WWSUD?* CONSERVATION VOTERS NEW MEXICO *See inside for details. 2010 LegislativeLEGISLATIVE Scorecard 2010 SCORECARD1 Director’s Message This year marks the 40th anniversary of the very first Earth Day. What a wonderful opportunity to reflect on how far we’ve come, the immense challenges that still lie ahead and—perhaps most importantly—what each of us has done, and can do, to be part of the solution! moments to reflect on your daily life, the This opportunity is underscored by the actions you take (or don’t take), and what 320 Aztec Street, Suite B, recent loss of one of New Mexico’s most you think Stewart Udall would do in your Santa Fe, NM 87501 beloved conservation champions... situation. 505-992-8683 [email protected] Stewart Udall devoted his life and work to www.cvnm.org Would he drive less? Be more energy- protecting the unique and sacred places of efficient? Support environmental legisla- the natural world. Most of the landmark tion? Ask candidates what they will do to Staff environmental laws of America—clean protect our environment before they get Sandy Buffett air and water, endangered species, your vote? Executive Director wilderness, trails and scenic rivers—can Leanne Leith be traced directly to his efforts. Would Stewart Udall take the time to get Political Director involved? I think we all know he would, Molly Brook So when we’re faced with the global and he did. Program Associate climate crisis—perhaps the single great- Thomas Lawley est environmental challenge we’ve ever All of us here at Conservation Voters Business Administrator faced—we should ask ourselves: New Mexico are inspired to live up to his legacy. We hope this Scorecard provides We wish to extend our profound WWSUD? voters like you with a clear record of who gratitude to all of our generous supports conservation (and who does supporters and dedicated allies. What Would Stewart Udall Do? not), giving you another tool for making Special thanks to Joe Adair for decisions as an informed conservation his tremendous graphic design If you picked up this scorecard and expertise and Don Mickey Designs voter. wondered what WWSUD could possibly for quality printing. Finally, mean, we’re asking you to take a few the staff would like to thank On this 40th Earth Day, what a wonderful our Board of Directors for their tribute it would be to the life and work tireless commitment to our work. Scorecard Contents of Stewart Udall if we all committed to one change in our lives that will make a 3 2010 Highlights and Lowlights cleaner, greener future for all of us. Board of Directors 4 Conservation Vote Descriptions Jennifer Biedscheid 6 How to Read the Scorecard Thank you for being a Conservation Chris Catechis 7 Champions and Allies Voter! 8 Issue Champions Seth Cohen 9 Governor and Lt. Governor Kevin Dixon 10 2010 House Scorecard Sincerely, Charlotte Little 12 2010 Senate Scorecard Todd Lopez 13 Issue Spotlight: Climate Change Karen Mendenhall 14 Process Spotlight: Transparency Sandy Buffett Marla Painter 15 About the Scorecard CVNM Executive Director 16 Cycle of Accountability John Wertheim 17 Know the Score, Take Action www.CVNM.org Chaco Canyon Photos by Joe Adair 18 Legislative Contacts 2 Conservation Voters New Mexico • www.CVNM.org 2010 Legislature: Highlights and Lowlights with outstanding support from other Highlights groups in the coalition. After overcoming many challenges and disappointments, In 30-day legislative sessions, when we’re proud to have succeeded in passing budget issues dominate the debate, it is this important legacy for the Land of challenging to pass any environmental Enchantment. legislation—no matter how important. However, in 2010, a landmark bill was Another successful piece of legislation enacted after years of hard work by was Senate Bill 200, also sponsored by a diverse coalition of land trusts and Sen. Cisneros. The Rio Grande Chapter environmental groups. of the Sierra Club has worked for several Lowlights years on measures to require publicly- In his last regular legislative session, funded buildings to achieve certain Perhaps surprisingly, the 2010 session Governor Richardson pushed aggressively energy efficiency standards; as a result brought more highlights than lowlights, for Senate Bill 186, the Natural Heritage of the hard work of their staff and volun- and the major disappointments involved Conservation Act. Sponsored by Senator teers, SB 200 passed the Legislature and common-sense bills that were defeated Carlos Cisneros, SB 186 establishes a fund was signed by Governor Richardson. by powerful special interests. Based on to help state, local and tribal govern- these experiences, New Mexicans should ments, as well as private organizations, In 2010, CVNM was once again successful ask their legislators: conduct restoration and conservation in defending against every legislative • Why should New Mexico be forced projects—to protect our water resources, attack on our environment. For the to allow the worst air polluters (also working farms and