Energy policy is central to economic and environmental justice policy. This year energy bills on the docket run the gamut from bills seeking to allow utilities to fast track "economic development projects," ie industrial and commercial projects, and transfer the cost burden to residential ratepayers (terrible idea!), to bills that seek to lower rates for low-income ratepayers. We include a quick run-down of energy bills, but first:
REGARDING URANIUM, ACTION NEEDED TODAY
Today SB 316, the Uranium Waste Disposal Act will be heard at 10:00AM in Senate Indian, Rural and Cultural Affairs. This bill would prevent meaningful uranium mine cleanup throughout New Mexico, including the Quivira Removal Project, a project supported by the Navajo Nation and the NM Environment Department, which will move uranium mine waste from the Red Water Pond Road community to a properly engineered disposal cell at the Red Rock Landfill property.
The bill states that “no state agency shall issue a permit for the disposal of uranium waste in a facility other than a federal managed underground depository designed for the containment of hazardous waste.” There is no current Federally managed underground depository anywhere in the U.S. for uranium mine or mill waste, and none is planned. SB 316 would effectively sentence scores of communities throughout New Mexico to chronic uranium waste exposure and all the serious health risks that come from such exposure.
The legacy of uranium mining and radioactive contamination from nuclear experimentation in New Mexico continues to affect thousands of New Mexicans in deeply personal and painful ways. We join MASE and the NM Environmental Law Center in calling for this bill to be tabled.
Please email or call members of the committee ASAP and urge them to VOTE NO on SB 316:
Sen. Shannon Pinto (Chair), shannon.pinto@nmlegis.gov, (505) 986-4835
Sen. William Soules, bill.soules@nmlegis.gov, (505) 986-4834
Sen. William Sharer, tracee.loughran@nmlegis.gov, (505) 986-4877
Sen. Antonio Maestas, antonio.maestas@nmlegis.gov, (505) 986-4373
Sen. Joshua Sanchez, jas4nm@gmail.com, (505) 986-4375
Also, we thought readers might like to know that Leonard Peltier is out and on his way to the airport!
UTILITY LEGISLATION WE ARE WATCHING
SB 170 - the NMFA Definitions, Funds and Rates Act allows utilities to recover costs associated with economic development projects through rate riders or base rates, which means that existing customers could bear the financial burden of infrastructure projects that primarily benefit large industrial or commercial users. And all without adhering to the standard public review and necessity requirements! Read the one pager here. We oppose this bill, which will be heard this afternoon in Senate Tax, Business and Transportation. Write to the committee members here.
SB 65 - the Consumer Solar Protection Act proposes to codify some protections and transparency requirements for solar installers, some of which are already covered under the Distributed Generation Disclosure Act that passed in 2017. The bill was amended to expand a deadline for interconnection from 90 days to 180 days, but that extension does not go far enough because the interconnection process involves local utilities and jurisdictions that can dramatically slow the process. Any deadline must allow for extensions for good cause. We oppose this bill unless amended. It goes next to Senate Judiciary. Write to committee members here.
HB 13 - the Distribution System and Electrification Plans Act seeks to fill regulatory gaps and pursue important environmental opportunities to expand distributed generation. Unfortunately, it imposes unnecessary financial burdens on ordinary ratepayers, and sets up an ungainly regulatory structure which will result in unnecessary customer fees, excessive administrative costs, and regulatory confusion. We cannot support this bill until it is amended to protect ratepayers. It will be heard next in House Judiciary.
HB 91 - the Public Utility Rate Structures Act authorizes utilities to create low income rate tiers designed to assist financially vulnerable customers. Rate adjustments can be based on load retention, reducing energy cost burdens, arrearage management programs that reduce or eliminate past due amounts or encourage frequent payments to prevent accumulation of unpaid bills and energy efficiency programs. Unfortunately the bill doesn't require that utilities shoulder the administrative costs of such programs, but on balance we support this bill. It will be heard in House Energy this morning.
SB 156 - Low Income Utility Users Act exempts low-income customers, defined as residential customers with an annual household income at or below 80% of the county area median income, from rate riders associated with new interconnected customers in public utility pricing. Ideally the legislation would require that utility shareholders carry at least half the burden of discounting rates for low-income customers, but this legislation allows the utility to recover the lost income from other ratepayers, including many who already struggle to pay for basic necessities. On balance we support this bill. It will be heard next in Senate Tax, Business and Transportation.
HB 93 - Advanced Grid Technology Plans Act will support development of virtual power plants and battery technologies, but language specifying that such projects be “presumed reasonable” and with “expedited approval” should be struck from the bill because these provisions are not fair to consumers and unnecessarily rush a complex process. We recommend that current legal standards for review and approval timelines are kept in place to ensure community oversight. On balance we support this bill. It will be heard next in House Commerce on Friday, 2/21.
SB 142 - Grid Modernization Roadmap Act directs EMNRD to develop a grid modernization roadmap in collaboration with the PRC and a grant program to eligible municipalities, schools and tribes for grid modernization projects that improve electric distribution or transmission infrastructure. The problem - included in such eligible projects is "net-zero carbon resources," a fancy way of authorizing funding for fossil fuels paired with carbon capture. We oppose this bill because carbon capture is a false climate solution that doesn't work and is being used as an excuse to prolong the life of the fossil fuel economy.
DEFEND NM WATER IS CALLING FOR A DAY OF ACTION!
Defend NM Water is calling for a demonstration of public opposition to the reuse of fracking waste at the next Strategic Water Supply hearing. The oil and gas industry's full court press to authorize reuse of their fracking waste across New Mexico for industrial projects, aquifer recharge, environmental restoration and other uses like fire suppression continues, with HB 311, the "Reclaimed Water Act" to remove treated fracking waste outside of Water Quality Control Commission oversight, and HB 137, the Strategic Water Supply Act both slated to be heard as soon as Thursday. We need people to show up and raise their hand in opposition at these committee hearings to show legislators and the press that the people are paying attention.
It is unconscionable that the Governor and industry are pushing for fracking waste reuse across New Mexico despite the lack of science, the danger to the public and the opposition of a majority of New Mexicans who don't buy the idea that reuse of fracking waste is the answer to water scarcity caused by the oil and gas industry.
SB 178, the antidote to the Strategic Water Supply got a Do Pass in Senate Conservation on Saturday and will be heard next in Senate Finance!
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