New Mexico State Senator Dede Feldman's Blog

A View from Just Outside the Roundhouse: Conservancy District Elections

Here's my periodic newsletter that, this month, features the election for Middle Rio Grande Conservancy Board.

Conservancy Elections are Upon Us

It doesn’t seem like election season but it is—for those of us in the valley area of Albuquerque, which is served by the Middle Rio Grande Conservancy District (MRGCD). Election Day is Oct. 3. Stephanie Russo Baca is running for the at-large position being vacated by Barbara Baca (no relation), who was elected to the County Commission. Stephanie needs our support to prevent backsliding into the old, unresponsive-style Conservancy District.  John Kelly is also running for the Bernalillo Co. slot, but (mercifully)  he has no opposition. As long as he votes for himself, he’s in!  Not so for Stephanie.  She faces opposition from Jerome Cordova, who is a farmer and owner of a security company from Valencia County.

Stephanie has a small farm and is now a board member from Valencia County, where she, her husband and five children raise livestock (she told me her pig was giving birth to piglets sometime this week!) and alfalfa.  She is well aware of the issues facing Bernalillo County, whose taxpayers supply 2/3 of the revenue for the multi-county irrigation district even though they mostly don’t irrigate. Check out her responses about the bosque and recreational uses of ditches in our areas in this article from the Downtown News

https://us3.campaign-archive.com/?u=306fc3b21030d6f0128cc4af9&id=2eb90e6612

and you’ll see why she’s the best candidate.   And did I mention that Stephanie is Wonder Woman?  Yes, not only is this young woman a farmer and mother of five, but she’s a water lawyer who serves as an ombudsman at UNM’s Utton Center where she explains water rights to citizens unexpectedly getting a letter from the State Engineer or a realtor.

Important Election Details

In a throwback to the 1700s, only property owners within the district (roughly the north and south valley and downtown) can vote in this election. (Don’t get me started about this set-up, which needs to change). Election Day is Tuesday Oct. 3, with polling locations in the North Valley at the Los Ranchos Villa at 4^th and Osuna, Valley High School and the Raymond G. Sanchez Community Center. Early voting is underway now at the Los Ranchos Villa. 

Here's a link to a complete list of polling places (with street addresses) for both early and election-day voting: https://www.mrgcd.com/wp-content/uploads/2023/08/2023-MRGCD-Site-List-1.pdf

Can’t make it to the polls? Click here Absentee Ballot Application to download and print your application or pick up an application at the MRGCD General Office, 1931 2^nd ST. SW.   Fill out the application showing the county in which you are casting your vote (Bernalillo) and return to the MRGCD Office by Oct. 3 at 7 p.m.  Absentee ballots may not be returned to early voting locations or the county clerk!

…and City, School Board Elections are Coming Right Up in November

 Joaquin Baca is my choice for City Council District 2—and I’ll have a lot more to say about this great candidate in a newsletter closer to the Nov. 7 election. Meanwhile check him out at https://www.joaquinforabq.com/get-involved . I also urge you to educate yourself about school board elections, which some say are the most important ones in decades, given the involvement of a national, right-wing group, Moms for Liberty.  https://abqjournal-nm.newsmemory.com/?publink=0eb7d1c7e_134ad29

State Fireworks Law Needs Flexibility, Common Sense

 Blogger's Note: Here's an article that I wrote with Sen. Sander Rue (R- District 23) about the fireworks bill we introduced in the Senate last week.  A version of it appeared in the Albuquerque Journal yesterday.

Few states possess the natural beauty that we in New Mexico enjoy daily.  Unfortunately, this year has reminded us that sometimes our arid landscape comes with a cost.  Just ask New Mexicans in the communities of Silver City, Ruidoso, Raton, Hondo, Cloudcroft, and other areas around the state devastated by this year’s wildfires. 

And who could forget our neighbors in Los Alamos who weathered the largest wildfire in the state’s history when the Las Conchas Fire engulfed an acre of land per second at times and 2,575 firefighters struggled to contain a blaze that would go on to burn 156,590 acres.  In fact, since January, wildfires throughout the state have claimed over one million New Mexico acres, costing the state over $22 million. 

