New Mexico taxpayers getting rebates due to budget surplus - Associated Press
A multibillion-dollar surplus due to a surge in oil income will allow New Mexico to send rebates to eligible taxpayers as the state moves to return more than $673 million to residents' pockets, Gov. Michelle Lujan Grisham announced Friday.
The Taxation and Revenue Department says any New Mexico resident who filed a 2021 state tax return and was not declared as a dependent on someone else's return will receive their rebates automatically starting in June.
Taxpayers who received a refund by direct deposit on their 2021 return will have the rebate deposited into their bank account. Everyone else will get a check in the mail. Single filers will get $500, while married couples filing jointly will get $1,000.
Lujan Grisham noted that prices remain high in a state with elevated poverty rates and low workforce participation, but said New Mexico "is in a fantastic financial position."
Surging oil prices and output have created an estimated $3.6 billion annual surplus over budgeted spending for the coming fiscal year.
While supporting the rebates, the Democratic governor earlier this month scaled down a tax relief package backed by Democratic-led Legislature that she worried could hurt government spending on public education, heath care and law enforcement.
New Mexico residents have until May 31, 2024, to file a 2021 return and still qualify for the rebates. Those who don't have to file a state tax return because of their income can apply for relief payments on a first-come, first-served basis through the state's Human Services Department.
NM ready to defend new nuclear waste bill against industry and federal opposition - By Danielle Prokop, Source New Mexico
The future is uncertain for a privately owned high-level nuclear waste facility halfway between Hobbs and Carlsbad due to a new state law poised to go into effect June 15.
Senate Bill 53 prohibits the state or other New Mexico authorities from issuing permits, contracts or leases for a disposal site for high-level nuclear waste, like the one proposed by Holtec International.
The ban is lifted under two conditions.
The state must approve the facility and that the federal government adopts a permanent underground storage site for nuclear waste.
But not everyone is so certain. In testimony before lawmakers, lobbyists for Holtec International said that New Mexico was overreaching with the law. Federal laws trump any state laws that conflict with federal code – called ‘preemption’ in legal terms.
Rikki-Lee Chavez, a lobbyist for Holtec, told the House Government, Elections and Indian Affairs committee in February that Senate Bill 53 ignored efforts by Southeastern local leaders that encouraged the facility.
She argued that New Mexico “seeks to circumvent the vigorous review by the Nuclear Regulatory Commission by adding requirements after Holtec has successfully completed all application steps.”
The questions on preemption were repeated by committee members on both sides of the aisle. Sponsors Rep. Matthew McQueen (D-Galisteo) and Sen. Jeff Steinborn (D-Las Cruces) responded that New Mexico is within its rights and authority to limit permits for constructing the facility.
“We can’t regulate nuclear safety, or regulations like that,” McQueen told the committee. “But we can still issue building permits; we can still specify the widths of the roads and thickness of asphalt, things like that.”
On top of federal EPA approval, Holtec also needs licenses from the New Mexico Environment Department and New Mexico Transportation Department to operate, according to the project’s Environmental Impact Statement. That report states Holtec will apply for five licenses with those state agencies.
Steinborn told Source NM that the state is prepared for opposition from the nuclear industry or even federal agencies that could come out against the new law.
“It’s great that we passed it, we created a little leverage for our state, but now we’re going to have to keep fighting,” Steinborn said.
WHAT IS THE FACILITY? WHAT WILL IT DO?
Holtec International is a nuclear-equipment manufacturing company headquartered in Jupiter, Florida. The company plans to build a nuclear storage facility in southeastern New Mexico to store spent fuel from nuclear power plants around the country.
Spent fuel contains ceramic pellets, usually made with uranium-235, inside metal rods used in electric generation at nuclear power plants. The rate of decay for radioactive wastes varies, but many of the materials can be radioactive for decades to tens of thousands of years. These hazardous materials can produce fatal radiation doses over long periods of time, or can contaminate the environment. This waste is kept on the sites of current and former nuclear power plants around the country.
Despite a federal mandate, there is no permanent disposal site for high-level nuclear waste in the United States, a longstanding issue approaching its third decade.
Holtec first applied for a permit for a “Consolidated Interim Storage Facility” in 2017 to be constructed in Southeastern New Mexico.
