligence resulted in someone dying or suffering great bodily harm. passed the House on a 37-32 vote after a three hour debate last Thursday.
RESTRICTIONS AND BANS
In her State of the State address last month, Lujan Grisham tasked lawmakers with crafting legislation aimed at reducing crime and gun violence, specifically imploring legislators to strengthen the state’s gun laws and to ban firearms commonly classified as assault weapons.
The road to such a ban begins with House Bill 101, which would restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms with certain characteristics, such as semiautomatic rifles with detachable magazines, or semiautomatic pistols with a fixed magazine capable of accepting more than 10 rounds of ammunition.
The bill is currently in the House Judiciary and already has concerns from the New Mexico Attorney General that it could be contested in court due to potential Second Amendment violations, according to legislative analysts.
Rep. Andrea Romero (D-Santa Fe) co-sponsored the legislation and said that while she believes most gun owners in New Mexico act responsibly, high-capacity weapons are often purchased legally by people who seek to harm others with them.
“We have seen far too many mass shootings carried out using these weapons,” she said. “As state lawmakers, we have the power to take this important step to prevent these senseless tragedies.”
As written, the bill would make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state. The legislation does include limited exceptions to the ban, such as police officers and members of the armed forces.
A substitute bill introduced during a hearing last week included a clause to allow current assault weapon owners to keep those firearms, provided they register them with the New Mexico State Police.
Banning any firearm in the U.S. is always a contentious issue, and if passed, the legislation would likely be subject to legal challenges as similar legislation in other states has been.
Earlier this year, Illinois banned the sale or possession of dozens of specific brands and types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. Additionally, rifles are limited to 10 rounds per magazine, and handguns cannot hold more than 15 rounds.
The Illinois law provides a clause similar to proposed legislation in New Mexico that allows anyone who already owns the now-banned items to keep them by registering them with the Illinois State Police.
Three lawsuits came shortly after Illinois Gov. J.B. Pritzker signed the legislation into law on Jan. 10. One complaint is centered on claims that the law violates the Illinois State Constitution, and two federal suits are centered on claims that the law violates the Second Amendment.
Pritzker said during a Jan. 24 news conference that he expected the courts to uphold the ban because the wording in the law is similar to legislation in eight other states with assault weapon bans.
Aside from court battles, Pritzker has faced opposition from county sheriffs and other Illinois law enforcement officials refusing to enforce the new law.
It’s a battle New Mexico lawmakers experienced before they even passed a red flag law in 2020.
That law now allows a law enforcement officer or a prosecutor to ask for a court order to prohibit someone from possessing firearms in cases where they could cause harm to themselves or others. If a temporary 10-day order is granted, a hearing is held to determine whether it should be made permanent for one year.
But well before the legislation ever became law, some sheriffs in New Mexico vowed they would not utilize it, citing concerns over violating the U.S. Constitution. However, the law has not been challenged in court and remains in effect.
UP FOR DEBATE AND READY FOR LEGAL REVIEW
Other gun-related bills during this 60-day session, including a mandatory waiting period on firearm purchases and a bill to prevent the sale of some semiautomatic handguns.
They’ve all passed at least one committee and are waiting for their day before their respective Judiciary committees that will scrutinize the legal ramifications of these proposals, including if they are constitutional.
House Bill 100 would establish a 14-day waiting period for the purchase of any firearm and require a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
The bill includes exclusions for sales between law enforcement officers, and between immediate family members. The proposal, also sponsored by Romero, passed its first committee along party lines and is currently scheduled to be heard in the House Judiciary Committee.
Senate Bill 171 seeks to ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics. Those include a detachable magazine that attaches outside the pistol grip; a threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer; or a shroud that is attached to the barrel that allows the shooter to hold the firearm with the second hand without being burned.
The legislation also applies to firearms that can be modified to shoot automatically by a single pull of the trigger, and it would prohibit the sale of ammunition coated with materials designed to penetrate metal or pierce protective armor, along with ammunition designed to explode or segment on impact.
Senate Bill 116 would establish a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine. The bill would effectively raise the minimum age for buying an AR-15-style rifle from 18 to 21.
Senate Bill 44 would make it a misdemeanor to carry a firearm within 100 feet of a polling location on election day or during early voting. On-duty law enforcement officers and security personnel would be exempt. This bill is moving more than the rest, and is currently waiting for a vote on the full Senate floor.
Any change made by one chamber requires the bill to go back to the first chamber for agreement before the 60-day session ends.
Lawmakers have until noon on March 18 to finalize changes and send bills to Lujan Grisham. If signed by the governor, the bills become law.
New Mexico may seek veto power over spent nuke fuel storage - Associated Press
The New Mexico Senate on Monday approved a proposed ban on the local disposal of spent nuclear fuel, unless the state provides its consent first.
The bill from Democratic state Sen. Jeff Steinborn, of Las Cruces, could impact a proposed multibillion-dollar facility in southeastern New Mexico that is expected to temporarily store spent nuclear fuel from commercial power plants across the nation. The Nuclear Regulatory Commission may announce a decision as soon as March on whether to grant a license to that project from Holtec International.
