Gravel Mining Legislation February 13, 2015

By Dick Ulmer – Today, 2/13, the House Regulatory and Public Affairs Committee (HRPAC) met to consider HB188 and HB190 sponsored by Sen John Sapien and Rep Jim Smith. A more detailed explanation of these bills can be found in the earlier postings on this Forum, but for completeness of this article, we will simply say that HB188 gives counties the right to fine gravel operators up to $1000/violation/day instead of the current $300, and HB190 would place gravel operators under the NM Mining Act which requires reclamation as well as other business responsible conditions.

In an opening “parliamentary move,” requested by Rep Smith (also a member of the HRPAC committee), HB190 was “rolled over” for later consideration by the committee. This was felt necessary due a significant amount of late breaking misinformation from opposing factions that we felt was would be damaging to committee passage—but if we bought a few additional days we could correct and even turn things to our advantage.

The committee room was packed to overflowing and some of our supporters had to remain outside until seats opened up—and we must be doing something right, because while a significant number of our neighbors drove up for the meeting, the opposition—gravel miners from all over the state—were there to object.

Rep Smith and Sen Sapien then summarized HB188 and their support for it. HB188 has been amended to limit to Class A Counties and which there are only about 19 mines affected (Class A County mines 20 acres or more).  Dick Ulmer, our Land Protection Trust chairperson, was introduced as an “expert witness” and presented why this was important and necessary legislation to protect the health and welfare of our community. Following this testimony, the objectors were each given the opportunity to state their objection followed by statements from each of the supporters in the room.

One could not help but be proud of each member of our community who participated with their presence and those who chose to provide public comment. One of the committee members (whose vote we were not sure of) specifically commented about the level of support shown by the citizens of the community. In contrast to many comments by objectors which were based on lack of understanding or fact, those supporting the bills stayed focused on the issues at hand and made brief, but well reasoned statements to the committee members. In addition (and due to a lot of hard work over the weeks leading up to the meeting), compelling statements of support were made by Larry Horan, Sandoval County lobbyist, and Steve Koppleman from the NM Association of Counties.

At the conclusion of comments, the Chair called for a vote and HB 188 was approved by a vote of 3 to 2. While it was a narrow win, from the comments made by the opposition we learned a lot and have a much improved understanding of what we have to do in support of HB 190 which may come up for vote as early as next week.

Getting legislation passed in our State is not easy—but it is good to see the level of vetting that is done before enacting new laws and regulations. With the win HB188 today, we have only taken the first step. We now need to get HB190 passed by the HRPAC and then both bills must go to Energy, Environment and Natural Resouces Committee (HEENC). HEENC is Chaired by Rep. Stickler, a petroleum landman, and will a tough vetting so we will need our facts fully developed and community members attending in support. If the bills get through HEENC, the will then to the House Floor for vote. If they pass the floor, they will then go to the Senate side for similar committees vetting. These activities may also begin this coming week.

The pace and intensity is increasing. We’re off to a good start thanks to the efforts of many in this community—our thanks to each one of you!