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Breaking this week! Announced by both New Energy Economy and YUCCA (Youth United for Climate Crisis Action). A lawsuit filed against the state of New Mexico, State Legislators and Governor Lujan-Grisham. Read on to understand this important action. See link for local and national news coverage. Note how the issues raised in the suit align with a NM Green Amendment.
Wednesday, May 10th, 2023 - SANTA FE, N.M.— A coalition of Indigenous peoples, youth, frontline community members and environmental groups sued New Mexico, the state legislature, Gov. Michelle Lujan Grisham and state agencies today for violating their state constitutional duty to control the rapidly growing pollution from the oil and gas industry. The first-of-its-kind lawsuit seeks compliance with the pollution control clause of the New Mexico Constitution under Article 20, Section 21.
No previous lawsuit has targeted the 1971 amendment, which mandates that the state prevent the despoilment of New Mexico’s air, water and other natural resources, and protect the state’s beautiful and healthful environment.
Oil production in New Mexico’s Permian Basin, one of the largest oilfields in the world, has increased nearly 10-fold since 2010, leading to a surge of devastating air, water and climate pollution.
Today’s lawsuit demands that the state comply with its constitutional duty to protect New Mexico’s environment, and that permitting of oil and gas wells be suspended in the meantime.
“New Mexico’s failure to control oil and gas pollution violates our constitution and fundamental human rights to clean air, land and water,” said Gail Evans, an attorney at the Center for Biological Diversity’s Climate Law Institute and lead counsel on the case. “If concern for our environment and public health won’t push New Mexico’s leaders to control the reckless oil and gas industry, we hope legal action will.”
Air quality in several of the state’s oil-and gas-producing counties fails to meet federal standards established to protect public health. Eddy and San Juan Counties received an “F” from the American Lung Association for high ozone days, and Lea and Sandoval Counties got a “D.”
https://www.earthcarenm.org/so/a5OW7fZxA?languageTag=en&cid=f0e8b488-da5d-48af-8eed-acb75d4dea5b

An Op Ed in the Albuquerque Journal pointedly asking why the Governor vetoed a geothermal energy bill which sailed through the Legislative Session - to only declare it, "unsustainable". Read on (see link). https://abqjournal-nm.newsmemory.com/?publink=12bec9113_134ab90

An email dated last Friday, April 7 outlines bills that were passed by legislators in this year’s session but vetoed by our Governor last week. It’s hard to wrap the head around her decisions.
Sierra Club Rio Grande Chapter statement on bad news for a livable climate
“Today, Gov. Michelle Lujan Grisham vetoed every remaining significant climate-protecting measure the Legislature passed in 2023.
“The five credits for electric vehicles, energy storage, and geothermal development would have made some progress in preventing climate disaster, as would the geothermal center of excellence and fund, which could also be a significant economic-development tool for New Mexico. We are facing a climate emergency that requires emergency action, not vetoes.
“More than 1,000 people called or wrote to urge the governor to pass Game Commission reform, climate tax credits, expanded litter reduction and recycling efforts and a plan for geothermal development. None of them were signed into law.
“New Mexicans understand the critical need for climate solutions for ourselves and our families, especially after last year's devastating fires and floods. The Intergovernmental Panel on Climate Change tells us we should be sprinting when it comes to climate action, and we’re crawling. Vetoing the only progress we made in this session is turning us around and moving us in the wrong direction.”
The climate tax credits would have amounted to a drop in the bucket of New Mexico’s budget, and almost all are short-term and sunset in five years but would have boosted emerging industries. Below is a summary:
HB412/SB22: Credits to purchase or lease electric vehicles of $2,500, or $4,000 for lower-income New Mexicans. The credit is transferable to be taken off the price of the car and refundable. EVs save New Mexicans an estimated $2,400-$3,000 a year in fuel costs. With federal credits and state credits, lower-priced EVs like the Chevrolet Bolt would cost much less than the average used car, resulting in much lower monthly payouts. There was $10 million a year appropriated for this credit.
HB32: Tax credits for New Mexicans who invest in energy storage systems for their homes and/or businesses. Home storage protects against blackouts, supports our electric grid and lowers utility costs for all customers.
SB173: Credits for geothermal electricity production. Geothermal is reliable 24/7 baseload power that is renewable and has a small physical footprint. New Mexico is sixth in the nation for geothermal potential. There was $4 million a year appropriated for this credit.
SB45: Credits for efficient ground-source heat pumps, which are efficient and money-saving ways for New Mexicans to electrify. This type of initiative is needed if we are to transition from gas use as scientists say we must by 2050.
HB67: Provides a gross-receipts tax deduction for sales to governments on energy-storage systems.

