HB 188 “Tabled” by House Energy, Environment, and Natural Resources Committee (HEENC)

By Dick Ulmer – On Monday, the HEENC tabled (read that as “killed”) our proposed amendment to clarify and increase the fine for gravel mining operators who violate zoning laws in our 5 largest New Mexico Counties. It was a vote against local control. Speaking personally, (and as a very disappointed registered Republican) this came down to a party line vote where I can only conclude that the Republicans on this committee agreed that there should be a greater fine ($1000) for those who litter in this state than for unscrupulous businesses who fill the lungs of our citizens with dust, our ears with the noise of crushers and heavy equipment, and our eyes with 100’s of acres of scorched and un-reclaimed dirt ($300 fine). In the testimony given to the HEENC, we drew their attention specifically to this inequity—and to the lack of any state regulations (this state has arguably one of the best mining laws in the U.S.—yet they have decided that gravel mining is not mining and sand and gravel are not minerals—so the state laws do not apply to our issues), which means we have enforce things like noise control and reclamation with local zoning laws. We made it clear (as did the Sandoval County lobbyist) that the current $300 limit that the state places on fines for local zoning violators, makes local zoning ineffective and leaves only the courtroom as a very expensive way to protect our citizens, and that moves at glacial speed while the violations continue.

However, I want to point out the super job that Representative Smith did to try to guide this bill through (and in the time and coaching he gave us)—even though he was clearly flying in the face of his own party leadership. Also, we much appreciate the co-sponsorship of Senator Sapien—and only wish we could have found a way to get this into the Senate where I think we would have found a much more understanding climate for our dilemma and proposed solution. And we thank Bob Gorrell for his tireless efforts, and those of you who made the effort to go to the statehouse and show the priority we placed on this legislation, as did the many of you who took the time to write to the committee members.

We may be disappointed—but we are not beaten. We will increase our focus on the legal battle and hope to see the judge soon respond to our request for a hearing on our intervention request—and then act on the suit itself. ES-CA and LPT members are continuing to push the NM Environment Department with regard to their investigation of what is happening to the large levels of water and its contaminants after use in the mining operations, as well as pushing for mining area perimeter air quality/small particulate monitoring.

And we are preparing for battle when the BLM issues the Resource Management Plan (RMP) for the Buffalo Tract.

So we hope that all of you will continue to provide the various kinds of support we need to continue to protect the beauty and quality of life that brings us to this wonderful area.