PFAS Protections & Local Solar Access Fund pass last committees! One call for free speech, one email for utility justice

First the excellent news. HB 140, the Hazardous Waste Constituent Definition Act to regulate PFAS in waste streams in New Mexico and HB 212 to regulate non-essential PFAS use in consumer products passed their final committee hearings this morning. The same goes for the HB 128, the Local Solar Access Fund, which we have supporting in partnership with Public Power NM for two years. All three bills now head to the Senate Floor for final passage!

At this stage in the game if a bill isn't on the schedule for its final committee hearing, the chances of passage are exceedingly slim. That is why we are writing one more time to ask you to make one call today, to Senator Joseph Cervantes, the Chair of Senate Judiciary, to ask him to put HB 169, the Public Expression Protection Act, on the Judiciary schedule for Wednesday.

His office number: 505-986-4861.

ONE EMAIL FOR ECONOMIC JUSTICE

Unfortunately last night SB 170 made it through House Commerce and faces one final vote in House Appropriations. SB 170 presents several risks, primarily due to its provisions that allow expedited permitting and reduced regulatory oversight for utilities engaging in "economic development" projects, which means unnecessary costs and economic risks are transferred from private industries to utility customers. The main concerns include:

1. Fast-Tracking Permitting Without Adequate Review

   • The bill mandates that the Public Regulation Commission (PRC) review applications for economic development projects within six months, with a possible three-month extension. If no decision is made within this time, the application is automatically approved​.

   • This significantly reduces the time available for thorough regulatory and public scrutiny, potentially leading to rushed approvals without a full assessment of long-term impacts on ratepayers, the environment, and grid stability.

     
     

2. Circumvention of Existing Regulatory Requirements

   • Under NMSA 62-9-6, a utility must obtain permission from the PRC before constructing new generation facilities​.

   • SB 170 undermines this by allowing utilities to recover costs for "economic development projects" without adhering to the standard public review and necessity requirements.

   • This could lead to excessive or unnecessary infrastructure being built without proving that it serves the broader public interest.

     
     

3. Financial Risks to Ratepayers

   • The bill allows utilities to recover costs associated with economic development projects through rate riders or base rates​.

   • This means that existing customers could bear the financial burden of infrastructure projects that primarily benefit large industrial or commercial users.

   • Without rigorous oversight, utilities could pass on costs for speculative projects, even if they do not ultimately provide economic benefits.

     
     

4. Contrary to Public Interest

   • The bill prioritizes economic development incentives over consumer protection and regulatory safeguards.

   • By fast-tracking approval processes and reducing oversight, there is a risk that utilities will prioritize profit-driven expansion rather than ensuring fair rates and reliable service.

   • Existing statutes require utilities to justify new infrastructure based on “public convenience and necessity,” ensuring that new projects truly benefit all consumers​ SB 170 weakens these protections.

SB 170 introduces a framework that weakens oversight and shifts financial risks onto ratepayers while expediting projects that may not align with existing laws designed to protect public interest. It contradicts NMSA 62-9-6 by allowing utilities to bypass traditional regulatory processes, which could result in unnecessary infrastructure development and increased costs for consumers. The bill prioritizes industry interests over regulatory safeguards, making it a potential threat to fair and responsible utility regulation.