The Senate endorsed the bill on a 21-13 vote with Republicans and two Albuquerque-based Democrats in opposition to the proposed ban. The bill moves next to the state House for consideration, amid backing from Democratic Gov. Michelle Lujan Grisham.
Steinborn said New Mexico residents should be wary of becoming "guinea pigs" for temporary storage projects before the federal government decides on a permanent storage site.
His proposal found support among Democratic legislators, including Sen. Brenda McKenna, of Corrales, who noted New Mexico already grapples with the impacts of Uranium mining.
"What I'm really tired of is hearing over the decades of how our resources have been excavated and then things get dumped here," she said. "I'm tired of New Mexico being exploited this way."
Several legislators expressed concern that the bill from Steinborn would challenge longstanding federal authority over nuclear safety matters and lead to new court challenges.
"We'll find out where the state's authority ends," said Democratic state Sen. Joseph Cervantes, of Las Cruces, an attorney who voted in support.
New Mexico and neighboring Texas already have sued in federal court over two proposed multibillion-dollar interim storage facilities for spent fuel— the one in southeastern New Mexico and another in Andrews County, Texas.
New Mexico Republican Sen. Craig Brandt, of Rio Rancho, voted against the bill and expressed confidence in the safety vetting of proposed transportation and storage containers that would be used to bring spent nuclear fuel to New Mexico by rail.
Democratic state Sen. Jerry Ortiz y Pino, of Albuquerque, also voted no, saying it was wrong to overrule significant local community support at close range to a proposed storage site.
Nuclear reactors across the country produce more than 2,000 metric tons of radioactive waste a year, with most of it remaining on-site because there's nowhere else to put it, according to the Department of Energy. The federal government pays to house the fuel, and the cost is expected to stretch into the tens of billions over the next decade, according to a review by independent government auditors.
WAC deems New Mexico State's remaining games as forfeits - Associated Press
The Western Athletic Conference has deemed New Mexico State's remaining men's basketball games as forfeits after the program canceled its season amid hazing allegations.
The conference said in a statement Monday night the forfeits will be used for conference standings and seedings because the NCAA doesn't recognize forfeited games in a team's overall record.
"While there is no perfect solution to this unfortunate situation, I believe we landed in the right place," WAC Commissioner Brian Thornton said in the statement. "I applaud our Athletic Directors for working collaboratively with our staff to reach this decision."
New Mexico State canceled the rest of its season on Sunday after the release of a police report that detailed three players ganging up on a teammate and attacking him in a case that includes allegations of false imprisonment, harassment and criminal sexual contact.
On Tuesday, university regents will hold a closed meeting to discuss "limited personnel matters concerning individual employees." It did not name the employees who were to be discussed. The scheduling of the meeting came Saturday, the day after chancellor Dan Arvizu placed coach Greg Heiar and his staff on administrative leave at the same time he suspended the season.
The allegations come less than three months after the suspension of forward Mike Peake, who is being investigated in the case of the fatal shooting of a student from rival school, University of New Mexico, in Albuquerque on Nov. 19.
Peake has not been charged in that case, which included state police stopping the team bus on Interstate-25 as it headed back to Las Cruces shortly after the shooting. Missing from the bus were Peake and three of his teammates, who had taken him to the hospital with an injured leg.
New Mexico Senate to weigh probation and parole reforms - By Austin Fisher, Source New Mexico
When a person gets out of prison in New Mexico and breaks the rules of their probation or parole, they are sent back to prison.
But it’s not usually a new crime that lands them back behind the walls.
In fact, 70% of the people in that situation have committed a “technical” infraction, according to legislative analysts. That could be failing to meet with their probation officer, or using drugs or alcohol.
Hundreds of New Mexicans are re-imprisoned for violating the conditions of their release and make up around 30% of the entire state prison population.
And they stay there longer than one year on average when it’s a parole case.
Senate Bill 84, making its way through the N.M. Legislature, would revise the system and tie punishments to the severity of the violation — rather than the crime that originally sent them to prison, said Kim Chavez-Cook, an appellate defender with the Law Offices of the Public Defender.
The proposal defines a technical violation as an action that doesn’t threaten anyone or that wouldn’t count as a new criminal charge.
The measure would not impact how more serious offenses are handled, Chavez-Cook said.
The way New Mexico approaches these violations now is one-size-fits-all, she said, and has the potential to treat every infraction like it’s severe.
The measure passed through the Senate Health and Public Affairs Committee after some tinkering with the penalties in late January. And on Wednesday, it sailed through the Senate Judiciary Committee on a unanimous 5-0 vote.
The overall goal of the legislation is to limit how long someone is incarcerated for only technical violations, she said.
The reform proposal rolls out alternate penalties that aren’t more prison time at first, but after three infractions, prison is back on the table. And after that, the state Parole Board and the courts would penalize exactly as they do now, Chavez-Cook said.
SB 84 recommends a target maximum sanction but does not mandate it, she said.
With fewer people serving long sentences for technical violations, SB 84 would also save the New Mexico Corrections Department more than $20 million per year, according to legislative analysts.
