Community solar developers still waiting on PRC decisions - Hannah Grover, New Mexico Political Report
Before community solar developers can look for potential subscribers, they need to know exactly how receiving a portion or all of a customer’s electricity from a community array will benefit that household or organization.
The New Mexico Public Regulation Commission has not reached an agreement on some of the key aspects to determining those benefits.
The commission may issue an order this week that could at least provide some new clarity, but developers expected an answer to those questions months ago and some are feeling frustrated by the delay. While developers hope for more clarity, the commission could also decide to take more time reviewing the issues, including opening a new rulemaking docket into bill credits.
The potential order that the PRC will consider during its Tuesday meeting comes after it punted on the decision in its last meeting.
During its last meeting, Commissioner James Ellison proposed a new rulemaking focused on the bill credits. Ellison said the current rule closely mirrors language in the Community Solar Act, but he argued that it does not “clarify or operationalize” the statute.
Kevin Cray with the Coalition for Community Solar Access said he was “a little caught off guard” when the commission began discussing closing the existing docket without any resolution and opening a new rulemaking to revisit the credit rate “which has already gone to the (New Mexico) Supreme Court for adjudication.”
He said the state Supreme Court already affirmed that the rate credit aligned with state statute.
“I guess I’m unclear whether that subsequent docket would even come to a different conclusion, and then they’d still need to come back and make all the same decisions that are before right now,” Cray said.
During the commission meeting, Commissioner Gabriel Aguilera expressed concerns that the commission could end up in a similar place after the potential rulemaking.
Cray said that new rulemaking could “punt this program down the road” and delay it for years.
He said the developers and the members of CCSA “made commitments based on the posted credit methodology that the Supreme Court upheld that was the law of the land of the time.”
Should the commission open a new rulemaking, Cray expressed concerns that some of the bids for community solar projects might not survive. That could mean that rather than simply delaying the process, a new rulemaking could actually result in a step backward.
“It would not be a wise business decision for any of the projects to break ground until there’s certainty of what the credit rates are,” he said.
Cray said once that uncertainty about rate credits has been cleared up, there are developers in the position to break ground quickly and start bringing the benefits of community solar to low-income New Mexicans and the economic development to rural communities.
At the same time, Cray said he believes the commissioners “have the right considerations in mind” and are trying to create a sustainable community solar program.
“But I thought it was pretty clear that the commissioners themselves were very different pages,” he said.
Gateway Center’s medical sobering unit to open next month — Damon Scott, City Desk ABQ
Treatment, resources and a foothold toward sobriety: Those are the features expected to be on offer at the Gibson Gateway Center’s new medical sobering unit set to open in mid-December. The project is one that officials have long said will help fill an urgent need for those in the city experiencing homelessness who also need medically-supervised treatment for alcohol and substance use disorders.
The open layout is set up to accommodate up to 50 people at a time, with beds, recliners and private rooms for clients to decompress. The unit will operate around the clock and clients can stay for up to 24 hours, officials said.
While there, clients will have access to counseling, housing navigation and other support options. Albuquerque is now one of about 60 other similarly designed medical sobering centers located across the country, officials said. The center was funded in part from $4.35 million appropriated by Bernalillo County and $4.2 million in federal funds secured by New Mexico’s congressional delegation.
The new unit should be welcome news for area hospitals, as a number of those living on the streets end up in emergency rooms in order to sober up — placing an additional strain on hospital resources for non-emergency situations. Albuquerque Fire Rescue and Bernalillo County Fire Rescue staff are expected to refer clients to the new center.
“Far too many people are taken to hospitals for substance use issues, and that’s not always the appropriate place,” Health, Housing & Homelessness Director Gilbert Ramírez, said in a statement. “People will now have access to a safe space to gain sobriety with medical oversight while also being connected to case management and other vital resources.”
Albuquerque’s Listo Health was selected through the city’s request for proposals process to operate the center. Officials said peer support workers will also be on staff to share lived experiences and offer support to clients.
“If this medical sobering center was around when I was struggling … I believe it would have set me on a path to recovery much sooner,” Denise Thomas, a peer support worker with Albuquerque Community Safety, said in a statement. “It would have given me the space and support to get the help I needed, without judgment.”
Thomas works in ACS’s opioid education program.
Eventually, one of the options for those who are discharged from the center will be the forthcoming Recovery Gateway, for those battling drug and alcohol addiction. The city broke ground on that project in October — a micro-community pallet home campus near Pan American Freeway and Candelaria Road NE.
It is expected to house up to 50 people in 46 pallet homes — 42 single-occupancy units and four double-occupancy units for couples. Residents can stay up to 24 months or until they are connected to longer-term recovery housing.