Currently, federal regulators have not licensed the Holtec facility. The Nuclear Regulatory Commission, which oversees safety and permitting for nuclear facilities across the country, delayed issuing a permit for the prospective facility in southeastern New Mexico. NRC officials wrote they would consider the final decision for a license and a safety evaluation in May in a recent letter to Holtec International
Holtec is working in partnership with the Eddy-Lea Energy Alliance, which owns the land. The group is made up of government officials from the cities of Carlsbad and Hobbs and Lea and Eddy counties. The alliance is a vocal supporter of the facility, saying the site offers at least 215 construction and radiation worker jobs with pay starting at $75,000.
The project is years behind schedule. Initial estimates had the plant starting construction in 2020 after receiving the necessary permits and fully operational by 2023.
WHAT’S THE ‘PREEMPTION’ ARGUMENT HERE?
Preemption was front of mind when crafting the bill, said Doug Meiklejohn, an attorney that specializes in land and water issues at the nonprofit Conservation Voters New Mexico.
“Federal law is the supreme law of the land,” Meiklejohn said. “If the federal government has passed a statute, and New Mexico passes a law that contradicts it, then New Mexico’s statute is invalid.”
Much of nuclear regulation in the beginning of the Atomic age was squarely in the hands of the federal government, since it was a matter of national security and weapons manufacturing. As nuclear became a source of public power it led to court battles between states, the federal government and the nuclear industry seeking to redefine regulations.
“There are cases that have opened up some areas and made clear that states do retain some authority in specific areas – where it’s not directly about nuclear facility design or nuclear safety,” said Bruce Baizel, general counsel for the New Mexico Environment Department.
Baizel and Meiklejohn advised on the bill’s language.
They pointed to a 2019 U.S. Supreme Court decision allowing Virginia’s ban on uranium mining to stand, and declined to expand the powers of the Nuclear Regulatory Commission.
The key, Baizel said, is that both Holtec and the Nuclear Regulatory Commission acknowledged the state has some permitting power for constructing the facility.
In terms of next steps, all eyes are on the Nuclear Regulatory Commission’s decision expected in May. Then, it would be up to Holtec to apply for the necessary permits from the New Mexico Environment and Transportation Departments.
“It may be that Holtec would want to go to another state where it doesn’t run into this kind of opposition,” Meiklejohn said.
Video: Police shoot man after responding to wrong address -
By Susan Montoya Bryan Associated Press
Authorities in northwestern New Mexico on Friday released body camera footage of police officers opening fire and killing a homeowner after they showed up at the wrong address in response to domestic violence call.
The video released by the Farmington Police Department — just over a week after the April 5 nighttime shooting — showed officers arriving at the home. They walked up to the front door, passing the address that was posted on the home and illuminated by an exterior light, knocked on the door and announced themselves.
While knocking twice more, the officers can be heard asking a dispatcher to confirm the address and to tell the caller to come to the door. The dispatcher states the address of a home across the street.
It was soon after that the homeowner, armed with a handgun, opened the door and the officers immediately began shooting, firing multiple rounds as they backed away. The man can be seen dropping to the ground.
About a minute afterwards, a woman can be heard screaming inside the home and more shots ring out.
Authorities have said the man's wife returned fire from the doorway, not knowing who was outside, prompting the officers to fire again. She was not injured but could be heard screaming and crying after the second volley of shots were fired.
Dispatchers also received a frantic call from the man's daughter, saying she heard bangs and then gunfire and that her dad needed help. She and two other children were inside the home at the time of the shooting.
The video showed a chaotic scene erupting about 4 minutes after officers first arrived at the wrong address. Once the gunfire stopped, sirens could be heard blaring as more officers arrived.
The homeowner's wife can be heard pleading with officers. "Help! Somebody shot my husband. Please! Please! My kids are upstairs," she said.
Officers were asking her to come outside and one yelled to put her in handcuffs as she was led away from the home.
Why officers approached the wrong address remains part of an ongoing investigation, Farmington police said.
Farmington Police Chief Steve Hebbe said Friday that the department was releasing the video out of a desire to be forthcoming and transparent about what he has called a dark day for the police force and for the family of homeowner, who was identified as Robert Dotson, 52.
The department said the video also was reviewed by the Dotson family and their attorney before it was publicly released.
"All of us — the men and women of the Farmington Police Department — recognize the severity of this incident. We will do everything possible to more fully understand what transpired here," Hebbe said.
