New Mexico Coalition for Clean Affordable Energy
2005 Legislative Session
- Energy Efficiency and Renewable Energy Bonding Act (HB 32 - Mimi Stewart):
Description: Enabling the State to issue bonds for $20 million in energy efficiency upgrades in state buildings and schools, pay back the bonds with energy savings, and use the net profits for renewable energy projects.
Merits: Save energy in state buildings, demonstrate energy efficiency opportunities, finance renewable energy systems to increase renewable energy generation, provide energy efficiency examples and renewable energy systems for education right at schools, and help grow the solar industry. This bill will dramatically accelerate energy efficiency improvements in New Mexico, and greatly expand renewable energy education as well.
Status: Passed!
CCAE Recommendation: Support
- Renewable Energy Production Tax Credit (SB 334 - Carlos Cisneros, HB 121 Bobby Gonzales):
Description: This bill is the combined Production Tax Credit amendment (originally HB 121) and the Solar Thermal and Photovoltaic Systems Tax Credit Act (SB 334).
The Solar Tax Credit portion provides a personal and corporate income tax credits worth 15% of the upfront cost of an active solar thermal system ($1500 max), $3.50/watt for residential photovoltaic systems ($10K max), and $1.50/watt for commercial photovoltaic systems ($75K max). Total program would be capped at $4 million per year ($1 million for solar thermal, $2 million for residential PV, and $1 million for commercial PV). The combined incentives still fit within the original $20 million cap established within the existing Production Tax Credit.
The following PTC amendments have been removed from the bill, much to our disappointment: decreases the eligibility threshold of New Mexico's existing renewable energy production tax credit from 10 MW to systems with a maximum output capacity of 1 megawatt, 2) makes the credit refundable, and 3) increases the amount from 1 cent/kWh to 2 cents/kWh for solar power projects.
Merits: New Mexico presently has NO upfront (at or near time of purchase) financial incentive for residential and commercial solar energy systems, which is the single biggest barrier to the growth of distributed solar energy generation in New Mexico. Many other states do have such incentives (see www.DSIREusa.org). This is New Mexico's chance to catch up, create hundreds of new high tech and skilled jobs, protect the environmental, insulate consumers against rising energy costs, and put New Mexico on course to become a distributed solar energy leader.
Status: The final bill made it all the way through the house and died in Senate Finance when the clock ran out. Did Not Pass.
CCAE Recommendation: Support
- Net Metering of Renewable Energy Resources (HB 200 - George Hanosh, SB 1006 - Carlos Cisneros):
Description: This bill will essentially codify (place into law) New Mexico's existing net-metering rule (NMPRC Rule 571 - created by the Public Regulation commission in 1998) for systems under 10 kilowatts (kw), such that there are no limitations on the number of customers who can net-meter systems under 10 kw. It will also allow a limited number of systems between 10 kw and 100 kw to net-meter, such that the total net-metered capacity in a given utility does not exceed 1% of an investor owned utilities peak load, or have a revenue impact greater than 1% of an electric cooperative's net-margin.
Merits: This will protect New Mexico's current net-metering law, and open the door for commercial scale renewable energy generation (as in systems on businesses, not utility scale), which is an essential part of growing the renewable energy industry and increasing usage of renewable energy in New Mexico.
Status: This bill came about as close as possible to passing, HB 200 passed the Senate floor in the last 4 minutes of the session, but did not get concurrence from the Senate before they adjourned. Did Not Pass.
CCAE Recommendation: Support
- The Efficient Use of Energy Act (HB 619 - James R. Madalena, SB 644 - Carlos Cisneros):
Description: Will require public utilities to evaluate the potential for energy efficiency improvements and implement programs to increase energy efficiency.
Merits: Energy efficiency improvements in New Mexico have the potential to save New Mexican's hundreds of millions of dollars in energy costs, and protect the environment.
Status: Passed!
CCAE Recommendation: Support
- Renewable Energy Transmission & Storage Act (SB 627 - Michael Sanchez, HB 748 - Jose Campos):
Description: This bill would create a new authority that can plan new transmission and energy storage facilities for renewable energy projects, and provide financing assistance, and acquire land for those facilities.
Merits: Most of New Mexico's prime wind power resource is extremely remote. This authority would help develop the transmission capacity that's needed to develop this clean energy resource.
Status: HB 748 made it to the Senate Supplementary calendar, but didn't get heard before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- Gross Receipts Exemption for Wind Equipment (HB 42 - Brian Moore):
Description: This bill would grant a gross receipts tax exemption for wind power equipment.