New Mexico secretary of state’s office says she will not file police report over harassment — Austin Fischer, Source New Mexico
New Mexico’s top election official has reversed course and says she will not pursue criminal charges over online threats toward her around this month’s election.
Secretary of State Maggie Toulouse Oliver, a Democrat, told reporters on Nov. 12 that she was preparing to file a police report tied to harassment she faced on social media that were “egged on” by a Republican state representative who has made unverified claims of voter fraud in state elections.
But Alex Curtas, a spokesperson for Toulouse Oliver, said in an email Monday that plans have changed.
“We have not filed a report on this matter and are unlikely to as the most incendiary of the online messages were deleted before we could compile them for review and potential referral,” Curtas said.
Had she filed a report, Toulouse Oliver would have gone to state police or the state Department of Justice alleging violations of a 2023 state law making it a felony to intimidate election officials during their official duties.
New Mexico election results are official: 1 House recount, plus a huge jump in provisional ballots — Patrick Lohmann, Source New Mexico
The results of the 2024 general elections are now official, after a board made up of the New Mexico governor, secretary of state and chief Supreme Court justice signed off on the results Tuesday.
The trio met for what’s called the State Canvassing Board, certifying results for races up and down the ballot. The board affirmed that 928,290 voters cast ballots this election, which amounts to 67.13% of total registered voters.
Members also noted that more than 8,000 voters cast ballots provisionally this year, which is a huge increase from the 2020 election.
And board members ordered a recount for District 57 in the New Mexico House of Representatives. That seat in Rio Rancho was left vacant by Republican Rep. Jason Harper, who resigned earlier this year.
The race is currently split by a tiny margin: 130 votes of 16,618 cast.
Candidates Republican Catherine Jeanette Cullen and Democrat Michelle Eleanor Sandoval each have 50% of the vote.
Cullen has the slight lead. If she’s still ahead after the recount, Republicans will have 26 seats in the House, compared with 44 seats held by Democrats.
The results of the recount, which is required when candidates are separated by less than 1% of the total votes cast, will be finalized Dec. 16, according to the Secretary of State’s Office. A Los Alamos County Commission race with five candidates will also be subject to a recount.
“The 2024 General Election was run with efficiency and integrity by the state’s election administrators and every New Mexican should have the highest level of confidence in these official election results,” said Secretary of State Maggie Toulouse Oliver in a news release.
HUGE INCREASE IN PROVISIONAL BALLOTS AMID SAME-DAY REGISTRATION DELAYS
The number of election-day voters increased drastically from the last presidential election in 2020. So did the number of people who voted provisionally.
Across the state on Nov. 5, voters faced delays if they tried to register and vote on the same day, which state officials have attributed to technical difficulties and high demand.
If those seeking same-day registration faced long wait times, county clerks told them to cast provisional ballots. Those ballots can then be counted later once elections officials confirm a voter is eligible.
Some voters, including students at the University of New Mexico and New Mexico State University, waited three hours or longer to register and cast ballots. Polling places elsewhere were forced to stay open past the statewide 7 p.m. closing time to deal with the backlog.
This year, 8,091 voters cast provisional ballots, or about .9% of voters. In 2020, just 687 voters cast ballots provisionally, or about 0.1% of voters who cast ballots that year, according to a report from the United States Election Assistance Commission.
The secretary of state’s office said the high demand for same-day registration caused a brief “outage” early in the morning, and then the state devoted additional servers to try to efficiently process the registration forms. Still, county clerks and elections observers said they spent the rest of the day trying to catch up.
Elections observers with the Carter Center noted same-day voter registration delays in 14 counties. The group reported voters waited between 10 minutes and more than two hours. Some voters left without voting, according to a news release from the group.
Same-day registration has been legal in New Mexico since 2019 and was expanded in subsequent years. During local elections in 2023, about 4,900 voters used same-day voter registration. That was about 2% of all the voters who cast ballots that election.
New Mexico representative Eliseo Alcon resigns because of health issues — Austin Fischer, Source New Mexico
New Mexico state Rep. Eliseo “Lee” Alcon (D-Milan) has resigned due to health concerns, the lawmaker said Monday.
Alcon’s resignation is “effective immediately to focus on his health,” according to a news release published from New Mexico House Democrats.
In a brief telephone interview Monday, Alcon said he was placed on hospice care last week because his treatment for liver cancer isn’t working.
“Who knows, maybe I can beat the son of a gun,” he said.
Alcon has been in the House for 15 years and won reelection this month, taking 59% of the vote and beating Republican challenger Paul Spencer. Alcon in June won a three-way primary race for the Democratic nomination for the seat.
