Uranium Watch: New Mexico SB 487


UTAH Uranium Mills Uranium Mines Nuclear Power URANIUM MILLS Proposed Licensed Reclamation Historical URANIUM MINES Arizona Colorado New Mexico Wyoming Other States Abandoned RESOURCES Community Data and Info Government Industry Environmental Justice Site Index	February 20, 2008 Urge Governor Bill Richardson to Veto SB 487 New Mexico SB 487: Abandoned Uranium Mine Reclamation Fees (Ulibarri), passed in the current legislature, purports to clean up abandoned uranium mines. However, it invites new uranium mining and milling, imposes new costs and responsibilities for overestended regulatory agencies, and may limit the New Mexico's ability to recover cleanup costs of abandoned mines from responsible parties. Click the following link and enter info into drop-down menus for SB 487 (Sen. Ulibarri) Abandoned Uranium Mine Reclamation Fees: http://legis.state.nm.us/lcs/BillFinder.asp WHAT YOU CAN DO TO HELP 1) Write a letter to the Governor by March 5th. If you can authorize your's organizations endorsement, sign-on to our letter today! Or write your own, as an organization or an individual, you can use our talking points. The Governor has 20 days to review the work of this Legislative Session and to veto bills. The address is: Office of the Governor 490 Old Santa Fe Trail Room 400 Santa Fe, NM 87501 Or click here to email Governor Richardson now: http://www.governor.state.nm.us/emailchoice.php?mm=6 2) Call the Governor and tell him why we want him to VETO SB 487/a (sponsored by Senator Ulibarri of Cibola, Socorro, and Valencia Counties, District 30). See attached letter for talking points. Governor Richardson's office number is (505) 476-2200. Also you can call your legislator and urge them to address the Governor on this issue. The switchboard number is: (505) 986-4300. You can "Find Your Legislator" by clicking here: http://legis.state.nm.us/lcs/legislatorsearch.asp INFORMATION ON BILLS Click the following link and enter info into drop-down menus for documents: http://legis.state.nm.us/lcs/BillFinder.asp Here are the Bills we were following this session: HB 342 (Rep. Lundstrom): Uranium Legacy Clean-up Act SB 273 (Sen. Martinez) Uranium Legacy Clean-up Act SB 487 (Sen. Ulibarri) Abandoned Uranium Mine Reclamation Fees SB 350 (Sen. Pinto). Radiation Exposure Victims Benefits HJM 2 (Rep. Pena) Superfund for Uranium HB 22 (Rep. Lundstrom) Health Study SB 360 (Sen. Lovejoy) Navajo Kidney Health Study LETTER TO GOVERNOR RICHARDSON February 20th, 2008 The Honorable Bill Richardson Office of the Governor 490 Old Santa Fe Trail Room 400 Santa Fe, New Mexico 87501 Santa Fe, New Mexico Dear Governor Richardson, Thank you for your efforts and commitment to protect and preserve New Mexico’s communities and environment during the 2008 Legislative Session. We, the undersigned, respectfully request your swift veto of SB 487/a: Abandoned Uranium Mine Reclamation Fees (Ulibarri). This bill purports to clean up abandoned uranium mines, but instead invites new uranium mining and milling, imposes new costs on our already strapped regulatory agencies, and may limit the state’s ability to recover clean-up costs from responsible parties. As you may know, this bill faced strong, local opposition from the affected communities and was the subject of heated debate on the floors of both chambers. Above all, we believe this bill is premature and circumvents the need to complete a comprehensive analysis that can address the severity and scope of the abandoned uranium mine (AUM) problem. Sufficient time has not been invested to bring all parties involved together. We are willing to work with the sponsor and other stakeholders collectively and cooperatively on this problem, but we oppose enactment of this bill because all parties were not adequately represented or included in the bill’s drafting and its hearings in the Legislature. In fact, the sponsor’s principal “expert” testifying for the bill is an executive of a Canadian company that is proposing new mining in Cibola and McKinley counties, and who previously was an environmental official of a company that had a poor environmental compliance record at its mining and milling operations in the Church Rock area between 1968 and 1983. For the reasons outlined below, we strongly believe that it is in the best interest of all parties involved for you to VETO SB 487/a: • This bill is premature. We first need a thorough and complete analysis of the problem as envisioned in House Joint Memorial 2, sponsored by Representative Pena and passed by the Legislature earlier in the week. HJM2 requests an inventory of AUMs, including past owners