Merits: This bill would make New Mexico more attractive for utility scale wind power development.
Status: This bill passed the house (it got past House Tax and Rev for the first time in at least 3 years!) and got held up in Senate Finance until the clock ran out. Did Not Pass.
CCAE Recommendation: Support
- Energy Efficiency and Renewable Energy Bonding Act (HB 32 - Mimi Stewart):
Description: Enabling the State to issue bonds for $20 million in energy efficiency upgrades in state buildings and schools, pay back the bonds with energy savings, and use the net profits for renewable energy projects.
Merits: Save energy in state buildings, demonstrate energy efficiency opportunities, finance renewable energy systems to increase renewable energy generation, provide energy efficiency examples and renewable energy systems for education right at schools, and help grow the solar industry. This bill will dramatically accelerate energy efficiency improvements in New Mexico, and greatly expand renewable energy education as well.
Status: Passed!
CCAE Recommendation: Support
- Renewable Energy Production Tax Credit (SB 334 - Carlos Cisneros, HB 121 Bobby Gonzales):
Description: This bill is the combined Production Tax Credit amendment (originally HB 121) and the Solar Thermal and Photovoltaic Systems Tax Credit Act (SB 334).
The Solar Tax Credit portion provides a personal and corporate income tax credits worth 15% of the upfront cost of an active solar thermal system ($1500 max), $3.50/watt for residential photovoltaic systems ($10K max), and $1.50/watt for commercial photovoltaic systems ($75K max). Total program would be capped at $4 million per year ($1 million for solar thermal, $2 million for residential PV, and $1 million for commercial PV). The combined incentives still fit within the original $20 million cap established within the existing Production Tax Credit.
The following PTC amendments have been removed from the bill, much to our disappointment: decreases the eligibility threshold of New Mexico's existing renewable energy production tax credit from 10 MW to systems with a maximum output capacity of 1 megawatt, 2) makes the credit refundable, and 3) increases the amount from 1 cent/kWh to 2 cents/kWh for solar power projects.
Merits: New Mexico presently has NO upfront (at or near time of purchase) financial incentive for residential and commercial solar energy systems, which is the single biggest barrier to the growth of distributed solar energy generation in New Mexico. Many other states do have such incentives (see www.DSIREusa.org). This is New Mexico's chance to catch up, create hundreds of new high tech and skilled jobs, protect the environmental, insulate consumers against rising energy costs, and put New Mexico on course to become a distributed solar energy leader.
Status: The final bill made it all the way through the house and died in Senate Finance when the clock ran out. Did Not Pass.
CCAE Recommendation: Support
- Net Metering of Renewable Energy Resources (HB 200 - George Hanosh, SB 1006 - Carlos Cisneros):
Description: This bill will essentially codify (place into law) New Mexico's existing net-metering rule (NMPRC Rule 571 - created by the Public Regulation commission in 1998) for systems under 10 kilowatts (kw), such that there are no limitations on the number of customers who can net-meter systems under 10 kw. It will also allow a limited number of systems between 10 kw and 100 kw to net-meter, such that the total net-metered capacity in a given utility does not exceed 1% of an investor owned utilities peak load, or have a revenue impact greater than 1% of an electric cooperative's net-margin.
Merits: This will protect New Mexico's current net-metering law, and open the door for commercial scale renewable energy generation (as in systems on businesses, not utility scale), which is an essential part of growing the renewable energy industry and increasing usage of renewable energy in New Mexico.
Status: This bill came about as close as possible to passing, HB 200 passed the Senate floor in the last 4 minutes of the session, but did not get concurrence from the Senate before they adjourned. Did Not Pass.
CCAE Recommendation: Support
- The Efficient Use of Energy Act (HB 619 - James R. Madalena, SB 644 - Carlos Cisneros):
Description: Will require public utilities to evaluate the potential for energy efficiency improvements and implement programs to increase energy efficiency.
Merits: Energy efficiency improvements in New Mexico have the potential to save New Mexican's hundreds of millions of dollars in energy costs, and protect the environment.
Status: Passed!
CCAE Recommendation: Support
- Renewable Energy Transmission & Storage Act (SB 627 - Michael Sanchez, HB 748 - Jose Campos):
Description: This bill would create a new authority that can plan new transmission and energy storage facilities for renewable energy projects, and provide financing assistance, and acquire land for those facilities.