Sustainable Good News Sunday features a PBS program. The tale of a forgotten heroine, a scientist and woman ahead of her time who designed and built the world’s first successfully solar-heated home. Watch “The Sun Queen” which premieres Tue, April 4th, 2023, 7 p.m. local time. See link below.
From PBS: For nearly 50 years, chemical engineer and inventor Mária Telkes applied her prodigious intellect to harnessing the power of the sun, including designing and building the world’s first successfully solar-heated modern residence.
Along the way, she was undercut and thwarted by her male boss and colleagues at MIT, but persevered despite these obstacles, holding more than 20 patents upon her death. She is now recognized as a visionary pioneer in the field of sustainable energy. An unexpected and largely forgotten heroine, Telkes was remarkable in her vision and tenacity — a scientist and a woman in every way ahead of her time. Her research and innovations from the 1930s through the ‘70s continue to shape how we power our lives today.
Link to PBS - https://www.pbs.org/wgbh/americanexperience/films/sun-queen/

Sustainable Good News Sunday features the latest issue of The Green Fire Times. What is the Green Fire Times? From their website - A bimonthly publication that provides multicultural perspectives that link green, cutting-edge innovations with time-honored traditions. This issue focuses upon the following stories - A deep history of New Mexico and the Caja Del Rio, water news throughout the state, agriculture news including local seed bank stories, the installation statewide of EV charging stations, and more.
To read the printed issue or to download: https://issuu.com/greenfiretimes/docs/gft_marapr2023_v15web