“I’ve served the public for a lot of years but I think it’s time for me to go,” he said.
Alcon, who received a Bronze Star for his service as an Army combat medic during the Vietnam War, was the chair of the House Labor, Veterans and Military Affairs committee.
Also a retired magistrate judge, Alcon was the second-most senior member of the House Judiciary Committee.
Alcon also previously headed the Consumer and Public Affairs Committee, according to the news release.
Alcon was elected to the House in 2009, according to the Legislature’s website.
House District 6 takes up parts of Cibola and McKinley counties in northwestern New Mexico extending to the Arizona border, including parts of Grants and Thoreau.
The Cibola and McKinley County Commissions will each make a nomination to Gov. Michelle Lujan Grisham to replace Alcon, according to state law. She will then appoint one of those nominees to carry out the remainder of his term.
Alcon said he would like the person who replaces him to “above anything else, be someone who thinks of the people from my community.”
House Democrats said Alcon advocated for policies to support New Mexico’s veterans and their families, strengthen the state’s economy and protect the environment.
House Speaker Javier Martinez said Alcon “helped deliver huge wins for veterans, active service members, and all the people of New Mexico.”
What’s next for East Central’s Tewa Motor Lodge? - By Damon Scott, City Desk ABQ
The constant chaos at the Tewa Motor Lodge has subsided at least for now.
Last month, the East Central Avenue motel was the focus of a police operation targeting criminal activity at the site. Albuquerque Police Department (APD) officers had been working with city code enforcement following concerns from neighborhood residents and area businesses about multiple code violations and the effects of crime and drug use at the property.
During the police operation, officers fatally shot and killed a handcuffed man who they say had a gun.
“We won’t tolerate nests of drugs, guns and criminal activity, and we’ll keep fighting to clean up problem properties,” Mayor Tim Keller said in a statement soon after the incident.
Since then, the city has erected a fence and closed the property. Tewa’s tenants — there are about 26 living units — have been forced to leave. Albuquerque Community Safety (ACS) representatives said they were at the site offering shelter options and other assistance to tenants during evictions.
The city’s Planning Department, which includes code enforcement, said it’s been a multi department response from the city, including APD, ACS, Health, Housing & Homelessness, Animal Welfare and Solid Waste.
Tewa owner Amir Nathoo, 81, said he’s grateful the city stepped in. He said he’d lost control of the property and had feared for his life. Nathoo said he’s owned the Tewa since 1979 but is now interested in selling it.
While he was recently asking for $1.2 million, he said Monday: “Give me a good offer and we’ll work it out.” Nathoo said he’s open to accepting a private offer or one by the city.
The Tewa appears to be a fit similar to other Metropolitan Redevelopment Agency (MRA) efforts to rehabilitate historic but dilapidated Route 66 motels and properties to a semblance of their former glory. Nob Hill has the De Anza Motor Lodge and, most recently, The Imperial in East Downtown reopened anew.
“If the owner is interested in selling, the city is certainly willing to have that discussion,” MRA spokesperson Sarah Supple said last week.
Natoo would likely benefit from bringing the property into code compliance to help maximize any sale. Built in 1946, the one-story development consisting of units on a lower level and a manager’s residence located above a portion of the east building, needs considerable repairs and upgrades.
Planning spokesperson Tim Walsh said the city is optimistic, especially since Natoo has filed the proper permits to launch repairs.
“There’s evidence of work taking place, which we like to see,” Walsh said. “It looks like they’re proceeding forward with bringing the property back into compliance with all codes and regulations.”
Meanwhile, Tewa’s closure has been welcome news for area businesses like Kap’s Coffee Shop & Diner, located just east of the property. Many of its customers were known to avoid the diner during times when criminal activity and drug use was particularly high.
“They say the environment has immediately improved,” Walsh said.
Greg Fraser of the United Food and Commercial Workers Union (Local 1564), located at 130 Alvarado Drive NE, just north of Kap’s, said he’s worked there for 30 years.
“[Tewa] brought the biggest drug crisis I’ve ever seen; it was bad,” he said. “Everyday, we picked up needles and trash and feces. It was worse than anyone can imagine.”
Fraser said there are fewer encampments, fires and loiterers now.
“It’s like night and day; I’m in a different city,” he said.
“We hope that we can, as a community and as a local government, help keep that area clear and keep business thriving,” Walsh added.
Judge rejects request to sideline a San Jose State volleyball player on grounds she's transgender - By Mead Gruver and Amy Beth Hanson, Associated Press
A judge on Monday rejected a request to block a San Jose State women's volleyball team member from playing in a conference tournament on grounds that she is transgender.