It doesn’t take a lot of creativity to imagine any number of better uses for these precious state resources, said Denali Wilson, an attorney with the American Civil Liberties Union of New Mexico.
“What if instead of punishing people for struggling when they come home from prison, we invested in their success?” she asked. “The substantial resources that are currently expended to enforce technical parole violations across the state could instead be used to expand transitional housing options, substance abuse treatment and other important mental health resources.”
The bill is sponsored by Sens. Bill O’Neill and Antonio Maestas, both Albuquerque Democrats.
It must go before a full vote in the Senate before it goes through the committee process in the House of Representatives.
PROBATION OFFICERS ‘AN ARM OF LAW ENFORCEMENT’
Supervised release was originally seen as an alternative to prison until the tough-on-crime movement of the 1970s and 1980s changed the conversation, Chavez-Cook said. Then it started to become a driver of the prison population.
Probation officers “went from more of a social worker-type of role to an arm of law enforcement, to surveil people and see if they were making mistakes, and enforce penalties if they were,” she said.
Without support like transportation and housing, or treatment for substance use disorder, most people on probation or parole are set up for failure, said Rikki-Lee Chavez, with the New Mexico Criminal Defense Lawyers Association.
O’Neill was the executive director of Dismas House New Mexico, a prison reentry program for men exiting prison who struggle with behavioral health issues.
“Almost always, they can’t — they test dirty for various substances,” he said. “So the trick here is to hold these individuals accountable for their choices, and at the same time, acknowledge that this is really, so many times, an addiction issue.”
Numerous studies have found community-based sanctions are as effective — if not more effective — than incarceration for addressing violations of release conditions, Chavez-Cook said.
South Carolina uses graduated sanctions, and the state saw infractions resulting in prison time fall by 46%. Hawaii’s use of swift and certain sanctions under a similar system found probationers were 55% less likely to be arrested again, 72% less likely to use drugs, and 61% less likely to skip appointments when they received graduated sanctions.
SEVEN OUT OF 10 VIOLATIONS ARE TECHNICAL
People admitted to state prisons because of a parole violation spent an average of 415 days in prison in Fiscal Year 2021, according to the New Mexico Sentencing Commission.
The Legislative Finance Committee estimates about 70% of the violations are technical.
While it is true prison populations have been on the decline in New Mexico, Chavez-Cook said, there is a significant percentage of people held for breaking their conditions of release.
Nationally, 45% of new prison admissions are because of probation or parole violations, she said, which is about one-quarter of the prison population across the country.
She could not give the committee an accurate count of how many people are in New Mexico prisons right now on probation violations, “because we do not distinguish between an entry for a probation violation and an entry for the underlying felony.”
Lawmaker says local choice energy bill needs a rewrite to get through Roundhouse - By Megan Gleason, Source New Mexico
It could be a long road ahead for legislation that aims to give New Mexicans a choice about where their electricity comes from.
Sen. Carrie Hamblen (D-Las Cruces) is sponsoring the Local Choice Energy Act. It would allow tribal or local governments to enact programs that would let people choose local energy providers over investor-owned utilities serving a majority of the state. In places that adopt Local Choice, people would automatically be signed up with the local provider, though they could opt-out.
Hamblen said it creates potential for cheaper energy rates and more renewable energy use.
The measure passed Senate Conservation with a 6-2 vote split along party lines on Thursday.
Sen. Joseph Cervantes (D-Las Cruces) voted for the bill but was also heavily critical of it, saying it needs to be largely re-written.
He’s the head of the Senate Judiciary Committee, where the legislation is heading next.
“This bill is going to take a lot more work before it would ever be heard or worked on in Judiciary,” he said.
It’s failed before in the Legislature.
Cervantes said the language is far too vague and full of ambiguities and inconsistencies. Sen. Gregg Schmedes (R-Tijeras), who voted against the legislation, also said he’s worried about some of the policies lacking specifics.
The other lawmaker to vote no, Sen. Steven Neville (R-San Juan), asked about power reliability, something Hamblen said would improve. She used the 10 other states that have enacted local choice legislation as an example. Still, many members of the public at the hearing to oppose the Local Choice Energy Act voiced concerns that reliability would decline.
Laura Sanchez, a spokesperson with the Public Service Company of New Mexico (PNM) — the largest energy provider in the state — said deregulated and decentralized systems aren’t dependable, pointing to the 2021 winter storm that caused power outages in Texas.
“What we’ll be facing here, if this bill goes through, is a lot of local energy providers that will have to figure out how to purchase energy on the market and therefore face a generation problem,” she said.
Stephen Fischmann is a former Public Regulation Commissioner and spoke at the hearing as an expert on the bill. He said last summer, New Mexico was scrambling with a centralized utility — PNM — and faced potential shortages, as well. He added that it’s not fair to assume that a local choice energy provider would be less reliable than PNM, and decentralization could be a good thing.
“By distributing that responsibility, you might be less likely to have one player make a goof, and then have half the state or more than half the state suffer as a result,” he said. “And then, in fact, you might have more reliability and more resiliency.”