This just in – the House Bill which focused upon hydrogen hydra and was headed to the House Floor tomorrow is (HB 12) is dead…but wait! Thanks to dodging to keep public opposition to hydrogen spinning – New Mexico will have hydrogen hubs. Read below the behind the scenes actions our legislators and the Governor have been doing to ensure they and oil and gas get what they want – including massive amounts of federal funding. (Note: Hydrogen advancing in our state is dependent upon the $50 million dollars mentioned below inserted into the NM Budget Bill HB2). More importantly – there are only 2 Carbon Capture and Storage (CCS) facilities in the world that are functioning with little to no success. All 12 created in the U.S. have failed).
Stay tuned for more info as it becomes available. See the entire article in link below.
From Retake our Democracy (Note: RACC edited for brevity)
…”No matter how often the legislature says no, hydrogen advocates find ways to circumvent that process and continue their work. Today we learned that HB 12 has been pulled and is effectively dead. Nonetheless, bill sponsors Reps. Nathan Small and Margaret Dixon are also chair and co-chair of the House Appropriations and Finance Committee (HAFC), and when you hold those positions, you can make legislation on your own — no need for votes of other committees.”
…” buried on page 196 of HB 2, the overall House budget, there was an allocation of $50M “for public-private partnerships to seek matching federal funds for advanced energy-related projects.”
“This is precisely the language and the allocation amount that had been contained in HB 12 to support public private partnerships work on carbon sequestration. The House budget bill, HB2, has passed through the House and is now in the Senate. Hence, despite not receiving a single vote in either chamber, the funds to advance HB 12’s purpose are practically on the Governor’s desk with HB 2, only needing to pass through Senate Finance and then the Senate floor.”
“So, despite multiple legislative defeats in 2022 and now in 2023, NM hydrogen work has been moving along undeterred on multiple fronts.
Aside from sneakily inserting $50M in the state budget for carbon sequestration, NM has been moving on multiple hydrogen fronts.
• Federal Hydrogen Hub proposal. NM has entered into a multistate partnership to develop a Western Inter-State Hydrogen Hub (WISHH) with supporting facilities in each state in response to the U.S. Department of Energy RFP. The initial proposal has been approved with a full proposal due late this spring. All of the hydrogen maneuvering of the past two sessions should be seen as posturing and positioning for NM to succeed in this grant competition.
• Implementation, testing and evaluation of Underground Injection Wells. With Federal funds, NM Environment Dept. has been implementing an Underground Injection Wells program in NM and 12 other western states, with HB 174 being introduced to sustain that work and provide additional funding. In fact, New Mexico is already a leader in national and regional efforts to identify optimal geological formations where CO2 captured from industrial operations could be stored deep underground for at least 1,000 years. The New Mexico Institute for Mining and Technology in Socorro is heading that effort here and 12 other western states with financing from the U.S. Department of Energy, not only to pinpoint storage zones, but to help investors test the sites and develop monitoring, reporting, and verification plans needed for federal permits to begin commercial operations.
• Hydrogen Research & Development. In Jan. 2022, the Governor signed an MOU directing the NM Environment Dept and Economic Development Dept. to work with both Sandia and Los Alamos national labs on hydrogen development. The MOU allows these organizations to partner on the science, technologies, and policy impacts of “zero-carbon hydrogen” as it relates to climate, economy, energy, environment, equity, research, water, and New Mexico’s workforce.
• NM Carbon capture projects. And again, even without legislative authorization, multiple carbon-capture projects are under way in NM
o Piñon Midstream LLC opened a new gas-processing facility with CCS technology in Lea County last fall, and it’s now preparing to open a second one.
o Lucid Energy, which already operates gas-processing facilities in both Lea and Eddy counties, is also working to retrofit its Red Hills complex with CCS.
o And in northwestern New Mexico — where Enchant Energy plans to convert the San Juan coal plant to carbon capture — Newpoint Gas LLC and Tallgrass Energy are pursuing a joint project to turn the coal-fired Escalante Generating Station near Grants into a hydrogen production facility.
“So, industry efforts to equip carbon-emitting facilities in both the Northwest and Southeast corners of the state with carbon capture and sequestration, or CCS, systems are steadily advancing, spurred on by federal tax incentives to promote such projects. “
“And, despite repeated rejection by the legislature in 2022, Gov. Michelle Lujan Grisham’s administration is aggressively supporting those plans, proposing new rules, regulations, and state incentives that could position New Mexico to win a goodly share of billions of dollars in forthcoming federal funding to accelerate the deployment of CCS technology.”
“As described in its Financial Impact Report (FIR), HB 174 is intended to establish NM as the tip of the carbon capture spear nationally, by enabling NM to achieve “primacy enforcement authority designation from the EPA.” This is but another strategy for demonstrating to the feds that NM is all in and ready to move on hydrogen”
Capital & Main produced an excellent primer on state efforts to advance hydrogen with or without legislative support in “New Mexico’s Budget Battles Continue While a Hydrogen Development Bill (Likely) Appears: The Advanced Energy Technology Act clearly echoes last year’s quartet of failed hydrogen bills that promoted public-private partnerships.”
https://retakeourdemocracy.org/2023/02/27/hb-12-is-dead-but-its-work-continues/

From New Energy Economy, who along with other environmental advocates are keeping an eye bills at the Roundhouse. HB12 has been bumped to Tuesday morning. If we are not careful and stop speaking up – New Mexico will have Hydrogen “Hydra”. The governor has been pushing for Hydrogen for quite some time to keep the oil and gas industry happy. Read on. Link below for the entire NEE notice with article links.
NEW MEXICO ALREADY FAILS TO REGULATE OIL AND GAS. WHAT HAPPENS WHEN THEY ESTABLISH A WHOLE NEW DIRTY INDUSTRY?
A great article today from Capital and Main summarizes the issues with hydrogen and HB 12, reporting -"Making hydrogen from natural gas increases hydrogen’s total carbon footprint from leaks in the natural gas production stream that OCD and NMED have historically been unable to thoroughly police. Furthermore, the production process leaves behind vast amounts of carbon that would need to be captured and sequestered underground, an expensive process that, historically, hasn’t met project goals."
Why is this bill being pushed now? Why is the Governor promoting it and why is there no hope for amending the bill to make it something acceptable? An article published by NM Political Report before the session began clarifies the strategy of the administration - they are intent on finding ways to "separate ourselves from the other applicants” for federal Hydrogen Hub dollars.
NMED Secretary Kenney said "a public-private partnership bill could help with WISHH’s April 7 deadline by showing that New Mexico is not just after the federal grant money."
In fact that is precisely what they are after, never mind that dirty hydrogen will fan the flames of climate catastrophe, resulting in higher emissions and a lost opportunity to instead focus on the federal funds available for the development of clean solar and wind energy.
Our pressure and opposition is working - sponsors are wheeling and dealing, resulting in this delay. While we wait for the bill to be retooled and rescheduled, keep the calls and emails coming!
Contact your friends and ask them to take action as well. We defeated the Hydrogen Hydra once before, and we can do it again.
https://newenergyeconomy.salsalabs.org/hb12-rolled?wvpId=efcb97c9-cb7f-4906-bbc6-cf64bdbbde5d

