Gutierrez criticized after changing her vote and reviving $85-million taxpayer subsidy for coal plant

Rep. Joni Gutierrez, D-Las Cruces, is in the hot seat after changing her vote and siding with Republicans on Friday to revive a proposed taxpayer subsidy for a coal plant in Northwestern New Mexico.

Gutierrez voted on Jan. 29 along with other Democrats on the House Energy and Natural Resources Committee to table a bill that would give an $85-million tax break to a huge coal plant that will be built on the Navajo Nation. Such action usually kills a proposal.

But on Friday, Gutierrez made a motion to revive the bill and voted along with Republicans to bring the proposal back to life. Following the 7-6 vote, House Bill 178, sponsored by Rep. Tom Taylor, R-Farmington and the minority leader, will be reconsidered by the committee as early as today.

The tax credit is controversial because the plant will send an estimated 10.5 million tons of carbon dioxide into the air each year. It’s going to be built by Sithe Global Power of Houston, in partnership with the Navajo Nation.

Gov. Bill Richardson has a goal of reducing such emissions throughout the state by 11 million tons each year and has said the plant concerns him, but declined to comment when I contacted his office Friday, except to say, through a spokesman, that he is focused on his own legislative agenda.

The plant could provide power to major cities in Arizona and Nevada. California won’t buy electricity from it because the plant’s design doesn’t meet the state’s emission standards, according to the Santa Fe New Mexican. The project has been controversial among Navajos and other residents of the area.

Gutierrez has not responded to my phone and e-mail requests for comment on what changed her mind.

But her shift prompted the Conservation Voters of New Mexico to call me and later send out a news release complaining about Gutierrez’s switch.

“This would completely offset the governor’s climate agenda,” Conservation Voters Political Director Leanne Leith told me.

She said the group had heard rumors that Gutierrez might change her vote, but the move still came as a surprise.

In the news release, the group’s executive director, Sandy Buffett, said Gutierrez’s vote “single-handedly resuscitated a stalled subsidy for dirty coal. The State of New Mexico should not be subsidizing an out-of-state corporation to build a dirty coal plant using old, polluting technology. If taxpayer money is going to be used for energy projects, we should be investing in the best available clean and renewable energy technologies.”

“Sadly, it seems that Representative Gutierrez may have mistakenly concluded that her constituents in her district would not be concerned with this issue,” Buffett said. “But I believe that all New Mexicans want economic development that will create clean, high-wage jobs while protecting our air, land, water and precious taxpayer resources.”

Before Friday’s vote, Gutierrez had a perfect rating from Conservation Voters, based on her votes in the past two sessions.

“It pains me to know that Representative Gutierrez’s conservation scorecard took a big hit today but, then again, so did New Mexico’s environment,” Buffett said.