Debate stalls natural-resources bill

SANTA FE, N.M. (AP) - Opponents are lining up against a bill that would allow the state natural resources trustee to pursue damages from polluters who have compromised groundwater or other natural resources.

From ranchers to rural electric cooperatives and the oil and gas industry, critics said the legislation's language goes too far and would essentially transfer power from the Legislature to the trustee, an unelected position without public oversight.

They also complain that numerous existing state and federal laws already protect air quality, water, wildlife and other natural resources.

"This is just another level of regulation in the state of New Mexico, which is already a difficult place to do business," said Sonia Phillips, a lobbyist who represents Xcel Energy.

Dozens of people gathered in the House chamber Monday as a legislative committee considered the bill. The committee was forced to recess after more than two hours, promising to continue the debate Wednesday.

Rep. Brian Egoff, D-Santa Fe, the bill's sponsor, said the measure does not create any new regulations but would ensure New Mexico taxpayers aren't left paying for businesses that fail to take responsibility for damaging natural resources.

"What we're trying to do here is just make it clear that if somebody puts a bunch of horrible stuff in an aquifer we can get the money that we need to put the aquifer back the way it was," Egoff said.

The majority of companies operating in New Mexico would not be affected by the legislation because they follow the law, Egoff said. Only a small number are irresponsible but their actions pose a significant threat to the state's natural resources, he said.

Current law is ambiguous when it comes to spelling out what claims the natural resources trustee can make to get polluters to pay for damages. The bill makes clear what kind of lawsuits the trustee can file to recover funds that can be used for restoration projects, Egoff said.

Rep. Donald Bratton, R-Hobbs, said no one opposes protecting New Mexico's water supplies or the environment, but the bill's language is too broad and opens the door for the natural resources trustee to stomp on private property rights and go after residents for exhaling carbon dioxide or spraying their yard for bugs.

"It covers everything, whether it's the air we breathe, the ground we walk on or the water we consume or the vegetation we enjoy," he said.

Bratton acknowledged the bill's aim is not to spur a flood of lawsuits by the trustee. However, he said, "It's the unintended consequences I'm concerned about."

Egoff said the bill is still evolving and language can be changed to protect private property and better define what pollutants would allow the trustee to make a claim.

Environment Secretary Ron Curry, who is serving as the interim natural resources trustee, was joined by about a dozen people who testified on behalf of the bill.

"It's something that will benefit all New Mexicans," Curry said. "It's an effort to make whole what has been damaged or destroyed by the people who have been using it."