and operators, and a study of the feasibility of a state “Superfund” for abandoned uranium sites. From this analysis, we will have a better estimate of the costs of site cleanup and groundwater restoration. Based on those estimates, we will be better informed to assess all options for a state clean-up fund, not the one option in SB487/a. As Pena stated in HJM2’s final committee, this is not necessarily policy to set up a atate “Superfund”, but to conduct the feasibility study of such a state program, that can be deemed whatever title, with appropriate functions when recommendations are made after completion of the comprehensive analysis. • The revenue from new mining is not a reliable source of funding, and may take longer to address the issue. Under the most optimistic scenarios advanced by the industry itself, new mining won’t start for at least another four years. The Mining and Minerals Division says that six years is the more likely time frame. Also, it is not guaranteed that the industry will yield the projected amounts of “yellowcake” at a profitable market value, as the price of Uranium per pound fluctuates on a daily basis. Engaging in a reasoned approach now and involving all stakeholders will enable the state to assess and identify alternative funding sources for cleanup, and may actually speed up the process of reclamation and restoration without waiting for tax revenues from new mining. • This bill inappropriately links the cleanup of old mining to the development of new mining and milling. If cleanup of abandoned mines is the focus, it doesn’t make sense to allow new mining to add to the irreversible contamination of our land and water, not taking into account the future costs of healthcare and reclamation due to increased pollution from new mining and processing. • While this bill appears to disqualify companies that owned and/or operated “existing mines” regulated under the New Mexico Mining Act from access to clean-up funds, it is unclear if the legislation limits New Mexico’s ability to sue responsible companies for reclamation fees or otherwise inhibits the state from taking enforcement actions against the original polluters. This flies in the face of the “polluter pays” principle. We thank you for your attention and commitment to the future health and safety of our communities, for the opportunity to express our concerns with you face to face, and for listening to the indigenous peoples of New Mexico. Eastern Navajo Diné Against Uranium Mining is a Navajo-led grassroots organization, based in Northwestern New Mexico in the checkerboard area. Although our primary concern is to protect the water sources, hence the life-sources, of our local communities, we have concerns that SB 487/a will affect both the indigenous nations of New Mexico and non-native people alike. Please let us know if we can provide further information concerning this issue, either immediately regarding this session or throughout the interim period. Sincerely, Leona Morgan, Director Eastern Navajo Diné Against Uranium Mining PO Box 150 Crownpoint, NM 87313 Nadine Padilla, Community/Communications Organizer Sacred Alliance for Grassroots Equality Albuquerque Unitarian Universalist Fellowship Amigos Bravos Bluewater Valley Downstream Alliance Concerned Citizens for Nuclear Safety Concerned Citizens of Wagon Mound and Mora County Conservation Voters NM Dooda Desert Rock Dooda Desert Rock Environment New Mexico Gay Dillingham Gray Panthers of Greater Albuquerque Green Party of Bernallilo County Hada'asidi (The Vigilant Ones) Organization Laguna Acoma Coalition for a Safe Environment (LACSE) Laura Watchempino Los Alamos Study Group Native American Voters Alliance New Mexico Environmental Law Center New Mexico Wilderness Alliance New Mexico Youth Organized Nihima Nahasdzaan Bahaah Hasin (Preserve Mother Earth) NM Conference of Churches Oil & Gas Accountability Project/EARTHWORKS Post 71 Workers Southwest Network for Environmental and Economic Justice Southwest Research and Information Center Southwest Organizing Project The New Mexico Environmental Justice Working Group Updated February 20, 2008
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February 20, 2008

Urge Governor Bill Richardson to Veto SB 487

New Mexico SB 487: Abandoned Uranium Mine Reclamation Fees (Ulibarri), passed in the current legislature, purports to clean up abandoned uranium mines. However, it invites new uranium mining and milling, imposes new costs and responsibilities for overestended regulatory agencies, and may limit the New Mexico's ability to recover cleanup costs of abandoned mines from responsible parties.

