Errors of Enchantment

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Santa Fe Public Schools to spend $46,000 per student in new budget

05.16.2025

According to a recent Santa Fe New Mexican report the school district in Santa Fe’s school board has passed a new budget for FY 2026. The budget will spend $474.3 million to educate an estimated 10,299 students. We did the math and this budget represents a positively shocking $46,000 per student! 

The article goes on to note that (due to a declining student population) this is a $15.4 million decrease from last year. Shockingly, the district anticipates a $2.2 million shortfall even with this incredible amount of spending per-student. As RGF has noted time and again all of this spending has NOT resulted in improved student outcomes. Where is all the money going? How do Santa Fe schools have a deficit?

As RGF noted recently in a separate post Albuquerque Public Schools (APS) plans to spend north of $35,000 per student.

 

RGF in National Review: Enriching the Land of Enchantment

05.15.2025
While the rest of the Southwest thrives, New Mexico’s lack of economic freedom is leaving it worse off.

If you’ve ever spent time in New Mexico, you know that it is a beautiful state. With remarkable vistas, rich culture, abundant outdoor attractions, and wonderful climate, the state has earned its nickname “The Land of Enchantment.”

Even more enchanting, New Mexico is in the middle of an oil and gas boom. The state has been an oil and gas producer for decades, but thanks to major shale finds, New Mexico now churns out 2 million barrels of oil every day. This is more than 15 percent of all U.S. production and enough to make it the second-biggest oil producing state in the nation after Texas. You’d think New Mexicans would be riding high these days.

Nothing could be further from the truth.

For decades the American Southwest has been the fastest growing area in the nation. You can credit the weather, wide open spaces, or opportunity for outdoor activities. But the fact that Southwestern states generally permit their citizens a great deal of economic freedom almost certainly helps.

Unfortunately for New Mexicans, their state bucks this trend. Over the last decade, the state ranked 47th in employment growth and 36th in real GDP growth. It has the third-highest poverty rate, and it has more children on federal food assistance than any other state. Over this period New Mexico’s population edged up just 1 percent while neighboring states grew by an average of 12 percent. State employment also grew 1 percent while neighboring state employment growth averaged 19 percent.

Why would a state with such dynamic neighbors be so economically troubled? With cooler summers than Arizona or Texas and warmer winters than Colorado — with skiing, golf, culture, arts, and the best green chili in the nation — the state has everything it needs to take off. Yet it is stuck in second gear.

In our new report published by the Rio Grande Foundation and the Fraser Institute, we point to the state’s long history of limited economic freedom. Unless the state’s leaders change course, New Mexico’s negative trends show every sign of continuing or even worsening in the years to come.

People are more economically free when they are allowed to make more of their own economic choices. But New Mexico’s high spending, steep taxes, and burdensome regulations mean it ranks 47th out of the 50 states, well behind each of its closest neighbors.

The Fraser Institute in Canada began measuring economic freedom nearly three decades ago, first at the national level and then at the state and provincial level. This data has been used in over a thousand peer-reviewed studies assessing the effects of economic freedom on wellbeing. And the evidence is overwhelming that economically freer people tend to be more prosperous people.

Economically free places attract peopleentrepreneurship, and growth. They tend to experience lower levels of povertyhomelessness, and food insecurity. People in economically free places are more tolerant of others, philanthropic, and satisfied with their lives. They are even less likely to recommit crime.

Yet as this evidence has accumulated, New Mexico’s policymakers have moved to further restrict the economic freedom of New Mexicans. The state is the only one in the country to have reduced the economic freedom of its citizens over the four decades for which we have data.

In recent years New Mexico has had budget surpluses of more than $3 billion annually. These are big numbers in a state where rapid spending growth has led to an annual general fund budget of $10.8 billion. In the last five years, the budget has grown by 27 percent in inflation-adjusted terms while the economy has grown by just 12 percent. New Mexico has also accumulated a $61 billion fund for future government spending.

What can be done? New Mexicans themselves hold the key. When they head to the polls, they should question why the state’s leaders have made the government the dominant force in New Mexico’s economy.

They should ask why the state’s top marginal income tax rate is nearly twice that of its neighbors or why its labor regulations are the second most burdensome in the country. They should ask that the state’s low-income occupations be relieved of especially heavy licensing requirements. For example, it takes 1,600 hours of classes to get a cosmetology license, and the average program costs over $16,000.

Reams of national and international data highlight the power and importance of increasing and defending economic freedom. New Mexico offers a cautionary tale to those who believe policymakers can tax, spend, and regulate their states to prosperity.