As the Fourth of July holiday neared, panicked New Mexicans grew increasingly frustrated over the governor and local government’s lack of authority to ban the sale and use of fireworks in areas threatened by the fires, even in the face of ongoing containment efforts.  While New Mexicans knew that fireworks had not been the source of the fires, they remembered the Albuquerque bosque fire of 2002, which was caused by fireworks, and recognized the danger of adding human causes to the mix. 

Frustration on the local levels was expressed by Taos Mayor Darren Cordova and Albuquerque Mayor R.J. Berry, who learned that although current law allows cities and counties to place certain restrictions on fireworks, they do not have the flexibility to address this activity in a situation that requires immediate action.  Instead, the governing bodies would have to vote and issue a proclamation 20 days in advance of any restriction.

This lack of a mechanism by which the state can quickly intervene in rare and necessary instances is why we support the governor’s efforts to address firework activity during a state of emergency.  We also support expanding the counties’ and municipalities’ ability to respond when circumstances warrant.  As the Ruidoso News noted, state law doesn’t allow for an outright ban, “even in times when common sense dictates it is the prudent thing to do.”

We respect the men and women who work in the fireworks industry.  We also acknowledge that New Mexico is, by design, a dry state prone to drought.  That is why we support using the National Fire Danger Rating System, rather than measuring fire hazard strictly by drought conditions, which occur more frequently.  The National Fire Danger Rating System is based on sound, scientific data and used by the state forestry division to accurately assess fire danger after taking into consideration an area’s fuel moisture content, weather, and a number of other factors.

Make no mistake; this legislation does not trigger an automatic ban on fireworks every time the rating system reaches a certain level.  Instead, it allows for a temporary ban only in situations when the governor has already declared a state of emergency and high fire danger conditions exist.  When the state of emergency passes; the ban is lifted. 

Neither does this bill take an all-or-nothing approach.  Any ban imposed would be targeted to the specific area suffering from fire susceptibility.  It would not blanket the state as a knee-jerk reaction to an isolated incident.  If Los Alamos is threatened, a ban would not extend to Farmington.  This is an important distinction and one that we feel strikes the responsible balance between giving our State the ability it needs to protect our citizens and respecting those who earn their paychecks from the fireworks industry.

It is unfortunate that previous attempts to enact similar, common-sense legislation have met resistance.  This time around, we hope that public support will motivate lawmakers to act.  As Taos volunteer fire chief, Jim Fambro noted: “It’s not going to be easy.  We are fighting some big bucks and often in Santa Fe, money talks.”  In light of how much devastation New Mexicans have suffered as a result of wildfires, we hope this isn’t the case. Call you legislator at 1-505-986-4300 to weigh in on this important matter.

 

Of Fires and Fireworks

Las Conchas Fire:  Sacred Landscapes Destroyed, Hearts Broken… but Life will Go On in the Forrest

            Last weekend I drove from Espanola to Jemez Springs along NM 4, through the heartland of the Jemez Mountains. I’ve had a personal attachment to that magnificent landscape, especially the Valles Caldera, ever since I came here in 1975. My husband and I have explored backcountry of Bandolier, the valles of the Caldera, and the trails winding through tent rocks, volcanic tuff, ponderosas and pinon forests.  Like other nearby urbanites, we’ve sent our offspring to summer camp in the Jemez, and have enjoyed a weekend place in Jemez Springs since 1992. 

            That is all history now. Smoke covers the Parajito ski area in Los Alamos, and there is an eerie silence among the blackened remains of Coyote Call trail, the floor of the Valle Grande, Bland and Alamo canyons.  The largest and hottest fire New Mexico has ever seen has burned over 233 square miles. Bandolier National Monument will be closed for a year. And the fire is not out, despite 2,400 pick-and-shovel  “hot shots” on the ground, high-tech air support and a military-style incident command formed to fight the battle.

            The land defines us here in New Mexico and we are greatly attached to it-- even if we don’t depend upon it for our livelihood.  We look to it to connect us to the natural order of things, a connection that was severed as I watched the initial smoke column billow over Cat Mesa near my cabin on June 26 (above) . Whipped by 40 mph winds, the fire grew faster in that first Sunday than in all the rest of the week.

