Some of the most critical initiatives, outside of the state's budget deficit, were environmental measures that would have had a tremendous impact on gas and electric utility companies.  This type of legislation was supported by various environmental groups that testified about current state and federal law not doing enough to address their concerns.  The bills, if passed, would have significantly increased costs of power production and potential litigation because of more stringent regulation.

HB 78 (Madalena) Greenhouse Gas Emissions Rules.  Sent by Executive Message, this bill was on the Governor's special agenda. If passed, it would have had a significant impact on the lawsuit currently pending in the New Mexico Supreme Court on a related subject (See the NEE Petition on the cover).  This bill required the Environmental Improvement Board (EIB) to adopt rules to prepare industry for climate change policies that reduce greenhouse gas emission in New Mexico.  It provided for early reduction and offset allowances and mandatory reporting requirements for entities that produce or whose use may cause the emission of ten thousand metric tons or more of carbon dioxide equivalent.  This bill was of wide spread interest and there were private citizens as well as industry lobbyists opposed to this bill.  This bill was tabled in its first committee, House Energy and Natural Resources.

HB 27 (Egolf) Recovery of Damages to Natural Resources amends the Natural Resources Trustee Act to authorize the Office of the Natural Resources Trustee to pursue claims for restoration of natural resources under state law.  Currently, authority to pursue recovery is governed by federal law.  The bill was designed to restore damaged resources at the expense of responsible parties and not taxpayers and provided a much more aggressive means of resolving these issues.  It was so loosely worded that it could be interpreted to affect individuals who chose to use lawn chemicals or pesticides.  And, to that end, there were many private citizens that showed up to committee hearings to oppose this legislation.  This bill was tabled in its first committee, House Energy and Natural Resources.

HB 259 (B. Lujan) Private Action to Enforce Environmental Statutes.  HB 259 would amend the Oil and Gas Act, the Environmental Improvement Act and the Water Quality Act to provide for a private right of action ("citizen suit") to enforce those Acts. The private right of action extends not only to enforcement against the individuals and companies subject to those Acts, but also to enforcement against the state of New Mexico and the relevant agencies, divisions, boards and commissions that administer those Acts.  This bill failed on a House floor vote 34 - 32 with four members not voting.