"Once again, we wish to express our condolences to the Dotson family and as your chief of police, I wish to convey how very sorry I am that this tragedy occurred. We will continue to provide updates as we are able."
Three officers have been placed on paid administrative leave pending an ongoing investigation. The officers have not been identified.
The case comes amid an ongoing reckoning across the country over use of force by law enforcement officers.
The State Police Investigations Bureau continues to review the case, saying findings will be shared with the district attorney for further review.
Spaceport America makes moves to build reception center - By Danielle Prokop, Source New Mexico
An effort to design and build a new reception center in southern New Mexico at Spaceport America is underway, although the bidding process is still under wraps.
In 2019, lawmakers awarded $10 million in capital outlay funds for the centerpiece building and other New Mexico Spaceport Authority improvements.
New Mexico Spaceport Authority put the project out for bid in February 2022, two years after the governing board approved spending $9 million to construct the new building during a virtual video meeting in Dec. 2020.
The current facilities in the desert scrublands outside Truth or Consequences used $220 million of public money in construction between 2006 and 2012.
In a 117-page request for bid, the proposed building is described as a three-story, 30,000-square-foot welcome center with staff offices, conference rooms, an auditorium, cafeteria and dining area, and a server center.
Spaceport officials declined an interview Tuesday, saying the project is confidential until a contract is signed. The schedule attached to the bid estimated that a final contract could be signed by April 15.
“The schedule after the submission of proposals is not considered a set schedule, only an estimate,” Carruth said. “Therefore, those dates are not exact and the process does not always stay exactly on track.”
Currently all visitors go through the Spaceport Operations Center, which also houses its largest tenant Virgin Galactic. That “presents certain security risks,” Spaceport officials wrote in a recent audit, since the building is behind the aviation operations area.
Poor drainage has damaged portions of the iconic dome roof. The spaceport had to replace 20 skylights and will continue to undergo repairs. Spaceport America Executive Director Scott McLaughlin said the group is hiring contractors to develop a “more holistic” maintenance plan for the roof.
“We were unprepared for the rains that came this summer,” McLaughlin told lawmakers in February, assuring them “we’re on top of it.”
Since 2018, the New Mexico legislature appropriated more than $55 million for multiple Spaceport capital outlay projects. More than $34 million went unspent, the Legislative Finance Committee noted in its April 2022 report, the most recent from the state.
McLaughlin told lawmakers that Spaceport was” spending money much quicker on the capital improvement” in an effort to complete projects.
Four capital outlay projects at Spaceport America have been funded including a refueling center, hangar construction, the new reception building, and updating internal roads and utilities.
All four projects were “red rated” by the LFC. A red rating means there’s been little to no activity and “significant obstacles” to complete the project. Another project is in the planning stages to “advance engineered concepts” for the new reception center paid for by $10 million in severance tax bonds is behind schedule.
In the most recent budget, the New Mexico Spaceport Authority received just over $4 million from the General Fund. Their revenues pull in about $7 million from rental and tour income and their total budget is nearly $11 million.
McLaughlin said Spaceport generated $3 million in income and other tax revenues for New Mexico, in a September 2022 presentation.
Both Virgin Galactic and Spaceport officials have not announced any dates for the long-promised start for commercial flights. Virgin Galactic has promised commercial spaceflight operations for the past 15 years.
Virgin Galactic’s first fully-crewed flight took off from the Spaceport in May 2021. Despite the company’s insistence that the flight was a “success,” the Federal Aviation Administration grounded the plane after an investigation found the rocket dipped below its allowed airspace, mandating additional test flights.
The most recent plan, according to a February earnings call, is to fly members of the Italian Air Force in a manned mission. After that mission Virgin Galactic would start up commercial flights for the 600-plus people who’ve purchased a spot in line. Company officials have not announced any date, for the flights to start.
Most launches from Spaceport America have occurred during SA Cup events, a university-level rocket competition. In their most recent audit, officials said of 400 rockets or projectiles launched at spaceport, 321 of those – about 80% – were university student rockets.
NM governor makes leadership change at child welfare agency — Morgan Lee, Associated Press
Gov. Michelle Lujan Grisham is making a leadership change at New Mexico's embattled foster care and child welfare agency.