The ruling by U.S. Magistrate Judge S. Kato Crews in Denver will allow the player, who has played all season, to compete in the Mountain West Conference women's championship this week in Las Vegas.
The ruling comes in a lawsuit filed by nine current players against the conference challenging league policies for allowing transgender players to participate. The players argued that letting her compete poses a safety risk and is unfair.
While some media have reported those and other details, neither San Jose State nor the forfeiting teams have confirmed the school has a trans woman volleyball player. The Associated Press is withholding the player's name because she has not commented publicly on her gender identity. School officials also have declined an interview request with the player.
Crews' ruling referred to the athlete as an "alleged transgender" player and noted that no defendant disputed that the San Jose State roster includes a transgender woman player.
San Jose State will "continue to support its student-athletes and reject discrimination in all forms," the university said in a statement, confirming all its student-athletes are eligible to participate under NCAA and conference rules. "We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week."
The conference said it was "satisfied" with the judge's decision and would continue upholding policies established by its board of directors, which "directly align with NCAA and USA Volleyball."
"We are excited to proceed with the Mountain West Conference Women's Volleyball Championship," its statement added.
The players filed a notice for emergency appeal with the 10th U.S. Circuit Court of Appeals.
Crews said the players could have sought relief much earlier, noting the individual universities had acknowledged that not playing their games against San Jose State this season would result in a loss in league standings. He refused a request to re-seed the tournament without the forfeited losses.
The judge said injunctions are meant to preserve the status quo. The conference policy regarding forfeiting for refusing to play against a team with a transgender player had been in effect since 2022 and the San Jose State player has been on the roster since 2022 -– making that the status quo.
The player competed at the college level three previous seasons, including two for San Jose State, drawing little attention. This season's awareness of her reported identity led to an uproar among some players, parents and also politicians in a major election year.
Crews' ruling also said injunctions are meant to prevent harm, but in this case, he argued, the harm has already occurred. The games have been forfeited, the tournament has been seeded and the participants have confirmed they're playing.
The tournament starts Wednesday and continues Friday and Saturday. Colorado State is seeded first and San Jose State, second. The teams split their regular-season matches and both get byes into Friday's semifinals.
San Jose State will play the winner of Wednesday's match between Utah State and Boise State — teams that forfeited matches to SJSU during the regular season. Boise State associate athletic director Chris Kutz declined to comment on whether the Broncos would play SJSU if they won their first-round tournament game. Utah State associate athletic director Doug Hoffman said the university is reviewing the order and the team is preparing for Wednesday's match.
The tournament winner gets an automatic bid to the NCAA tournament. San Jose State coach Todd Kress, whose team hasn't competed in the national tournament since 2001, has said they've been getting "messages of hate" that have taken a toll on the players.
Several teams refused to play against San Jose State this season, earning losses in the official conference standings. Boise State and Wyoming each had two forfeits while Utah State and Nevada both had one. Southern Utah, a member of the Western Athletic Conference, was the first to cancel against San Jose State this year.
Nevada's players stated they "refuse to participate in any match that advances injustice against female athletes," without elaborating. Nevada didn't qualify for the conference tournament.
The nine current players and others now suing the Mountain West Conference, the California State University Board of Trustees and others include San Jose State senior setter and co-captain Brooke Slusser. Slusser says the player is transgender and hits the volleyball with more force than other teammates, raising fear during practices of suffering concussions from a head hit, according to the complaint.
The Independent Council on Women's Sports is funding a separate lawsuit against the NCAA for allowing transgender women to compete in women's sports. Both lawsuits claim the landmark 1972 federal antidiscrimination law known as Title IX prohibits transgender women in women's sports. Title IX prohibits sexual discrimination in federally funded education; Slusser is a plaintiff in both lawsuits.
Several circuit courts have used a U.S. Supreme Court ruling to conclude that discriminating against someone based on their transgender status or sexual orientation is sex-based discrimination, Crews wrote. That means case law does not prove the "likelihood of success" needed to grant an injunction.
An NCAA policy that subjects transgender participation to the rules of sports governing bodies took effect this academic year. USA Volleyball says a trans woman must suppress testosterone for 12 months before competing. The NCAA has not flagged any issues with San Jose State.
The Republican governors of Idaho, Nevada, Utah and Wyoming have made public statements in support of the team cancellations, citing fairness in women's sports. President-elect Donald Trump likewise has spoken out against allowing transgender women to compete in women's sports.
Crews was a magistrate judge in Colorado's U.S. District Court for several years before President Joe Biden appointed him as a federal judge in January.
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Gruver reported from Cheyenne, Wyoming, and Hanson from Helena, Montana.