New Mexico State Capitol in Santa Fe. Courtesy photo
The Santa Fe New Mexican:
Surface water bills move forward: A pair of water bills were approved along party lines by the Senate Conservation Committee on Thursday morning.
With Senate Bill 21, the state Environment Department is seeking to take over an Environmental Protection Agency permitting system for pollutants discharged into surface water. New Mexico is one of just a few states that does not administer its own program.
Senate Bill 22 intends to “fill in the gap” left by the 2023 U.S. Supreme Court decision in Sackett v. EPA by providing additional regulatory oversight to streams that may not run year-round, said bill sponsor and Senate Majority Leader Sen. Peter Wirth, D-Santa Fe.
“From 1972 to 2023, the federal government regulated all the waters that are now going to be regulated by the state under this,” Wirth said. “The Sackett decision dramatically narrowed the interpretation of what was controlled under the federal act.”
One public commenter, speaking at the request of Laguna Pueblo Gov. Harry Antonio Jr., said the bills were the highest priority for the pueblo this session.
But some of the details of a state-run permitting program — including how the program would be paid for — are yet to be determined. Setting a fee structure — or, conversely, deciding to have the state foot the bill — would require going through a public rulemaking process.
And it could be a difficult pill to swallow for some industries, as the federally administered surface water permit program is free.
Groups including the New Mexico Oil and Gas Association and the Albuquerque Metropolitan Arroyo Flood Control Authority spoke against the bill, with a flood authority representative saying the bill could be “fixed” with a dedicated funding stream.
“I think this bill has too many unknowns at this point,” Sen. Larry Scott, R-Hobbs said. “I don’t believe it’s ready for prime time.”
Committee reports are for fighting: Senate Republicans tried to challenge the acceptance of the committee report on SB 22 during Thursday’s floor session, arguing they weren’t given enough time to ask questions about the bills in the Senate Conservation Committee.
The Republican challenge failed on a 20-13 vote. Minority Leader Bill Sharer, R-Farmington, noted “in the West, whiskey is for drinking and water’s for fighting over, so we’re going to fight.” Several other Republicans criticized the majority for limiting debate in the committee.
“This is absolutely contrary to the legislative committee handbook rules and our Mason’s rules,” Scott said.
Wirth said he was willing to work with his colleagues to allow more time to explore issues in committee hearings but added “it’s not going to happen” that every committee will address every issue. Committee chairs have the right, he said, to limit debate.
“I don’t think anyone intended the rules to allow unlimited debate,” he said.
Senators dropped the subject for a while but returned to it toward the end the floor session, with both sides quoting the rule book at each other.
Sharer said Republicans can drag out committee debate on every bill to two hours “if that’s the rule we want to play by. Or we can play nice and simply allow the members to ask questions that are relevant to the bill.”
Senate President Pro Tem Mimi Stewart, D-Albuquerque, said majority and minority leaders should meet to reach an understanding of what the rules allow.
Mask up, if desired: Sen. Linda López, an Albuquerque Democrat and chair of the Senate Health and Public Affairs Committee, on Wednesday requested — but did not require — those attending the committee meeting to wear face masks, after a recent illness and hospital stay.
Members of the committee wished the chair a speedy recovery.
Psilocybin bipartisanship: A group of House members and senators from both parties are introducing a bill to create a medical psilocybin mushroom program in New Mexico.
Sponsors of Senate Bill 219 include Rep. Andrea Romero, D-Santa Fe. The bill would create a program, available by Dec. 31, 2027, under which people could receive psilocybin treatment for ailments including major depression, post-traumatic stress and substance use disorders, end-of-life care and other conditions approved by the state Department of Health, according to a news release from legislative Democrats.
“Psilocybin research is revolutionizing mental health care, offering hope to patients battling depression, PTSD, and anxiety,” Romero said in a statement. “With this legislation, New Mexico is leading the charge in treatment innovation, setting a powerful precedent for compassionate and science-backed care.”
Several cities and states have passed measures in recent years decriminalizing possession of psilocybin for personal use, while Oregon and Colorado have regulated therapeutic use programs similar to the one proposed in this bill.
The bill will be heard in the Senate Tax, Business and Transportation Committee, the news release states.
Quote of the day: “We should be touching our chair either with our hand or our butt.” — Senate Minority Leader Bill Sharer, R-Farmington, noting Senate rules require members to vote from their seats.