            “This will be a great teaching opportunity for us,” the young biologist told me at the Valles Caldera Headquarters.  “We were planning some controlled burns in there anyway,” she said.  It was the kind of remark that drew me out of the selfish thought that never again during my lifetime will I see the uninterrupted green of the beautiful watersheds that make up the Jemez.

                      On Deck: Fireworks Ban to Prevent Future Disasters

     As the fire in the Jemez raged on, many of you contacted me to ask if we could allow the Governor to ban fireworks in times of drought.  She currently does not have that power. I recounted the history of my attempt to pass a bill to give the Gov. that power in the wake of the Bosque fire, which was caused by fireworks, here in the North Valley in 2003.  (To make a long story short, the bill was defeated after an award-winning performance by the lobbyist for the fireworks industry who indicated that a mom-and-pop business would be destroyed if a ban was enacted.  His tearful testimony was effective and in spite of the presence of uniformed firemen from around the state pleading for a ban, the bill was tabled.) Fast forward: I am now working the Governor’s office on this public safety issue and expect it to surface in one of the upcoming sessions.  Our bill will give cities and counties more flexibility to ban fireworks, too. 

 

2011 Session Opening, Feldman's Constituent Survey Results

    Emotions ran high on opening day of the 2011 legislature, with a new Governor delivering a state-of-the-state address that proposed continued cuts in state programs, rejection of any tax increases, a repeal of the death penalty ban, more DNA testing and a rollback of credits to the film industry.  It was hard not to see the address as a line drawn in the sand rather than a call for bipartisan cooperation with the Democratically controlled legislature.  But of course, elections do have consequences.    

     A record response to my constituent survey will help me make some hard choices at a time when the state’s revenue falls about $400 million short of what’s necessary to balance the state budget.  In the past few weeks, over 800 responses have come pouring in, over the Internet as well as through the mail. You can still respond, here.  

    Thanks again for your input.  It’s important to me! I’ll be chairing the Public Affairs Committee again where many of the health, pension and restructuring bills will be heard.  Contact me while I’m in Santa Fe at 1-505-986-4482, e-mail me at [email protected] or drop by my office in Room 300.  Information on bills, schedules and committees is available at www.nmlegis.gov. Senate floor sessions are now broadcast there as well.  I’ll be sending out periodic e-newsletters and encourage you to sign up if you're not on the list.

     Here's the news release that I sent out when a team of great volunteers finished compiling most of  the returns(no small task). 

     Constituents to Feldman: Don’t Cut Medicaid and Education Further; Close Tax Loopholes and Review Rates

             Sen. Dede Feldman (D-Bernalillo) today released the results of her annual constituent survey, which was sent in late December to 6,500 of her voting constituents.  Also, for the second time, the survey was sent via e-mail to an additional 1000 constituents.  Feldman represents District 13, which covers the North Valley of Albuquerque from Old Town to Los Ranchos, parts of the West Side and near-Heights.  

 

            As of Sunday Jan. 16^th,  462 constituents responded to the hard copy survey and 328 responded on line for a total of 790 responses.  Results are still coming in. 

            “This is not a scientific survey,” says Feldman, “ but it gives me a good idea of what people are thinking and it gives them a good picture of the hard choices that we are facing this session.”

            “This is the biggest response I’ve had in a long time.” she added

            Facing a budget shortfall for the third time in three years, constituents were asked whether to continue cutting programs or consider tax increases.  78% favored maintaining current benefits and eligibility for Medicaid and 56% did not want to cut education further.  However, 94% want to review tax incentives to see whether they are working to create jobs and economic activity, and 94% want to close tax  loopholes like the “combined reporting” provisions which allow out-of-state corporations to avoid full state taxes.

            Asked about specific cuts on the table at the upcoming session, 97% wanted to reduce the number of governor-appointed state employees, 73% wanted to eliminate funding for the spaceport and 74% wanted to close selected higher educational institutions and branch colleges.  On the other hand, constituents did not want to shorten the school year (82% said no), enlarge class sizes (72% said no) or raise tuition at colleges and universities (62% said no).  79.5% did not want to eliminate the Rail Runner.