This just in – both New Energy Economy and Retake our Democracy have posted shenanigans going at the Roundhouse – Action Alert!
An excellent bill – HB188 was proposed before the House, but was stalled and pulled by the bill sponsors who saw it was not going to succeed. However, much of the language was rolled into HB12 which is being described as another way to sneak hydrogen development into law in New Mexico. (Remember these kinds of things happened during our last legislative session – but the public outcry was able to shut them down).
Advocates are saying JUST SAY NO to HB12 and want us to speak up and out to our legislators – revise HB12!
Contact info for our Legislators: Representative Susan Herrera - phone - 505-986-4333, email: susan.herrera@nmlegis.gov
Senator Leo Jaramillo – phone - 505-986-4487, email: leo.jaramillo@nmlegis.gov
Below are reasons why there is opposition to HB12 and some history on HB188.
…(from Retake) - HB 188 was an excellent bill developed by the coalition Power4New Mexico, which includes some very progressive, people-focused, and credible organizations like the Native American Voters Alliance, Olé, and Somos Un Pueblo Unido. The bill is sponsored by Reps. Kristina Ortez and Angelica Rubio, two pretty solid legislators. Unfortunately, HB 188 stalled and Rep. Nathan Small offered to include important parts of HB 188 in his bill, HB 12.
The resulting bill is co-sponsored by the two most prominent hydrogen advocates in our legislature, Reps. Patty Lundstrom and Nathan Small. While purporting to set up a fund to be used in support of “advanced energy technology,” a closer review reveals potential problems.
The real intent of HB12 may be buried in the definition of “advanced energy technology,” which includes “carbon capture, sequestration, transport utilization and storage systems” (CCS).
Unbelievably, it also includes nuclear energy. But CCS is at the heart of all grey hydrogen production because the economic and environmental viability of hydrogen production rests with successful sequestration of CO2, which is something that has never worked anywhere in the world.
(RACC edit: every CCS facility in the entire U.S. has failed, mostly funded using taxpayer dollars - hundreds of millions of wasted dollars on a technology which does not work and does NOT pull carbon from the atmosphere. Contact us for a video from a policy expert who has researched CCS worldwide, we will send you the link).
What was good about HB188? House Bill 188 would have appropriated a total of $13.385 million from the general fund to the Economic Development Department for the purpose of creating an Economic Transition Division. The new division would be tasked with providing programmatic, funding, administrative, and logistical support for communities and workers in economic transition.
What are the huge flaws in HB12? (Retake again)…HB 12 is basically a gray hydrogen bill, with a bunch of other really bad stuff added.
Listed below are our biggest concerns:
• The bill defines nuclear energy and carbon capture and sequestration as “advanced energy technology projects.”
• The bill rewards failure. HB 12 allows the state to take over failed projects from companies and pay those companies for their failure– essentially offering incentives for industry to invest in risky projects–for which carbon sequestration certainly qualifies.
• The Bill guts consumer protections. HB12 makes numerous exceptions to the procurement code, making that code meaningless.
See the link below for details on HB12 and reasons why it must be modified or opposed!
https://3207b075-4a4d-43ad-a9d9-11a95ddd032f.usrfiles.com/ugd/3207b0_4752f71f48224f01ac46e53205ed6044.pdf?eType=EmailBlastContent&eId=81a7b5a4-5b8b-478e-9d79-d262257c4d30

