New Mexico has one of the best energy conservation codes in the country. This code sets standards for all new buildings that save New Mexicans money, increase our comfort levels, reduce our demand for energy, and eliminate some of the pollution caused by energy production.
Less money, more comfort. Less dependence on finite resources, more clean air. Seems like a win-win situation to us! But that hasn’t stopped the Martinez administration and its big industry drones from attacking the energy code – the fourth attack the code has faced since it was passed one year ago!
The first attack came last summer as the Construction Industries Commission was first considering adoption of the code. Opponents enacted delay tactics, thinking they could keep the code from being officially adopted until the elections were over and the big oil and gas interests took control.
Unfortunately, they were correct about the outcome of the election. However, they weren’t right to assume that New Mexicans would let them continue to delay the codes until the new administration took office. Result: New Mexicans won with the final adoption of the 2009 New Mexican Energy Conservation Code by the Construction Industries Commission.
The second attack came immediately after the elections, when big oil and gas exerted pressure on state staff members to delay the submission of the newly adopted code to the state archives for publication. Once again, the big oil and gas interests underestimated New Mexicans. Result: Advocates pushed hard for the submittal of the codes for publication and there were officially submitted on December 28.
The third attack came on day one of the Martinez Administration with Executive Order 2011-001, which attempted to halt the publication of not only the energy conservation code, but a long list of other environmental protections. The administration thought that New Mexicans would simply accept this illegal blocking of publication of safeguards that had been legally adopted through proper public processes.
Result: Sierra Club was forced to sue the administration to protect the rights of New Mexicans. After losing two similar lawsuits that resulted from this illegal order, the Martinez Administration settled with Sierra Club and agreed to publish the code. The code was finally published in the State Register on Valentine’s Day.
Another attack in progress
The fourth attack is in progress now. Members of the governor’s Small Business-Friendly Task Force (which is made up of big business representatives that are decidedly anti-small business) met a few times to discuss all the regulations that were the target of the ill-fated executive order discussed above. The resulting report to the governor outlines a plethora of environmental and labor safeguards that are “troublesome” to big business and outlines strategies to overturn them.
The general focus of the report is that New Mexico should reduce its existing protections for the environment and citizens to the least possible level to provide incentives for more big business – specifically big oil and gas. No concern for small businesses, New Mexico citizens or our environment.
Interestingly enough, two of the members of the governor’s task force were then appointed to the Construction Industries Commission. (She fired all the old members who weren’t on the task force and replaced them with her own picks). Regulation and Licensing Department Superintendent J. Dee Dennis was also on the governor’s task force. Mr. Dennis spearheaded the use of state staff time and resources to develop a proposal to roll back the code. Staff was told to develop this proposal in secret. How’s that for transparency in government?
At the first meeting of the new CIC, staff presented this secretly-developed proposal and one of the task force members/new CIC commissioners made the motion to accept the proposal. There was almost no discussion from the other newly appointed commissioners before the rollback proposal was accepted for public comment.
Pretty sad, given that they had heard from nearly 1,000 New Mexicans before the meeting who sent them e-mails asking them to ensure the quick and thorough implementation of the 2009 New Mexican Energy Conservation Code.
A secret process versus a two-year, public process
It’s important to compare the secret process that RLD and CID used to develop this rollback proposal with the process that resulted in the current NMECC. The current code was the result of a 2-year process that was open to the public and provided anyone who wanted input into code content to propose measures and be a part of the development process. The code change committee met weekly for over a year.
Hundreds of code proposals were considered to create a code that is specific to the unique needs in New Mexico, including our varied geographical and temperature features, earthen buildings, passive solar designs and features such as Kiva fireplaces. Each code proposal was analyzed for technical feasibility, energy use impact and economic impact. Each code proposal was reviewed and approved by a separate Technical Advisory Committee for technical feasibility and applicability to New Mexico.
The resulting code proposal that was sent to CIC for approval was shown to be financially advantageous for building and home owners.
In contrast, the rollback proposal currently under consideration has no financial analysis, no energy use analysis, and no New Mexico-specific provisions. The public had no input. Industry experts had no input. This rollback proposal, tailor-made to satisfy the governor’s task-force recommendations, is a study in secrecy and big-industry manipulation of government.
The public hearings on this proposal rollback are scheduled for June 2 in four cities. Will these new commissioners listen to New Mexicans and support the existing code that saves money and reduced pollution? Or, are they simply Martinez yes-people who will vote as they are told? Only time will tell.
Here’s hoping that at least some of the commissioners take their responsibilities on the CIC seriously and listen to the preponderance of evidence that proves the energy conservation code is technically feasible, economically beneficial and environmentally helpful to all New Mexicans.
Tammy Fiebelkorn is the New Mexico representative for Southwest Energy Efficiency Project (SWEEP). Shrayas Jatkar is the associate organizing representative with the Sierra Club’s New Mexico field office.