ranches, wildlife and first time, however, these efforts did known as ‘bad actors’) in the state recreational opportunities. The Governor not require that the Governor veto any and country to operate here, and why was also successful in securing $5 million bills—because none of them made it wouldn’t the state want the authority in initial funding for the effort. that far! Although we still expend far too to shut down rogue polluters that other many resources on defense, we’re pleased states will not tolerate? Conservation Voters New Mexico that no anti-conservation measures have • Why shouldn’t citizens and (CVNM) and the Trust for Public Land led passed on our watch. communities have the right to take the advocacy efforts in the Roundhouse, environmental violators to court to stop In an era of bare bones budgets, when unlawful pollution that threatens their state enforcement capabilities are health, safety or property? stretched far too thin, New Mexicans • Why is New Mexico the only state in should have the right to protect their the country that allows individuals to families and communities from envi- kill an unlimited number of deer, elk or ronmental violators who threaten their other wildlife, if they believe they will health, safety and property. Although damage their grass or crops? HB 259 (Private Action to Enforce Enviro Statutes) did not pass the Legislature, it By defeating HB73, the Legislature was an extraordinary effort that fostered ensured that there will be more hope for future success. Speaker Lujan instances—like those already widely was passionate in sponsoring this reported—of dozens of elk or antelope measure to allow citizens to stop environ- being slaughtered at one time. And by mental violations, and he worked closely defeating ‘bad actor’ (HB276/SB115/ with Majority Leader Ken Martinez to SB285) and ‘private right of action’ bring the bill within two votes of passing (HB259) bills, the Legislature guaranteed the House floor—a remarkable feat. that polluters have more rights than people in New Mexico. 2010 Legislative Scorecard 3 Conservation Vote Descriptions allowed the state Natural Resources = Pro-Conservation Measure Wildlife & Wilderness Trustee to pursue, within limits, an entity = Anti-Conservation Measure that damages resources belonging to all HB 73 (Stewart): Taking of New Mexicans. DEFEATED in the House. property after the fact. HB259 would have Certain Animal Species Conservation Vote: YES As a result of a statutory change in 1997, allowed private citizens who are adversely New Mexico is the only state in the West affected by illegal pollution the right to HB 81/SB 61 (Heaton/Leavell): that allows landowners to kill wildlife take violators to court to stop the pollu- Petroleum Storage Tank if they believe they might damage their tion. Any penalties imposed would have Definition Changes accrued to the state. When we’re facing a property (including crops). The result has To maintain state primacy in the regula- been instances of wholesale slaughter of budget crisis, and agencies already have tion of petroleum storage tanks, and to limited resources for enforcement, this wild animals – including incidents of 19 avoid punitive measures by the federal elk and 41 pronghorn antelope killed at bill would have given New Mexicans a government, New Mexico’s laws must be at critical tool to protect their families and a single time. HB73 would have repealed least as stringent as federal law. HB81 and the 1997 amendment, while still allowing clean up their communities. SB61 are ‘fixes’ that amend state statute DEFEATED in the House. landowners to kill predators that threaten to be consistent with federal law, allowing human life, livestock or family pets. Conservation Vote: YES us to access millions of dollars in federal Votes on this bill are weighted 2x by CVNM DEFEATED in the House. money to clean up underground storage Conservation Vote: YES tanks that threaten water quality. Similar Votes on this bill are weighted 2x by CVNM bills failed to pass in prior years, so this is HB 276/SB 115/SB 285 an important achievement. PASSED both (Egolf/Nava/MJ Garcia): Air Quality Control Permit Denial HJM 48 (Bandy): Wolf chambers and signed by the Governor. Reintroduction Conflict Conservation Vote: YES Under every major New Mexico environ- Resolution Although the Senate voted on both the House mental statute, the state has the authority This memorial included misinformation and Senate versions of the bill, the first vote to deny or revoke a permit for an egre- is the one included in the scorecard – so the gious violator—with one exception: the and spurious assertions about the Senate is scored on SB 61. The only exceptions impacts of the wolf reintroduction Air Quality Control Act. The effect is that are for legislators who were excused or absent the worst of the worst rogue companies program, which only served to further for the first vote, in which case a recorded vote intensify conflicts and polarize the on the House bill has been substituted.