New Mexico State Senator Dede Feldman's Blog

Last year’s Fire Season May Only be a Warm-Up for this Summer, says Valles Caldera Chief Scientist

Bob Parmenter, Chief Scientist for the Valles Caldera Preserve in the Jemez, where the largest fire in the state’s history burned over 30,000 acres last June, says that we may just be in “half time” before another devastating fire season.

New research shows that we’re in a two-year drought cycle, he says, and La Nina is now setting us up perfectly for more major fires.

 

I hope we can use this “halftime” to give us another tool to fight fires: the ability for the Governor and local governments to ban and restrict the sale and use of fireworks in times of extreme fire danger. If you agree, sign the petition at http://www.change.org/petitions/new-mexico-legislators-ban-the-sale-and-use-of-fireworks-in-times-of-drought.

Happy Thanksgiving: Update

Let Them Eat…. Pizza and Fries—Really?      Just when you thought Congress had hit rock bottom, came news last week that US School Lunch guidelines willcontinue to feature French fries and pizza (with the tomato paste counting as a vegetable). Congress caved to the frozen pizza and French fries lobbyists—a weighty force in DC. Click here for details.  The news came as I attended a national legislative conference held last week in the Duke City about the epidemic of obesity among school children and the coming diabetes epidemic that the Institute for Medicine now says will hit 2 out of 10 Americans by 2030.       Here in New Mexico we’re already on the front lines, with 33% of our children obese or overweight.  Among Albuquerque public school students, the rate is 34%, or 22,000 children in grades K through 8. Here are two maps of Senate District 13 showing that 19-25% of local 8th graders are extremely obese, and that 35% or more 5th graders are overweight and obese.           Obesity is currently costing New Mexico $329 million in medical costs each year, but the good news is that the National Conference of State Legislators brought their conference here, because we are beginning something about it.  Schools like Griegos Elementary are holding fun runs, and trying to integrate more physical activity into each day, despite the lack of funding for PE. Students and teachers are planting community gardens at Alvarado and Kirtland elementary schools and students in the Valley cluster enjoy fresh fruit and vegetable snacks from New Mexico several times a week, thanks to a pilot program I started a few years ago.  But there’s much more to be done.   Republican Party Seeks to Overturn State’s Campaign Contribution Limits—Groups Fight Back      New Mexico’s hard-fought measure to limit campaign contributions and the influence of big money on politics, which I co-sponsored in 2009, is the target of a lawsuit brought by the Republican Party, the oil and gas industry and Sen. Rod Adair.  The lawsuit is part of a nationwide effort spearheaded by Indiana lawyer James Bobb in advance of next fall’s elections.  The suit is aimed at the contribution limit of $5,000 to parties and political action committees—both the source of big money in campaigns.  Bobb was the lawyer in Citizens United, which determined that individuals and corporations could make unlimited contributions to support or oppose candidates as long as they don’t contribute directly to them.        Sen. Adair was the lone vote against the 2009 bill in the Senate, which brought reform to one of the last states to allow unlimited contributions.  I read the brief and was amazed at its audacity.   It repeatedly states that the reason for the suit is because the Republican Party, Adair, Harvey Yates (head of the oil and gas association) “are ready, willing and able” and want to make and accept contributions greater than $5,000 RIGHT NOW.        So much for one person, one vote.      Meanwhile, there’s action on a national level to halt the systematic effort to dismantle campaign finance reform and prevent big donors from crowding out the rights of ordinary folks who cannot make huge contributions.      Citizens are beginning to fight back against the 2010 Supreme Court ruling in Citizens’ United which removes controls on special interest spending and gives corporations the same rights as individuals. A recent public opinion survey by Hart Research found that 57% were dissatisfied with our political system, and 79% favor a constitutional amendment that would overturn the ruling and make clear that corporations are not people, and Congress has the authority to limit corporate spending on elections.      Amending the US Constitution is a long process but it has been done many times.  Sens. Tom Udall, Dick Durbin, Jeff Merkley, Chuck Schumer and Sheldon Whitehouse are starting the process by collecting petition signatures.    Sign here to allow Congress to regulate the big money.  Another organization in town recently is pushing for a broader amendment to ensure corporations are not considered people. For more information go towww.freespeechforpeople.org.   The Health and Human Services Interim Committee, which I chair, has heard a season’s worth of testimony about the alarming increase in drug overdoses, (New Mexico is now number one) prescription drug and teenage heroin addiction, Native American suicides, and more.  We’ve heard about health insurance rates, “medical homes,” and other ways to bend the rising curve of health care costs. We have followed the new administration’s approach to health care reform (an Office of Health Care Reform has now been set up and New Mexico is applying for a $34 million grant to set up a health care exchange).  We continue to wait for even a barebones plan to “modernize” the Medicaid program, as promised by the Human Services Department in June.      The final meeting of the committee will be held Nov. 30-Dec. 1. Still hanging in the balance is how to structure a Health Care Exchange, a marketplace for health insurance policies that is a major component of health care reform.  The Governor vetoed my exchange bill in March. Stay tuned for action on this item during the upcoming session.   Neighborhood News: Local Heroes       I continue to be so proud of Griegos Elementary.  They are the only school in New Mexico to receive the US Dept. of Education’s Blue Ribbon Award for the 2011 school year.  It’s a tribute to several years of hard work by the students, teachers, family and staff.  Principal Tom Graham deserves extra credit, too.      I am likewise proud of the Alvarado Neighborhood’s Joining Hands project, now on display in the new education building at the Rio Grande Nature Center where Candelaria dead ends into the river.  Kathy Chilton and Lauri Dickenson know how to make beautiful lemonade out of lemons.  The lemons here were the contentious feelings about the state construction project—and the lemonade consists of the beautiful montage of hands attached to neighbors of all sizes and stripes.  No two are alike!  The exhibit will be on view until Dec. 18, Saturdays and Sundays 2-4 p.m. Free!  Visit this web page for more info.