Merits: Most of New Mexico's prime wind power resource is extremely remote. This authority would help develop the transmission capacity that's needed to develop this clean energy resource.
Status: HB 748 made it to the Senate Supplementary calendar, but didn't get heard before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- Gross Receipts Exemption for Wind Equipment (HB 42 - Brian Moore):
Description: This bill would grant a gross receipts tax exemption for wind power equipment.
Merits: This bill would make New Mexico more attractive for utility scale wind power development.
Status: This bill passed the house (it got past House Tax and Rev for the first time in at least 3 years!) and got held up in Senate Finance until the clock ran out. Did Not Pass.
CCAE Recommendation: Support
- Clean Energy Grants Program: Appropriate $5 million for grants for clean energy projects and hydrogen energy technology for municipalities and other eligible community, tribal, and state entities.
Description: Appropriate $5 million for grants for clean energy projects for public institutions (state, municipalities, and tribal entities)
Merits: In 2004 the State issued $1 million in clean energy grants, but received for times this amount in applications. Interest is widespread, and these grants will help greatly to seed renewable energy development and education in New Mexico.
Status: The Clean Energy Grants Program was funded at $3,000,000 so the program will continue! Passed.
CCAE Recommendation: Support
- Hydrogen Technology Partnership Act (HB 351 - Nick Salazar):
Description: Appropriate $5 million for grants for hydrogen energy technology development in New Mexico
Merits: Hydrogen technology is widely viewed as an essential means for storing renewable energy in the future. New Mexico has many small companies engaged in various aspects of hydrogen related research and development. This partnership will help these companies grow, and to develop connections more directly with hydrogen production and usage in New Mexico.
Status: Tabled in House Appropriations and Finance Committee Thurs. Feb 24th. Did Not Pass.
CCAE Recommendation: Support
- Citizen's Utility Review Act (HB 393 - Ken Martinez):
Description: Would create a Governor appointed board to represent residential and small commercial interests in PRC proceedings.
Merits: This bill would provide an alternative venue for consumer issues and the public voice on utility issues before the State of New Mexico.
Status: Passed House Energy and Natural Resources narrowly (7-6 vote) Wed. Feb 9th. Tabled in House Judiciary Committee March 1st. Did Not Pass.
CCAE Recommendation: Support.
- Sustainable Development Test Site Act (HB 124 - Bobby Gonzales, SB 417 - Carlos Cisneros):
Description: The purpose of the act is to allow counties, after review by appropriate state agencies, to permit specific rural areas as “sustainable development testing sites.” In these areas an applicant can propose an exemption from “laws, ordinances and rules,” that may inhibit the proposed research.
Merits: EMNRD believes HB 124 will ultimately increase the development and use of renewable energy and energy efficiency (RE/EE) technologies in residential applications in New Mexico.
Status: SB 417 got all the way to the House Floor but didn't get heard before the clock ran out. Did Not Pass.
CCAE Recommendation: Support
- Create Technology Research Collaborative (HB 128 - Nick Salazar):
Description: The bill creates the Technology Research Collaborative, with the New Mexico Institute of Mining and Technology as the fiscal agent. Purposes of the collaborative as specified in the bill are: Establishing advanced technology centers; Developing, creating and commercializing new intellectual property; Encouraging new opportunities for business and increased jobs; and Creation of a workforce to support new enterprises based on intellectual property
Merits: The Collaborative created by this bill would dedicate a portion of its resources to the development of alternative fuels and sustainable natural resources.
Status: Passed! It heads to the Governor's desk for signing.
CCAE Recommendation: Support.
- New Mexico Tech Technology Research Collaborative (HB 129 - Nick Salazar):
Description: House Bill 129 appropriates $7.9 million from the general fund to the board of regents of New Mexico Institute of Mining and Technology for the technology research collaborative of HB 128 to establish advanced technology centers
Merits: This bill appropriates $1.5 million for alternative fuels and $750 thousand for sustainable natural resources.
Status: Passed House Education Committee. Tabled in House Appropriations and Finance Thurs. Did Not Pass.
CCAE Recommendation: Support.
- Require Water Plans for Certain Power Plants (HB 348 - Don Tripp):
Description: This bill would require new power plants that would use an average of 100 acre-feet of water per year or more (or an expansion of an existing plant) to submit a water conservation plant to the Public Regulation Commission (PRC). Plants in operation July 1, 2005 that expand to less than 300MW capacity are exempt. This bill also requires the PRC to forward the water conservation plan to the Office of the State Engineer for its analysis.