The evidence suggests that if allowed to make more of their own economic choices, New Mexicans would build a flourishing economy every bit as enchanting as everything else the state has to offer.

Matthew Mitchell is a senior fellow in the Center for Human Freedom at the Fraser Institute in Canada. He lives in northern New Mexico. Paul Gessing is President of the Rio Grande Foundation in Albuquerque.

New Mexico taxpayer funding for culturally significant okra and anti-Israel activism?

05.15.2025

Here at RGF we look at a lot of information on a lot of different topics, but we never thought we’d be talking about taxpayer dollars used for “culturally significant okra.” Specifically, according to a press release we received from NM’s Economic Development Department, Ashokra Farm in Albuquerque just received $25,000 from New Mexico taxpayers.

We thought it was a funny story involving a (relatively) small amount of wasteful spending until we were alerted to the Farm’s Facebook page. This is no ordinary farm. It’s a “queer and people of color farm.” Okay, that may be fine. You can read all about how the farm “protects from the threats of homophobia, transphobia, racism and sexism” in The Guardian.

It is ALSO a farm that urges at its Facebook page (screenshot below): “Farmers – please boycott these companies in support of a FREE PALESTINE AND END TO THE GENOCIDE that is currently being funded by Israel and the United States.” The Agricultural companies listed are based in Israel and are helping to fund the Israeli Defense Force.

If you are concerned about your tax dollars going to radical causes like this, I’d recommend sharing this story with your local newspaper or TV station. You can email Secretary Rob Black: rob.black@edd.nm.gov There is a full list of EDD personnel here. But most of all we need new legislators and a better Gov. than MLG in the 2026 election.

 

Medicaid reform/federal cuts long overdue

05.14.2025

Gov. MLG recently went on the TV show Face the Nation to decry potential cuts to Medicaid. She even claimed the reforms would ““destroy health care as we know it.” Pretty much every elected Democrat in New Mexico supports Medicaid as it currently exists because they view it as an “economic development” program. That’s largely due to the fact that the federal government picks up 72% of the bill while New Mexico pays “only” 28%.

That may sound like a great deal for New Mexicans until you realize that Medicaid spending is expected to grow by a mind-blowing 27% next year and spend an astonishing $15.5 billion. That’s 1/3rd larger than the State’s fast-growing general fund budget which pays for education and public safety (to name just two priorities). In other words, even with “just” 28% of that coming from New Mexicans, that’s STILL $4.34 billion state tax dollars (setting aside the federal tax burden placed on New Mexicans).

As part of their efforts to find savings to make way for the Trump tax cuts Republicans in Washington have put forth a few ideas that would constrain Medicaid spending a bit.

As The Hill notes, “Provider taxes have been a lucrative loophole for states to get more federal Medicaid funding by taxing providers and then returning the money to them in the form of higher reimbursements for treatment. The proposal would freeze all state taxes at their current rates and prevent states from imposing additional taxes.” New Mexico has been doing this for years and in 2024 the Legislature passed a provider tax that helped the State fleece taxpayers in the other 49 states of $1.5 billion. This is abuse of the Medicaid system. Unfortunately, the Republicans’ plan only prohibits future such schemes, not existing ones.

It’s worth mentioning that New Mexico could easily afford to replace federal Medicaid dollars with its own money. The State is sitting on $61 billion in “savings.” In the recently-completed legislative session the State has set up a mechanism to accumulate another $2 billion for the explicit purpose of “replacing” federal Medicaid dollars if indeed cuts happen.

Another initiative of Congressional Republicans’ (again from The Hill) is “work requirements.” Under the proposal, states must enforce “community engagement” requirements on Medicaid enrollees beginning in 2029.  Community engagement is defined as 80 hours of work, community service or a work program each month. Other options include at least half-time enrollment in an educational program or a combination of the available options.

We’d love to see that moved up (why wait until 2029), but with New Mexico’s abysmal workforce participation rate remains depressed by any historical metric. It is lower than it was before COVID and it is lower than it was going back to 1976. Adding work requirements to Medicaid is just common sense.

While Lujan Grisham and Democrats will undoubtedly claim that the sky is falling on New Mexico and other states, Medicaid needs to be reformed dramatically and that really needs to come from the federal level. We’d like to see the federal government block grant (and then shrink over time) Medicaid dollars. That would both remove the incentive for New Mexico and other states to “game” the system as they clearly have been doing AND it would place the federal government on more sound budgetary footing.