Click the following link and enter info into drop-down menus for SB 487 (Sen. Ulibarri) Abandoned Uranium Mine Reclamation Fees:
http://legis.state.nm.us/lcs/BillFinder.asp

WHAT YOU CAN DO TO HELP

1) Write a letter to the Governor by March 5th. If you can authorize your's organizations endorsement, sign-on to our letter today! Or write your own, as an organization or an individual, you can use our talking points. The Governor has 20 days to review the work of this Legislative Session and to veto bills. The address is:

Office of the Governor
490 Old Santa Fe Trail
Room 400
Santa Fe, NM 87501

Or click here to email Governor Richardson now:
http://www.governor.state.nm.us/emailchoice.php?mm=6

2) Call the Governor and tell him why we want him to VETO SB 487/a (sponsored by Senator Ulibarri of Cibola, Socorro, and Valencia Counties, District 30). See attached letter for talking points. Governor Richardson's office number is (505) 476-2200. Also you can call your legislator and urge them to address the Governor on this issue. The switchboard number is: (505) 986-4300. You can "Find Your Legislator"
by clicking here: http://legis.state.nm.us/lcs/legislatorsearch.asp

INFORMATION ON BILLS

Click the following link and enter info into drop-down menus for documents:
http://legis.state.nm.us/lcs/BillFinder.asp

Here are the Bills we were following this session:

HB 342 (Rep. Lundstrom): Uranium Legacy Clean-up Act
SB 273 (Sen. Martinez) Uranium Legacy Clean-up Act
SB 487 (Sen. Ulibarri) Abandoned Uranium Mine Reclamation Fees
SB 350 (Sen. Pinto). Radiation Exposure Victims Benefits
HJM 2 (Rep. Pena) Superfund for Uranium
HB 22 (Rep. Lundstrom) Health Study
SB 360 (Sen. Lovejoy) Navajo Kidney Health Study

LETTER TO GOVERNOR RICHARDSON

February 20th, 2008

The Honorable Bill Richardson
Office of the Governor
490 Old Santa Fe Trail
Room 400
Santa Fe, New Mexico 87501

Santa Fe, New Mexico

Dear Governor Richardson,

Thank you for your efforts and commitment to protect and preserve New
Mexico’s communities and environment during the 2008 Legislative Session.

We, the undersigned, respectfully request your swift veto of SB 487/a:
Abandoned Uranium Mine Reclamation Fees (Ulibarri). This bill purports to
clean up abandoned uranium mines, but instead invites new uranium mining and
milling, imposes new costs on our already strapped regulatory agencies, and
may limit the state’s ability to recover clean-up costs from responsible
parties. As you may know, this bill faced strong, local opposition from the
affected communities and was the subject of heated debate on the floors of
both chambers.

Above all, we believe this bill is premature and circumvents the need to
complete a comprehensive analysis that can address the severity and scope of
the abandoned uranium mine (AUM) problem. Sufficient time has not been
invested to bring all parties involved together. We are willing to work
with the sponsor and other stakeholders collectively and cooperatively on
this problem, but we oppose enactment of this bill because all parties were
not adequately represented or included in the bill’s drafting and its
hearings in the Legislature. In fact, the sponsor’s principal “expert”
testifying for the bill is an executive of a Canadian company that is
proposing new mining in Cibola and McKinley counties, and who previously was
an environmental official of a company that had a poor environmental
compliance record at its mining and milling operations in the Church Rock
area between 1968 and 1983.