Merits: The legislation sets a benchmark of water usage for a new power plant-100 acre feet-and requires a new or expanding plant that wants to be permitted by the PRC to undergo a review as to how it will best conserve water in the interests of all New Mexicans. It also requires plants that are 50 MW or larger to go before the PRC (currently they only regulate plants 300 MW and larger), as well as increasing public notice for new power plant proposals.
Status: This bill made it all the way to the Senate Floor but didn't get heard before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- Advanced Energy Product Manufacturers Tax Credit Act (HB 527 - Nick Salazar):
Description: This bill establishes a tax credit for anyone who purchases manufacturing equipment for an "advanced energy product". This included an advanced energy vehicle, fuel cell system, renewable energy system or any component of an advanced energy vehicle, fuel cell system or renewable energy system.
Merits: This bill would encourage manufacturers of renewable energy equipment to site in New Mexico, boosting the state economy and further developing renewable energy technology deployment in the state.
Status: This bill passed the House but didn't make it out of Senate Finance before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- New Mexico Healthy Communities Act (HB 722 - Antonio Lujan, SB 710 - Linda Lopez):
Description: This bill would require that the government analyze the impact of regulated facilities on the health and environment of the community where it will be located taking into account the community's cultural integrity, ethnicity, income level, and pre-existing facilities in the community. This bill also works to make sure that all impacted communities are treated equally in the decision to site a regulated facility.
Merits: This bill works to protect the fundamental right of a community to participate meaningfully in the development of that community.
Status: HB 722 was tabled in House Energy and Natural Resources Committee. SB 710 never made it out of Senate Conservation before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- Air Emission Investment Cost Recovery (SB 58 - Carroll Leavell):
Description: This bill enables utilities to recover costs from investing in air emissions reduction projects through the general rate making process.
Merits:
Status: This bill is was never heard. Did Not Pass.
CCAE Recommendation: Support.
- Environmental Civil Penalties Limit (SB 221 - Stuart Ingle):
Description: This bill amends the Environmental Improvement Act to provide that orders issued by the Secretary of Environment under the the Air Quality Control Act, the Hazardous Waste Act, the Radiation Protection Act or the Solid Waste Act may not assess a total civil penalty in excess of $250,000 or assess a penalty for violations that occurred more than 24 months prior to the initiation of the administrative action.
Merits: This bill will gut the regulatory power for the New Mexico Environmental Department to go after industry polluters.
Status: Passed the Senate Floor. This was never heard in House Consumer and Public Affairs and died when the clock ran out. Did Not Pass.
CCAE Recommendation: Oppose.
- Precautionary Principles in State Government (HJM 24 - Antonio Lujan, SJM 54 - B. Sanchez):
Description: This Memorial requests the state of New Mexico to initiate and support selected precautionary programs to promote environmentally safe schools and health care facilities, integrated pest management in state buildings and grounds, economic benefits to the state, and that the Governor appoint a task force to assess the benefits of implementing the precautionary principle in New Mexico.
Merits: The Precautionary Principle outlines opportunities to promote environmental and economic justice, protect the environment and safeguard the health of all New Mexicans through, among other things, the active participation of communities in decisions affecting their health.
Status: Both SJM 54 and HJM 24 did not make it of Senate Rules before time ran out. Did Not Pass.
CCAE Recommendation: Support.
- Legislative Review of State Rules (HB 705 - Thomas Taylor):
Description: This bill would require all rules and regulations proposed by state agencies to be approved by legislative interim committees.
Merits: This bill blurs the line between separation of powers between the executive and legislative branches and it will certainly undermine the ability of various department to do their jobs effectively and efficiently. The redundancy within state government may also waste time and money for any and all departmental rules and regs to also be subject to legislative approval.
Status: Passed House Government and Urban Affairs without recommendation. This bill did not get heard in House Judiciary. Did Not Pass.
CCAE Recommendation: Oppose.
- Basis for Adoption of Some Rules (HB 645 - Dan Foley):
Description: This bill requires that decisions/rules adopted by the Environmental Improvement Board, Water Quality Control Commission and Oil Conservation Commission be supported by "certain" scientific standards. These commissions can make decisions based only on scientific "facts" with no "conjecture" presented to the committee by a scientific expert. If science is used, those scientific facts must prove that property or pecuniary damages are avoided. Decisions made that seem to violate this restriction would be subject to appeal.