News from the Roundhouse – from Progress Now NM. HB4 the voting rights bill passed the necessary committees and is headed to the House floor for a vote. Let’s contact our legislators (contact info below) to ask them to support it. Some details of the bill – restoring voting rights, protecting automatic voter registration, making election day a school day-off, enhancing voter privacy, tribal voting enhancements and more! Read on.
“The New Mexico Voting Rights Act (HB4) is an important piece of legislation that will remove unnecessary barriers to voting for eligible New Mexicans and ensure our state is making strides to set the precedent for safe, secure, and modern elections. We need YOU to voice your support for this critical bill.”
“HB4 has passed its assigned House committees and will be on the House floor for debate and a vote in the coming days. It's time to let your state legislators to support HB4.”
“Who we vote into office directly affects the policies that are passed and should be representative of all New Mexico communities. Our democracy works best when all eligible voters can safely and consistently exercise their freedom to vote without barriers.”
“The 2023 Voting Rights Act reflects the will and desire of New Mexicans to have a secure, fair, and equitable voting process. Each component of the Act are common sense voting protections, ensuring eligible New Mexicans’ constitutional right to vote. “
https://votingrightsactnm.org/
What does the Voting Rights Act (HB4) include?
Restoration of Voting Rights (ROR) : Restoration of Rights encompasses the process by which people convicted of a felony regain their constitutional right to vote and participate in the democratic process upon release from incarceration. This section will restore democracy and advance racial justice by automatically restoring the right to vote for all community members, improve public safety, and reduce recidivism with a stronger democracy.
Native Voter Protections: Improving Native protections means increasing collaboration between tribal leaders and election clerks, standardizing early voting on tribal lands, and guaranteeing much-needed resources for polling places and secure ballot drop boxes. There is no reason that Native people should be forced to follow different standards when it comes to requesting resources to vote.
Permanent Absentee List: 65 million Americans decided to vote by mail in 2020 because it’s safe, secure, and accessible, just like a fair and free democracy should be. Allowing eligible voters to mark their preference for a mail ballot is a tried and tested way to advance justice for those with transportation, ambulatory, and other restrictions while reducing unnecessary work for election administrators.
Improvements to Secure AVR (automatic voter registration): The legislature has an opportunity to upgrade our automatic voter registration system to one that will automatically register people to vote when they present documents confirming their citizenship and residency at the MVD or another state agency. Changes to address, gender, and name would follow eligible voters, so they only have to change them once rather than obligating them to change them at each state agency making the process easier for voters.
Enhancing Voter Data Privacy: Updates to the Request for Voter Data section are needed to ensure the ongoing personal safety and trust of registered voters by ensuring that the use of voter data is restricted to the purpose defined by the requestor. This is important for healthcare providers, elected officials, and community members that may be at higher risk if their addresses are made public.
Election Day as a School Holiday: Election Day is a special day for our country and our democracy. By making Election Day a school holiday we have the opportunity to create generational value of voting and something that can be looked forward to as a family event.
Contact info for our Legislators:
Representative Susan Herrera - phone - 505-986-4333,
email: susan.herrera@nmlegis.gov
Senator Leo Jaramillo – phone - 505-986-4487,
email: leo.jaramillo@nmlegis.gov

$Action Alert from WildEarth Guardians - environmental advocates for western states with offices in Santa Fe. Asking us to write to Gov. Lujan-Grisham and her administration who are about to issue a perit for a large oil and gas processing plant in southeast NM in the Permian Basin. Link below to submit comments- 5 minutes of your time will go a long way, thank you! From WildEarth: New Mexico Gov. Michelle Lujan-Grisham and her administration are bending over backward to let the oil and gas industry fill the air with toxic, climate-destroying pollution. We need your help to put an end to this! Speak out today and tell the governor’s staff to reject more pollution permits for oil and gas companies. Tell them to put clean air and climate first! In the Permian Basin of southeastern New Mexico, unchecked drilling and fracking are fueling a pollution crisis, pushing smog to levels higher than what most big cities experience, and filling the air with climate-destroying methane. In spite of this, the New Mexico Environment Department wants to let companies pollute even more. The latest is a proposed permit that would let a major oil and gas company expand a massive processing plant and drastically increase emissions. The proposed permit would also create loopholes to allow the company to violate its permit when the plant breaks down and vents or flares gas. Gov. Lujan Grisham and her Environment Department need to hear from us. Send a letter today and tell the administration to reject this latest proposed permit and stop worsening the Permian Basin’s air pollution problems. We can’t protect our climate and clean air if the oil and gas industry keeps getting a free pass to pollute. It’s time for Gov. Lujan Grisham and her administration to do what’s right for people and communities. Send a letter today and make sure Gov. Lujan-Grisham and her administration get the message loud and clear. We can’t afford to shoulder the costs of the oil and gas industry’s pollution. https://p2a.co/eZQeNr2$