                     On other tax matters, 88% said they wanted to increase taxes on smokeless tobacco products, 85% wanted to increase alcohol taxes, 77% wanted taxes on soda and soft drinks and 80% said they wanted to eliminate the 2003 income tax cuts for top earners. 53% favored a reduction in tax credits for the film industry. 

 

Among other results:

 •56.7% do not want the state to borrow against our permanent funds

 •52.4% favor repeal of drivers’ licenses for undocumented residents

•61% support a constitutional amendment that would abolish the PRC and replace

it with another entity that 43% say should be a combination of appointed and elected

•58% feel environmental regulations on oil, gas and mining are too lax

 

Regarding Education:

•77% believe that charter school offer a needed alternative to public school

•82% want them evaluated for effectiveness

•53% favor a moratorium on the construction of charters

•92% want to limit charter school principals’ salaries

•64% want to eliminate less popular academic programs at universities

•62% support continued increased contributions from teachers and staff for benefits

•49.9% want a temporary elimination of college athletics

•49% favor hiring freezes

 

Regarding Health Care

•90% favor taking advantage of grants through the federal health care bill

•84% a state-run health insurance exchange

•93% want a more stringent process for reviewing health insurance rate increases

•91% want strict enforcement of new federal insurance requirements on preexisting conditions and coverage limitations

•63% support a mandate that everyone carry health insurance

•52% support a Medicare-for-All approach

•83 % favor a program to allow donation of unused prescription drugs

 

       Let the Games Begin! Sen.Feldman signs in for the session, with Senate Chief Clerk (and Wonder Woman) Lenore Naranjo.      

 

 

 

 

 

 

Public Hearing on Conservancy Election Process Wednesday Sept. 22 6 p.m. at the Isleta Hard Rock Hotel

                Almost a dozen legislative measures have been introduced in the past few years to change the way that the Middle Rio Grande Conservancy Board runs its elections.  To attack the problem of low voter turnout  (about 12% of eligible voters vote) for this specialized local government, legislators have sought to change the date of the election so that it conformed with the regular election cycle, use mail in ballots, or turn the process over to the county clerks, just to name a few of the proposals.  Each time, the Conservancy District has beaten back the reform efforts, contending that as a special water district they can restrict the franchise to property owners only, and can set their own rules for balloting and campaign finance reporting, even if they do not conform to state statues. 

                  On Wednesday Sept. 22 at 6pm the public will get a chance to weigh in on the election process used by the MRGCD in the Bosque-Manzano Room of the Isleta Hard Rock Hotel and Casino, 11000 Broadway SE.  The hearing is sponsored by an elections task force set up through a 2010 Senate Memorial sponsored by Sen. Dede Feldman and virtually all of the Senators who represent the areas included in the district from Socorro to Santo Domingo Pueblo. The Task Force has been meeting throughout the summer to examine:

• Whether it might be desirable to combine the elections with the general or primary elections in order to increase participation

•Whether affected non-property owners in the valley area should be able to vote since they are affected by the districts flood control, irrigation, recreation and water use policies

•Whether campaign contributions and expenditures should be publicly reported with the Secretary of State as they are in other state and county races

•Whether the process for absentee and early voting should be changed

•Whether paper ballots should replace voting machines now used by the district but outlawed for state and local races

•Whether a mail-in ballot might be a good option

• Whether to introduce a registration process to reduce fraud

 

The Task Force is required to report back and recommend any changes to the Legislature and the MRGCD Board later this year.  For more information and preliminary recommendations made by the MRGCD go to www.mrgcd.com or call Sen. Feldman at 220-5958. 

 

Stewart Udall: He was a Friend of Mine

    The folksong  "He was a Friend of Mine" sung by several Udall children and their friends, was a great theme for the moving celebration of the life of Stewart Udall, former Secretary of the Interior, defender of Navajo uranium miners, and father of the current environmental movement.  The three hour memorial Sunday June 20 was held at the Paolo Solari Amphitheatre under the blazing solstice sun. Friends from all stages of Udall's life, including Bruce Babbitt, Native Americans, two US Senators, renown authors, professors and environmental activists spoke from the heart.  