Merits: This bill would compromise the ability of citizens and advocates to use scientific evidence to argue on behalf of public interest, public health etc., and would restrict the boards use of science in decision making to be based solely on property and monetary impacts.
Status: Passed House Government and Urban Affairs without recommendation. This bill did not get heard in House Judiciary. id Not Pass.
CCAE Recommendation: Oppose.
- Clean Energy Grants Program: Appropriate $5 million for grants for clean energy projects and hydrogen energy technology for municipalities and other eligible community, tribal, and state entities.
Description: Appropriate $5 million for grants for clean energy projects for public institutions (state, municipalities, and tribal entities)
Merits: In 2004 the State issued $1 million in clean energy grants, but received for times this amount in applications. Interest is widespread, and these grants will help greatly to seed renewable energy development and education in New Mexico.
Status: The Clean Energy Grants Program was funded at $3,000,000 so the program will continue! Passed.
CCAE Recommendation: Support
- Hydrogen Technology Partnership Act (HB 351 - Nick Salazar):
Description: Appropriate $5 million for grants for hydrogen energy technology development in New Mexico
Merits: Hydrogen technology is widely viewed as an essential means for storing renewable energy in the future. New Mexico has many small companies engaged in various aspects of hydrogen related research and development. This partnership will help these companies grow, and to develop connections more directly with hydrogen production and usage in New Mexico.
Status: Tabled in House Appropriations and Finance Committee Thurs. Feb 24th. Did Not Pass.
CCAE Recommendation: Support
- Citizen's Utility Review Act (HB 393 - Ken Martinez):
Description: Would create a Governor appointed board to represent residential and small commercial interests in PRC proceedings.
Merits: This bill would provide an alternative venue for consumer issues and the public voice on utility issues before the State of New Mexico.
Status: Passed House Energy and Natural Resources narrowly (7-6 vote) Wed. Feb 9th. Tabled in House Judiciary Committee March 1st. Did Not Pass.
CCAE Recommendation: Support.
- Sustainable Development Test Site Act (HB 124 - Bobby Gonzales, SB 417 - Carlos Cisneros):
Description: The purpose of the act is to allow counties, after review by appropriate state agencies, to permit specific rural areas as “sustainable development testing sites.” In these areas an applicant can propose an exemption from “laws, ordinances and rules,” that may inhibit the proposed research.
Merits: EMNRD believes HB 124 will ultimately increase the development and use of renewable energy and energy efficiency (RE/EE) technologies in residential applications in New Mexico.
Status: SB 417 got all the way to the House Floor but didn't get heard before the clock ran out. Did Not Pass.
CCAE Recommendation: Support
- Create Technology Research Collaborative (HB 128 - Nick Salazar):
Description: The bill creates the Technology Research Collaborative, with the New Mexico Institute of Mining and Technology as the fiscal agent. Purposes of the collaborative as specified in the bill are: Establishing advanced technology centers; Developing, creating and commercializing new intellectual property; Encouraging new opportunities for business and increased jobs; and Creation of a workforce to support new enterprises based on intellectual property
Merits: The Collaborative created by this bill would dedicate a portion of its resources to the development of alternative fuels and sustainable natural resources.
Status: Passed! It heads to the Governor's desk for signing.
CCAE Recommendation: Support.
- New Mexico Tech Technology Research Collaborative (HB 129 - Nick Salazar):
Description: House Bill 129 appropriates $7.9 million from the general fund to the board of regents of New Mexico Institute of Mining and Technology for the technology research collaborative of HB 128 to establish advanced technology centers
Merits: This bill appropriates $1.5 million for alternative fuels and $750 thousand for sustainable natural resources.
Status: Passed House Education Committee. Tabled in House Appropriations and Finance Thurs. Did Not Pass.
CCAE Recommendation: Support.
- Require Water Plans for Certain Power Plants (HB 348 - Don Tripp):
Description: This bill would require new power plants that would use an average of 100 acre-feet of water per year or more (or an expansion of an existing plant) to submit a water conservation plant to the Public Regulation Commission (PRC). Plants in operation July 1, 2005 that expand to less than 300MW capacity are exempt. This bill also requires the PRC to forward the water conservation plan to the Office of the State Engineer for its analysis.
Merits: The legislation sets a benchmark of water usage for a new power plant-100 acre feet-and requires a new or expanding plant that wants to be permitted by the PRC to undergo a review as to how it will best conserve water in the interests of all New Mexicans. It also requires plants that are 50 MW or larger to go before the PRC (currently they only regulate plants 300 MW and larger), as well as increasing public notice for new power plant proposals.