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.

 

Tobacco Troubles May Have Big Impact

 

               

One of the bright spots for health care and research programs targeted to tobacco-related illnesses in New Mexico has been the Tobacco Settlement.  Under the national settlement, reached in 1998, tobacco companies pay into a state account set up to offset the expenses we face as a result of tobacco usage. The payments are commensurate with tobacco sales in the state. We’ve gotten over $489 million from the participating manufacturers since 1999, and have used it to fund cancer research at UNM and Lovelace, cessation and prevention programs for kids statewide.  As a result, the rate of teen smoking is down.   Now the fund is in serious jeopardy as a result of Gov. Martinez’s veto of SB 397.  The Attorney General says that not only could we could loose tens of million in future payments, but also we could be required to pay back $160 million in past payments.   Whoa!  Talk about unintended consequences.      The reasons for this problem are complex and have to do with an escrow account into which the non-participating manufacturers pay their share and the state’s efforts to diligently enforce New Mexico’s law. Sales of tobacco products on tribal lands have complicated the issue, and an inadvertent clause in the 2010 cigarette tax law triggered the problem.      SB 397 (passed overwhelmingly in both chambers) was the correction to this problem.  Since it was vetoed, the tobacco companies have signaled their intention to sue the state and get back funds from past years.      Read more about the problem (if your eyes have not already glazed over) here. It is an article by Attorney General Gary King.       An entirely new wrinkle to these tobacco troubles appeared this week.  The AP reported that the Cabinet Secretary Designate for Indian Affairs, Arthur Allison, owns a smoke shop on the Navajo reservation, which has been selling contraband cigarettes, even after warned not to do so.  This may further jeopardize funds coming to the state from the settlement.

 

 

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. 

 

Veto Reactions April 10, 2011

    Bloggers Note:  Here's Health Action New Mexico's Reaction to Friday's  veto of SB 38 &370, which I co-sponsored with Sen. George Munoz :   

GOVERNOR MARTINEZ VETOES NEW MEXICO INSURANCE EXCHANGE ACT

Delay to Implement May Cost New Mexico Millions of Dollars in Federal Exchange Establishment Funds

 

Today Governor Martinez announced her veto of SB 38/370, the New Mexico Health Insurance Exchange Act passed in the recent legislative session with bipartisan support.

State health insurance exchanges are a key component of the federal health reform legislation passed in 2010.

 

State exchanges are consumer-friendly, web based marketplaces that provide health insurance in a combined risk pool for small businesses, sole proprietors, and persons buying insurance in the individual market.  Also included would be persons currently uninsured due to affordability or pre-existing conditions. Federal subsidies for insurance premiums will only be available to those purchasing health insurance on the exchange. The state exchanges will begin functioning in January, 2014.  The federal government will set up the exchanges in states that do not have their exchange ready by January, 2013 including an IT system that can coordinate with Medicaid and other related services.

 

 

The vetoed SB 38/370  NM Insurance Exchange Act was a merged amended bill representing hours of compromise between various stakeholders weighing in on the best solutions to set up an exchange in New Mexico.  The bill built upon the expertise in New Mexico of setting up two state high risk pools and the NM Health Alliance for more affordable health care for small business.  It incorporated the recommendations of the SMJ1 Health Reform Task Force set up by the NM legislature in the 2010 session and the Executive Health Reform Task Force set up by the Governor in April of 2010.  Stakeholder groups of insurers, providers, small business , consumers and advocates weighed in on those recommendations over 8 months for both task forces.

 

“As a consumer organization committed to health care coverage for all New Mexicans, we are very disappointed not to see this legislation signed, ”  said Barbara Webber, Executive Director of Health Action New Mexico.  “A state exchange is especially important for New Mexico which has the 2^nd highest rate of uninsured persons in the country.  One out of four New Mexicans is currently uninsured and most of them hold jobs.  New Mexico is also a small business state for whom more affordable health coverage is very important” elaborates Webber.

 

State health exchanges will provide affordable health care to small businesses in New Mexico in three ways: 

• First, already in 2110, the new law starting providing tax credits to small businesses of up to 35% for health coverage provided to employees.  This tax credit for over 20,000 small businesses will increase once the state exchanges are started in 2014.
• Secondly, the exchange will put employees of small businesses as well as people who buy on the individual market in a combined risk pool so they will have the discount advantages of large group plans. 
• Thirdly, it will provide subsidies to employees getting their insurance through the exchanges who are 400% below the poverty level.

This leveling of the playing field for small business means they can recruit and retain employees who otherwise sign on with large employers to have access to health insurance.

 

“We are glad that Governor Martinez supports an exchange framework as noted in her veto letter.  However, we are concerned that by vetoing the exchange bill at the juncture, Establishment Federal funds will now be delayed for New Mexico at a cost of millions of dollars.  Furthermore, the milestones to maximize benefits for setting up an exchange in New Mexico might not occur in a timely manner” said Webber.  This would mean that the federal government would set up the exchange for New Mexico.

“We hope that Governor Martinez will work collaboratively with all stakeholders in the complex task of creating the state exchange.  Health Action New Mexico and consumers look forward to being part of the process.”  

Sen. Feldman's  reaction:  It may be time to work with our Congressional delegation to have the US Health and Human Service Agency in Washington set up an exchange for us. That's the position we're in now. Under the new law, failure to have an exchange standing up by 2013, will mean loss of federal planning dollars and a default to a federal exchange.  Who knows maybe the costs would be lower and choices better using a federal pool.  It's all up in the air, in light of the veto.  

Let me know how you feel-- a state or federal health insurance exchange???