Legislators unveil bill to shift PRC authority to governor’s administration

Democratic lawmakers on Tuesday unveiled legislation that would dramatically alter the structure of the state’s Public Regulation Commission, shifting nearly every division currently under its authority to a department within the governor’s administration. Although the PRC is a state commission, it is an entity not under the control of the state’s governor. Legislation proposed by […]

Legislators unveil bill to shift PRC authority to governor’s administration

Democratic lawmakers on Tuesday unveiled legislation that would dramatically alter the structure of the state’s Public Regulation Commission, shifting nearly every division currently under its authority to a department within the governor’s administration.

Although the PRC is a state commission, it is an entity not under the control of the state’s governor. Legislation proposed by state Reps. Linda Trujillo, D-Santa Fe, and Nathan Small, D-Las Cruces, would change that, and comes amid frustration from Gov. Michelle Lujan Grisham and some lawmakers over disagreement with the PRC on whether the Energy Transition Act applies to plans from the state’s largest utility to abandon and recover investments into a coal-fired power plant near Farmington.

The energy act, signed into law by the governor in 2019, would allow Public Service Company of New Mexico to recover investment costs sunk into the San Juan Generating Station and requires the state to shift to zero-carbon electricity production by 2045. Whether the ETA applies to the coal plant closure has been the subject of heated debate because the company began proceedings to abandon the plant before the energy act was signed into law.

The New Mexico Supreme Court will hear oral arguments on whether the ETA applies to the San Juan abandonment on Wednesday at the request of the governor and lawmakers.

Trujillo and Small say the legislation is not in response to frustration with the PRC related to the clean energy law. They argue that the proposal is meant to address a long-standing problem at the commission of finding and retaining qualified staff.

“We’re falling behind because of structural challenges, and I think that’s the biggest core,” Small said.

But Nora Meyers Sackett, a spokeswoman for Lujan Grisham, said frustration is a part of the legislation’s impetus. Overhauling the PRC is on the governor’s list of 2020 legislative priorities, and the Governor’s Office has not shied away from expressing exasperation with the commission over disagreement on the energy transition law in recent months.

“That’s one item in a list of longstanding concerns expressed about the PRC over the years by folks from both sides of the aisle that this legislation is intended to rectify,” Sackett said in an email. She added the measure is intended to “ensure an objective process” within the PRC and to staff the commission with “professionalized leadership” that sticks around.

“As mentioned in announcing this year’s call, we want an agency fully staffed with technical experts that produces timely docket processes and decisions, consistent regulatory outcomes grounded in the law, and fewer ethics complaints and allegations of misconduct,” she continued.

The legislation, House Bill 11, would shift the consumer relations, transportation, utility and legal divisions from the PRC to the New Mexico Regulation and Licensing Department. It also would make the PRC chief of staff an initial three-year appointed term by the governor and then a six-year term from then on.

The only divisions that would be left under the direct authority of the PRC would be commissioners themselves — which remain elected positions under the state Constitution — plus commissioners’ secretaries, hearing examiners and the general counsel, said Jason Montoya, chief of staff at the PRC. But because those positions report to the chief of staff and that position would be appointed by the governor under the legislation, even the jobs remaining within the commission would still be under the governor’s authority, he said.

Meanwhile, voters will face  a ballot question in the November general election on whether to make PRC commissioners appointed by the governor rather than elected officials.

Montoya said commissioners may decide to call an emergency meeting to discuss the legislation.

“One of my concerns … is the governor having the authority to appoint the PRC chief of staff,” Montoya said. “You have five elected officials that currently appoint and hire the chief of staff. This legislation removes that authority, and the governor appoints that chief of staff. So I have a little bit of a concern that they’re even going to be able to work together.”

Commissioner Cynthia Hall said she that while the changes proposed go much further than she had expected, she is in strong support.