Status: This bill made it all the way to the Senate Floor but didn't get heard before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- Advanced Energy Product Manufacturers Tax Credit Act (HB 527 - Nick Salazar):
Description: This bill establishes a tax credit for anyone who purchases manufacturing equipment for an "advanced energy product". This included an advanced energy vehicle, fuel cell system, renewable energy system or any component of an advanced energy vehicle, fuel cell system or renewable energy system.
Merits: This bill would encourage manufacturers of renewable energy equipment to site in New Mexico, boosting the state economy and further developing renewable energy technology deployment in the state.
Status: This bill passed the House but didn't make it out of Senate Finance before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- New Mexico Healthy Communities Act (HB 722 - Antonio Lujan, SB 710 - Linda Lopez):
Description: This bill would require that the government analyze the impact of regulated facilities on the health and environment of the community where it will be located taking into account the community's cultural integrity, ethnicity, income level, and pre-existing facilities in the community. This bill also works to make sure that all impacted communities are treated equally in the decision to site a regulated facility.
Merits: This bill works to protect the fundamental right of a community to participate meaningfully in the development of that community.
Status: HB 722 was tabled in House Energy and Natural Resources Committee. SB 710 never made it out of Senate Conservation before the clock ran out. Did Not Pass.
CCAE Recommendation: Support.
- Air Emission Investment Cost Recovery (SB 58 - Carroll Leavell):
Description: This bill enables utilities to recover costs from investing in air emissions reduction projects through the general rate making process.
Merits:
Status: This bill is was never heard. Did Not Pass.
CCAE Recommendation: Support.
- Environmental Civil Penalties Limit (SB 221 - Stuart Ingle):
Description: This bill amends the Environmental Improvement Act to provide that orders issued by the Secretary of Environment under the the Air Quality Control Act, the Hazardous Waste Act, the Radiation Protection Act or the Solid Waste Act may not assess a total civil penalty in excess of $250,000 or assess a penalty for violations that occurred more than 24 months prior to the initiation of the administrative action.
Merits: This bill will gut the regulatory power for the New Mexico Environmental Department to go after industry polluters.
Status: Passed the Senate Floor. This was never heard in House Consumer and Public Affairs and died when the clock ran out. Did Not Pass.
CCAE Recommendation: Oppose.
- Precautionary Principles in State Government (HJM 24 - Antonio Lujan, SJM 54 - B. Sanchez):
Description: This Memorial requests the state of New Mexico to initiate and support selected precautionary programs to promote environmentally safe schools and health care facilities, integrated pest management in state buildings and grounds, economic benefits to the state, and that the Governor appoint a task force to assess the benefits of implementing the precautionary principle in New Mexico.
Merits: The Precautionary Principle outlines opportunities to promote environmental and economic justice, protect the environment and safeguard the health of all New Mexicans through, among other things, the active participation of communities in decisions affecting their health.
Status: Both SJM 54 and HJM 24 did not make it of Senate Rules before time ran out. Did Not Pass.
CCAE Recommendation: Support.
- Legislative Review of State Rules (HB 705 - Thomas Taylor):
Description: This bill would require all rules and regulations proposed by state agencies to be approved by legislative interim committees.
Merits: This bill blurs the line between separation of powers between the executive and legislative branches and it will certainly undermine the ability of various department to do their jobs effectively and efficiently. The redundancy within state government may also waste time and money for any and all departmental rules and regs to also be subject to legislative approval.
Status: Passed House Government and Urban Affairs without recommendation. This bill did not get heard in House Judiciary. Did Not Pass.
CCAE Recommendation: Oppose.
- Basis for Adoption of Some Rules (HB 645 - Dan Foley):
Description: This bill requires that decisions/rules adopted by the Environmental Improvement Board, Water Quality Control Commission and Oil Conservation Commission be supported by "certain" scientific standards. These commissions can make decisions based only on scientific "facts" with no "conjecture" presented to the committee by a scientific expert. If science is used, those scientific facts must prove that property or pecuniary damages are avoided. Decisions made that seem to violate this restriction would be subject to appeal.
Merits: This bill would compromise the ability of citizens and advocates to use scientific evidence to argue on behalf of public interest, public health etc., and would restrict the boards use of science in decision making to be based solely on property and monetary impacts.
Status: Passed House Government and Urban Affairs without recommendation. This bill did not get heard in House Judiciary. Did Not Pass.
CCAE Recommendation: Oppose.