The governor on Thursday announced the departure of Barbara Vigil as secretary of the Children, Youth and Families Department, effective May 1, while the administration searches for a replacement. For the interim, the agency will be lead by Teresa Casados, a political appointee and top administrator to the governor's office.
New Mexico's repeat rate of reported child abuse cases is among the worst in the country, amid chronic workforce shortages in the child welfare system and high turnover among employees in protective services.
The state has responded in recent years with increased investments in services aimed at preventing abuse.
In February, the governor outlined new efforts to make the agency and its protective services division more responsive to the needs of children and complaints from families. She commissioned a policy advisory council that Vigil will now join for its first meeting in May.
Republican state Sen. Crystal Diamond of Elephant Butte expressed frustration with the leadership change and the recent rejection of legislative proposals on child welfare.
"Legislators were bullied by the governor into rejecting viable, bipartisan solutions with the empty promise that Secretary Vigil would be a steady hand of change," Diamond said in a statement. "This is truly a sad day for New Mexico."
Vigil, a former state Supreme Court justice, took the reins of the agency in October 2021 amid New Mexico's longstanding struggle to improve childhood wellbeing.
On Thursday, Lujan Grisham called Vigil a stabilizing force for the agency, where she improved relationships with staff and constituents including Native American communities.
Vigil oversaw initial implementation of the state's Indian Family Protection Act, aimed at preventing any arbitrary separation of Native American children from cultural ties to tribal communities.
But frustrations with the agency and concerns about child welfare continue to run high.
This year, Republican lawmakers in the legislative minority led calls for greater accountability through jilted proposals to hire a "chief child advocate" to investigate grievances and new standards for assessing the needs of children.
The governor signed a bill establishing tighter deadlines for courts to determine whether youths remain in state custody, but rejected other accountability initiatives — including a failed proposal to create a civil rights division at the attorney general's office to advocate for the rights of children.
In a statement, Vigil was hopeful about prospects for improvements.
"Collaborating with child welfare professionals, we built a foundation for lasting change and positive outcomes for our children and families, she said.
Snowmelt spurs flooding from Southwest to Rockies, 2 rescues — Associated Press
A rapid spring snowmelt after an unusually wet winter is unleashing flooding from the Southwest to the Rockies, causing residents there and in the Upper Midwest to evacuate or stock up on sandbags amid surging creeks and rivers.
In New Mexico, emergency crews rescued people from at least two vehicles from high water Thursday night in Jemez Pueblo north of Albuquerque, the National Weather Service said.
But there were no immediate reports of any deaths of serious injuries. A flood warning was in effect for communities along the Jemez River into next week.
In Flagstaff, Arizona, neighbors on one street have been working side by side since Tuesday with shovels to stave off floodwaters from their homes.
Three creek-retention basins installed last year helped better navigate water that rushed down from burned mountains above the city, officials said. Still, water engulfed the shoulder of a local highway, and several roads and sidewalks were closed this week as the weather warmed and snow melted, making its way into neighborhoods. Sections of urban trails also were submerged.
Officials said it was a scenario that came without a playbook.
"It would be nice to have an exact model of what we need to do, but we don't," Flagstaff Vice Mayor Austin Aslan told the Arizona Daily Sun. "We don't know what the next fire will look like, or where that scar will be. There's small differences that will direct water to one neighborhood or another."
Sandoval County in north-central New Mexico issued an emergency disaster declaration in the wake of severe flooding in communities near the Jemez River.
No evacuations had been ordered, but residents in an area between Jemez Pueblo and Jemez Springs that regularly floods in the summer rainy season were collecting sandbags as a precaution. A local police chief estimated a dozen homes and other structures along the river could be at risk of being inundated with water.
"Warm temperatures continue to cause rapid melting of snowpack, causing increased river flows," the National Weather Service in Albuquerque said Thursday night.
The deluge also led to spillover from a wastewater treatment plant, which was contributing recycled water into the Jemez River. The U.S. Forest Service advised people not to fish in the river or drink water south of the plant.
In Salt Lake City, Mayor Erin Mendenhall signed an emergency order late Wednesday aimed at helping residents whose homes were threatened by flooding in the southeastern part of the city. Rapidly melting snow in the nearby mountains sent water coursing through a creek in the neighborhood, prompting the voluntary evacuation of about 100 homes.