She said the bill is “similar to the pattern I’m seeing in some states where the PRC is pared down to a more strictly judicial function.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Both Republicans and Democrats skeptical of guv’s proposals for special session

Both Republicans and Democrats skeptical of guv’s proposals for special session

A representative from Gov. Michelle Lujan Grisham’s office outlined on Thursday the bills the governor’s office will back during the upcoming special session, but…
Senators throw support to embattled Ivey-Soto

Senators throw support to embattled Ivey-Soto

By Justin Horwath, New Mexico In Dept Sen. Daniel Ivey-Soto is running for a fourth term despite the state Democratic Party’s decision to censure…
AG announces legislative priorities for upcoming special session

AG announces legislative priorities for upcoming special session

Attorney General Raúl Torrez announced on Thursday his legislative priorities for July’s special legislative session, including the creation of a crime victim’s unit to…
SCOTUS rejects proposed resolution to Rio Grande water dispute

SCOTUS rejects proposed resolution to Rio Grande water dispute

In a 5-4 decision, the U.S. Supreme Court rejected a proposed settlement that would have ended the more-than decade-long dispute between Texas and New…
FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

The U.S. Fish and Wildlife Service found that two fish species found in New Mexico do not meet the criteria for listing them as…
Want to know what Albuquerque’s climate might be like in 2080? Head to Roswell

Want to know what Albuquerque’s climate might be like in 2080? Head to Roswell

Thanks to climate change, the Albuquerque of the future may feel a bit more like present-day Roswell. That’s according to a new web app…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Some mental health issues on the rise in New Mexico

Some mental health issues on the rise in New Mexico

A recent report by KFF, a foundation that provides health policy analysis, found mental health issues on the rise and disparities in mental health…
Heinrich questions FDA leadership on baby formula safety, mifepristone

Heinrich questions FDA leadership on baby formula safety, mifepristone

U.S. Food and Drug Administration Commissioner Dr. Robert Califf answered questions about the safety of human milk formula and mifepristone on Wednesday. Sen. Martin…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Abortion medication access remains after Supreme Court ruling

Abortion medication access remains after Supreme Court ruling

The U.S. Supreme Court ruled against the Texas-based Christian group trying to restrict access to abortion medication on Thursday. The case, FDA v. the…
How abortion care has changed since Dobbs 

How abortion care has changed since Dobbs 

In the month of March 2024 alone, 1,650 clinician-provided abortions took place in New Mexico, according to the reproductive research organization, the Guttmacher Institute.…
Many Democrats endorsed by reproductive rights group won primaries

Many Democrats endorsed by reproductive rights group won primaries

With nearly 53 percent of the precincts reporting as of 11 p.m. Tuesday, most of the legislative candidates endorsed by Planned Parenthood Votes New…
Some mental health issues on the rise in New Mexico

Some mental health issues on the rise in New Mexico

A recent report by KFF, a foundation that provides health policy analysis, found mental health issues on the rise and disparities in mental health…
New Mexico food banks say food insecurity is on the rise

New Mexico food banks say food insecurity is on the rise

Food insecurity is on the rise as state benefits have decreased and the future of federal benefits have an uncertain future.  Sonya Warwick, director…
Abortion medication access remains after Supreme Court ruling

Abortion medication access remains after Supreme Court ruling

The U.S. Supreme Court ruled against the Texas-based Christian group trying to restrict access to abortion medication on Thursday. The case, FDA v. the…
Republican Herrell signs onto what critics call anti-transgender message

Republican Herrell signs onto what critics call anti-transgender message

Republican candidate Yvette Herrell, who is running against Democrat Rep. Gabe Vasquez for New Mexico’s 2nd Congressional District seat, committed herself to a message…
Post-primary, Biden leads Trump in NM

Post-primary, Biden leads Trump in NM

President Joe Biden leads former president Donald Trump in the race for New Mexico’s five electoral seats, according to a poll commissioned by NM…
Democrats announce spending on CD2 race

Democrats announce spending on CD2 race

The Democratic National Committee announced on Monday that it will spend $70,000 for organizing staff to aid U.S. Rep. Gabe Vasquez, the Democrat trying…
Some mental health issues on the rise in New Mexico

Some mental health issues on the rise in New Mexico

A recent report by KFF, a foundation that provides health policy analysis, found mental health issues on the rise and disparities in mental health…
SCOTUS rejects proposed resolution to Rio Grande water dispute

SCOTUS rejects proposed resolution to Rio Grande water dispute

In a 5-4 decision, the U.S. Supreme Court rejected a proposed settlement that would have ended the more-than decade-long dispute between Texas and New…
FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

The U.S. Fish and Wildlife Service found that two fish species found in New Mexico do not meet the criteria for listing them as…

GET INVOLVED

© 2023 New Mexico Political Report