    As for so many others in the audience, Stewart was a friend of mine-- and a mentor.

    Most recently, during the meetings of the Governor's Ethics and Campaign Finance Task Force several years ago, he keep my spirits up with his steadfast advocacy of public financing of elections and his warnings about the corrosive impact of money on the political system.  Earlier, when I met him in 1988, during his son's  (unsuccessful) run for Congress in the Albuquerque area, his broader view brought me, the be-leagured press secretary for candidate Tom Udall, down to earth.   Amidst a barrage of negative advertising vs.Tom from opponent Steve Schiff, Stewart quoted Mark Twain....   "It takes  only a minute for a lie to go around the world, but it takes an hour for the truth to get its boots on." 

    I will not summarize Stewart's celebration here  (he planned it-- down to a four minute limit for each speaker)  but here are a few quotes from the occasion. 

    Advice from Stewart: • Don't let indecision and regret take away your life-- move on

•As you age, compare who you wanted to be with who you are now

•Consider how you are viewed by your family and friends

    Herbert Brown, long time advocacy partner:  " He was where power, advocacy and literature intersect."  A mountain climber, he was always reaching for a handhold a little higher.   

    Blogger's note: his results:  The Clean Air and Water Acts, The Wilderness Act, a expanded National Park System, the Endangered Species Act, the National Trail System, the Land and Water Conservation Funds, and the Wild and Scenic Rivers Program.   

    Robert Stanton,former director of National Parks and  now Deputy Secretary of the Interior Department l:  "I still have the letter in which Secretary Udall, my Secretary, appointed me as the first African American park ranger in Teton National Park.  This was at a time in the early sixties when I could not be served lunch at restaurants in my home state, on account of my race."  

    Patti Limerick, University of Colo. Western Historian, who visited Udall in his later days, for walks around Santa Fe,  recalled how he he would say,  "Now we can pick up the pace," just as she thought he was finishing. 
 

    Friends of Stewart's recounted his  advice and a posed a question left in his wake:  

    " Never Neglect the Mystery"   and Will You take care of the earth? 

    From James McGrath:  Stewart's memory will green the earth-- more than once." 

Cement - Now it's 'What's for Dinner'

This information comes from Kyle Silfer - President, Greater Gardner Neighborhood Association.  If you'd like to support their efforts consider going to the December 9th meeting or donating to their fund (See Below.)
--- Dede Feldman

On September 15, the American Cement facility at Griegos and the railroad tracks got the green light from the city-county Air Quality Division to operate 24/7 and to more than quadruple emissions to 19 tons of total suspended particulates per year. For decades this facility has been a bad neighbor, constantly violating its existing permit with fugitive cement dust that ends up in the yards, houses and lungs of people who live, work and attend school nearby. At two public information hearings this summer, residents asked the Division to do the right thing and deny the permit, or at the very least to install fence-line monitoring to ensure that the permit conditions were being met. The Division did neither.

On November 2, the Greater Gardner Neighborhood Association and the North Valley Coalition filed a petition to appeal the permit before the Air Quality Control Board. The hearing is a legal procedure requiring legal representation. The law firm of Nancy L. Simmons, who successfully argued an environmental justice appeal before the NM Supreme Court, is willing to represent the community, but in order for this to happen, we need funds. Costs are likely to be in the range of $5000-$15000. We desperately need more donations for this appeal to move forward.

The legal fund has a web page that allows donations by credit card or via an existing Paypal account.
We will also gladly accept checks made out to
Greater Gardner Neighborhood Association and mailed to:

Greater Gardner Neighborhood Association
c/o Kyle Silfer,
4465 Jupiter St NW,
Albuquerque NM 87107

Here's the donation page link (which also has a comprehensive archive of American Cement media coverage):

http://macmountain.org/ggna/cement.php

The city's answer to the appeal concludes with a request to dismiss the appeal petition with prejudice. At the December 9 Air Quality Control Board meeting, the Board could decide that a hearing is not warranted.  This meeting will be held in the Council Chambers in the basement of City Hall at 5:30pm. Show your support for the appeal by attending the meeting!