This just in from Retake Our Democracy - "SB 165 Local Choice Energy passed in Senate Conservation this morning, 6-2 along party lines!" This bill is gaining steam. Many thanks to all who reached out to legislators on the committee, or attended the hearing in person to show their support!

A two-parter – Reports from the Roundhouse. First SB 165 the Local Choice Energy will go before the Senate Conservation committee tomorrow. This bill is gaining steam, with both Bernalillo and Santa Fe County officials voting to support it –the towns of Bayard and Hurley…and more. Below is information on how to contact committee members to urge them to vote “Yes” on SB165. See info sheets for details. Remember, every bill passes through multiple committees in order to move to both the House and Senate for final passage. So supporting them at the committee stage can make or break a bill.
Then, a graphic from Progress NM showing the status of some energy and environmental focused bills.
From Retake our Democracy - On Tues., Feb. 7, 9 a.m. in Room 311, Senate Conservation will hear SB 165 Local Choice Energy Act and a number of other environment-related bills. SB 165, introduced by Sen. Carrie Hamblen, changes state law to allow municipalities the option to choose their electricity generation sources and expand energy options for tribal nations, while saving money for ratepayers. You’ll find talking points in the link in the bill title above. Please email committee members today and call on Monday morning to urge them to vote “YES” on SB 165.
Senate Conservation Committee
• Chair: Elizabeth “Liz” Stefanics (D). District 39 (Bernalillo, Lincoln, San Miguel, Santa Fe, Torrance & Valencia). Room 328B, 986-4377. Email: lstefanics@msn.com
• Vice Chair: Antoinette Sedillo Lopez (D). District 16 (Bernalillo). Room 218C, 986-4389. Email: a.sedillolopez@nmlegis.gov
• Ranking Member: David M. Gallegos (R). District
• 41 (Eddy & Lea). Room 415A, 986-4278. Email: david@ramirezandsonsinc.com
• Member: Joseph Cervantes (D). District 31 (Doña Ana). Room 319, 986-4861. Email: joseph.cervantes@nmlegis.gov
• Member: Carrie Hamblen (D). District 38 (Doña Ana). Room 416G, 986-4266. Email: carrie.hamblen@nmlegis.gov
• Member: Steven P. Neville (R). District 2 (San Juan). Room 415B, 986-4701. Email: steven.neville@nmlegis.gov
• Member: Harold Pope (D). District 23 (Bernalillo). Room 416E, 986-4365. Email: harold.popejr@nmlegis.gov
• Member: Gregg Schmedes (R). District 19 (Bernalillo, Sandoval, Santa Fe & Torrance). Room 415F, 986-4395. Email: gregg.schmedes@nmlegis.gov
• Member: William P. Soules (D). District 37 (Doña Ana). Room 328C, 986-4834. Email: bill.soules@nmlegis.gov
Bulk email: “Joseph Cervantes” <joseph.cervantes@nmlegis.gov>, “David M. Gallegos” <david@ramirezandsonsinc.com>, “Carrie Hamblen” <carrie.hamblen@nmlegis.gov>, “Steven P. Neville” <steven.neville@nmlegis.gov>, “Harold Pope” <harold.popejr@nmlegis.gov>, “Gregg Schmedes” <gregg.schmedes@nmlegis.gov>, “Antoinette Sedillo Lopez” <a.sedillolopez@nmlegis.gov>, “William P. Soules” <bill.soules@nmlegis.gov>, “Elizabeth “Liz” Stefanics” lstefanics@msn.com

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