 

Reforming America’s Air Traffic Control system: Paul goes to the policy vault

05.13.2025

Before heading up Rio Grande Foundation Paul Gessing headed up government affairs at the DC-based National Taxpayers Union. One project Paul worked on at the time has rocketed to prominence in recent months: the struggling US Air Traffic Control system. In fact, the Trump Administration recently promised to revamp the system and put large sums of money into it.

Paul has worked on a real solution: commercializing air traffic control along the lines of what Canada has done. Read an (old) policy paper here. In 2017 on behalf of RGF, Paul signed this letter to Congress. The fact is that having safety regulation and operations of air traffic control should NOT be under the same government agency.

What’s the solution? NAV Canada is the model. NAV CANADA is Canada’s air navigation service provider, a privately-owned, non-profit corporation responsible for managing Canada’s civil airspace and the North Atlantic oceanic airspace. They provide air traffic control, flight information, and other aeronautical services and do so in a safe manner.

If you don’t want to look at Paul’s old 2003 NTU policy brief, check out a much more recent document advocating for air traffic control privatization from the Cato Institute.

Like pouring more money into government run schools that have few incentives to perform, pouring more money into “reforming” air traffic control is a waste of time unless the incentives are changed.

New Mexico’s pensions remain problematic

05.12.2025

As prospective gubernatorial candidate Duke Rodriguez pointed out in a recent Albuquerque Journal opinion piece, New Mexico’s PERA pension system’s solvency has worsened in recent years. This, despite reforms adopted in 2020 (that Rio Grande Foundation supported).

As the Albuquerque Journal reported, “Public Employees Retirement Association’s funded ratio — or its total assets divided by liabilities — has dropped from 70% in 2019 to 67% as of last summer. Its total unfunded liability has grown from $6 billion to nearly $9 billion during the same time frame.” That’s not good at any time, but considering the stock market’s performance during that time frame it is even more troubling.

I asked our friend Len Gilroy at the Reason Foundation (pension experts that we worked on pension reform with in 2020) for his thoughts and here’s what he said, “The benefit changes back then helped bend the cost and liability curves and built in some risk protections around new hires, but they didn’t fundamentally pour a bunch of money in to solve the current underfunding. It was a Phase 1 reform and then their leadership team left and they stopped pushing additional phases.”

At this point they (the Legislature) need to keep going. The first reform bent the liability curve, and the outcomes would have absolutely been worse had those not happened. But hovering out around 67% funded when markets are wildly volatile and closer to the next recession  is no place to rest.”

Furthermore, the Journal story noted that “New Mexico’s other public retirement system, the Educational Retirement Board that provides benefits for retired educators, has also faced solvency concerns in recent years. The ERB had a 65% funded ratio as of last summer, which marked a slight improvement from the previous year.”

The Rio Grande Foundation has philosophical concerns with defined benefit pensions in the first place though we don’t expect the transition to a defined contribution plan to happen anytime soon. Rather than pouring money into the State’s myriad “permanent funds” perhaps showing up our pension liabilities would have been a better approach?

You can see the latest PERA funding chart below, it is found at page 34 of this document.

RGF policy paper: “Senseless Energy Policy in New Mexico”

05.11.2025

At the Rio Grande Foundation we have long been frustrated with the prevailing approach to energy. It is anti-science, expensive, and sets New Mexico up for blackouts (Energy Transition Act) and economic destruction (anti-oil and gas legislation). The Foundation’s Adjunct Scholar on Energy Policy, Kenneth Costello, has a detailed takedown of New Mexico’s anti-energy approach in his new policy brief:

“Senseless Energy Policy in the Land of Enchantment”

Tipping Point NM episode 706 Daniel Higbie – Faith Driven Entreprenuership in NM

05.09.2025

On this week’s episode Paul talks to local entrepreneur and businessman (and Hillsdale College graduate) Daniel Higbie. They discuss unique cultural obstacles to entrepreneurship in New Mexico and their historical origins. They also discuss specific efforts that he and other business owners have undertaken in order to change New Mexico and its approach to business, wealth, outsiders, and more.

Here are several links to various concepts discussed in the conversation:

https://www.praxis.co/redemptive-entrepreneurship

https://faithdrivenentrepreneur.org/

https://www.faithdriveninvestor.org/

https://faithdrivenentrepreneur.org/find-a-group/

New Mexico now spends $13,227 per pre-K child enrolled

05.09.2025

According to a new report from New Mexico’s LESC, the State of New Mexico’s LESC. 