The water was receding as cooler weather moved into the area. Even so, multiple mudslides were reported on canyon roads, including one that forced the temporary closure of Interstate 80 southeast of the city early Thursday.
On Wednesday, local officials north of Salt Lake City issued evacuation orders for at least 20 homes in Kaysville, where flooding ripped a large gash that damaged a street, sidewalks and driveways in a subdivision that was under construction.
Meanwhile, heavy snowpack and highs expected to reach 60 degrees Thursday were causing flooding in northwest Colorado, where transportation officials closed Highway 40 between Craig and Steamboat Springs, a popular ski area that has received more than 400 inches (1,016 centimeters) of snow this winter.
Flooding in the small mountain town of Hayden forced schools to close. Rain was in the forecast Thursday afternoon, with the expectation of turning to snow overnight.
The Colorado Department of Transportation posted photos online showing Dry Creek spilling over its banks at a bridge there, as well as floodwater threatening several parked recreational vehicles.
The National Weather Service said some roads might become impassable during the weekend and urged motorists not to drive through flooded crossings.
There were no reports of major damage, however, in Utah or Colorado as of Thursday.
In the Northern Plains, a speedy snowmelt and possible April showers stoked fears of heavy flooding. Residents have been assembling thousands — if not hundreds of thousands — of sandbags to hold back water.
The Red River Valley, which includes Fargo in North Dakota and Moorhead in Minnesota, had one of the snowiest winters on record. Heavy rain could cause the river to rise quickly, Moorhead city engineer Bob Zimmerman told Minnesota Public Radio.
Minnesota's Democratic Gov. Tim Walz said Thursday at a news conference that the state is ready to respond with financial help for flooding if needed.
He added that warmer temperatures and rising waters from climate change have factored into the state's months-long preparation for the spring flooding season.
Local, state and federal public safety and emergency management partners have ramped up monitoring and preparation efforts, according to the state's Department of Public Safety.
North Dakota Gov. Doug Burgum has declared a statewide emergency for spring flooding, and he made the National Guard available to help fight floods in the coming weeks, the Bismarck Tribune reported. The city of Bismarck opened sites for residents to fill their own sandbags.
In northern Montana, the Milk River was expected to rise to its highest level in more than a decade and swamp some rural areas.
Emergency officials along the river in Glasgow were patrolling the levee protecting the city of about 3,200 people to make sure it held up, said Valley County Disaster and Emergency Services coordinator Rick Seiler. Shelters were being arranged in case low-lying areas need evacuations.
The flooding was forecast to continue through next week, according to the National Weather Service.
Heavy rain was falling across the region on Thursday while snow continued to pile up at higher elevations, Seiler said.
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Associated Press writers Trisha Ahmed in Minneapolis; Matthew Brown in Billings, Montana; Terry Tang in Phoenix; Thomas Peipert in Denver; and Scott Sonner in Reno, Nevada, contributed to this report.
Dairy farm explosion injures 1 person, kills 18,000 cattle — Associated Press
An explosion at a dairy farm in the Texas Panhandle that critically injured one person and killed an estimated 18,000 head of cattle is the deadliest barn fire recorded since the Animal Welfare Institute began tracking the fires.
Castro County Sheriff Salvador Rivera has said the Monday fire and explosion at Southfork Dairy Farm near Dimmitt was likely caused by overheated equipment and would be investigated by state fire marshals.
"This would be the most deadly fire involving cattle in the past decade, since we started tracking that in 2013," institute spokesperson Marjorie Fishman said Thursday.
The institute also tracks barn fires that kill other livestock, including poultry, pigs, goats and sheep.
"The deadliest barn fire overall since we began tracking in 2013 ... was a fire ... at Hi-Grade Egg Producers North, Manchester, Indiana, which killed 1 million chickens," according to Fishman.
A 2022 report by the institute noted "several instances in which 100,000 to 400,000 chickens were killed in a single fire."
A phone call to South Fork Dairy rang unanswered on Thursday.
A spokesperson for the state insurance department, which oversees the fire marshals' office, said only that the fire is under investigation and referred questions to Rivera, who did not immediately return phone calls for comment Thursday.
Insurance department spokesperson Gardner Selby declined comment on the injured person's condition.
Dimmitt is about 50 miles (80 kilometers) southwest of Amarillo and 50 miles east of the New Mexico border.