For the reasons outlined below, we strongly believe that it is in the best
interest of all parties involved for you to VETO SB 487/a:

• This bill is premature. We first need a thorough and complete analysis
of the problem as envisioned in House Joint Memorial 2, sponsored by
Representative Pena and passed by the Legislature earlier in the week. HJM2
requests an inventory of AUMs, including past owners and operators, and a
study of the feasibility of a state “Superfund” for abandoned uranium sites.
From this analysis, we will have a better estimate of the costs of site
cleanup and groundwater restoration. Based on those estimates, we will be
better informed to assess all options for a state clean-up fund, not the one
option in SB487/a. As Pena stated in HJM2’s final committee, this is not
necessarily policy to set up a atate “Superfund”, but to conduct the
feasibility study of such a state program, that can be deemed whatever
title, with appropriate functions when recommendations are made after
completion of the comprehensive analysis.
• The revenue from new mining is not a reliable source of funding, and
may take longer to address the issue. Under the most optimistic scenarios
advanced by the industry itself, new mining won’t start for at least another
four years. The Mining and Minerals Division says that six years is the more
likely time frame. Also, it is not guaranteed that the industry will yield
the projected amounts of “yellowcake” at a profitable market value, as the
price of Uranium per pound fluctuates on a daily basis. Engaging in a
reasoned approach now and involving all stakeholders will enable the state
to assess and identify alternative funding sources for cleanup, and may
actually speed up the process of reclamation and restoration without waiting
for tax revenues from new mining.

• This bill inappropriately links the cleanup of old mining to the
development of new mining and milling. If cleanup of abandoned mines is the
focus, it doesn’t make sense to allow new mining to add to the irreversible
contamination of our land and water, not taking into account the future
costs of healthcare and reclamation due to increased pollution from new
mining and processing.

• While this bill appears to disqualify companies that owned and/or
operated “existing mines” regulated under the New Mexico Mining Act from
access to clean-up funds, it is unclear if the legislation limits New
Mexico’s ability to sue responsible companies for reclamation fees or
otherwise inhibits the state from taking enforcement actions against the
original polluters. This flies in the face of the “polluter pays”
principle.

We thank you for your attention and commitment to the future health and
safety of our communities, for the opportunity to express our concerns with
you face to face, and for listening to the indigenous peoples of New Mexico.

Eastern Navajo Diné Against Uranium Mining is a Navajo-led grassroots
organization, based in Northwestern New Mexico in the checkerboard area.
Although our primary concern is to protect the water sources, hence the
life-sources, of our local communities, we have concerns that SB 487/a will
affect both the indigenous nations of New Mexico and non-native people
alike. Please let us know if we can provide further information concerning
this issue, either immediately regarding this session or throughout the
interim period.

Sincerely,

Leona Morgan, Director
Eastern Navajo Diné Against Uranium Mining
PO Box 150
Crownpoint, NM 87313

Nadine Padilla, Community/Communications Organizer
Sacred Alliance for Grassroots Equality

Albuquerque Unitarian Universalist Fellowship
Amigos Bravos
Bluewater Valley Downstream Alliance
Concerned Citizens for Nuclear Safety
Concerned Citizens of Wagon Mound and Mora County
Conservation Voters NM
Dooda Desert Rock
Dooda Desert Rock
Environment New Mexico
Gay Dillingham
Gray Panthers of Greater Albuquerque
Green Party of Bernallilo County
Hada'asidi (The Vigilant Ones) Organization
Laguna Acoma Coalition for a Safe
Environment (LACSE)
Laura Watchempino
Los Alamos Study Group
Native American Voters Alliance
New Mexico Environmental Law Center
New Mexico Wilderness Alliance
New Mexico Youth Organized
Nihima Nahasdzaan Bahaah Hasin (Preserve Mother Earth)
NM Conference of Churches
Oil & Gas Accountability Project/EARTHWORKS
Post 71 Workers
Southwest Network for Environmental and Economic Justice
Southwest Research and Information Center
Southwest Organizing Project
The New Mexico Environmental Justice Working Group

Updated February 20, 2008

Uranium Watch • 435-259-4734 • PO Box 344 • Moab, Utah 84532