Check out the following charts directly from the report linked above. Increasing numbers of 3 and 4 year-olds are enrolled in New Mexico. At the same time spending per-child has ramped up dramatically. In 2023-24 State spending totaled $212,888,058, up $107,488,625 (102%), adjusted for inflation, from the prior year. On a per-pupil basis New Mexico spends about as much as tuition at a top private high school.

What will New Mexico get for this spending? There’s no telling. New Mexicans have been pouring money into pre-K for 20 years without any compelling increase in student outcomes. The State remains dead last nationally in education. The best randomized control study of pre-K outcomes found WORSE results with pre-K.  

Rep. Vasquez joins House GOP to repeal California EV mandate (which New Mexico is using to advance its own)

05.08.2025

The US House of Representatives recently voted on a plan that would (if adopted in the Senate) result in the repeal California’s emissions waiver. That waiver allows the state to require all new vehicles sold by 2035 to be electric. It has also been used by other states like New Mexico to implement EV mandates.

The House passed the mandate repeal with 35 Democrats (including New Mexico Rep. Gabe Vasquez) in support in addition to all Republicans. So, kudos to Vasquez on voting for both reality and New Mexico’s ACTUAL interests. Sadly, Reps. Stansbury and Leger Fernandez voted “no” on repeal.

Will this repeal make it through the Senate? We fully expect Heinrich to vote against it. Ben Ray Lujan almost always votes with Heinrich.

Leftist legislator’s bizarre constituent mail

05.07.2025

Rep. Michaela Cadena (D-Las Cruces) is among the farthest left members of the entire New Mexico Legislature. She is also an advocate for dramatically increased taxes on alcohol and reliably supports the “progressive” side in legislative battles in Santa Fe.

We happened to obtain some constituent mail the Rep. sent out to at least one constituent. It contains some text in Spanish and the text of the “letter” is “The people of New Mexico deserve better.” We agree with Cadena on this although we believe that we MAY have a few differences of opinion on what would actually make New Mexico better. As is well documented and you can see below, New Mexico has been under one party rule (Democrats) for nearly 100 years. We agree, New Mexico deserves better, but definitely not Cadena’s version of “better.”

Tipping Point NM episode 704: Latest on New Mexico’s Electric Vehicle Situation with Carlos Garcia

05.07.2025

On this week’s Tipping Point NM interview Paul sits down with Carlos Garcia of Garcia Automotive for an update on New Mexico’s electric vehicle situation. What’s the latest with the mandate both at the federal and state levels? Did the Legislature do anything? When do 2026 vehicles (43% of which are supposed to be EV’s show up on dealer lots?). What’s next for EV mandates and car buyers in New Mexico?

Also, Carlos and Paul discuss the impact of Trump’s tariffs on the auto industry and Elon Musk’s fall from grace (with his best customers).

Opinion piece: Prohibiting housing market technology won’t resolve New Mexico housing shortage

05.05.2025

The following appeared in the Albuquerque Journal on May 4, 2024.

New Mexico’s Legislature adjourned March 22, and not a moment too soon. That’s because the party that controls our state government spent most of the legislative session pushing misguided policies that expand the size of government, increase spending, fail to reduce tax burdens and add red tape to our economy. Our leaders need to address the root causes of these problems by shrinking government. Look no further than the housing market. Policy advisers to Gov. Michelle Lujan Grisham report that in the past eight years, the average home price in New Mexico has gone up 70%, and the median rent costs have increased 60%.

That’s unsustainable for working families.

Analyses have emphasized the drastic undersupply of housing in New Mexico. An accumulation of development-deterring rules and regulations have suppressed the supply of housing, which in turn negatively impacts the going rates to buy or rent.

The Lujan Grisham administration rammed through a costly new building code in 2024. This new code raised insulation standards and mandated electric vehicle-related infrastructure. It also hasn’t helped that cities have been overly slow to reevaluate impediments like building height restrictions and unwise prioritization of costly single-family detached homes — which now makes up more than 65% of the state’s housing stock.

While increasing the housing supply in New Mexico’s largest cities was supposed to be the goal of the 2025 legislative session, a proposed bill (House Bill 215) would have worsened housing issues in the state. The bill would have barred the use of software by property managers to suggest rent prices or lease renewal terms. This entailed revoking the processes for analyzing and training an algorithm/artificial intelligence on historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of dwelling units from two or more rental property owners.

For consumers, much of what we buy is online or is supported by software tools like these that swiftly match our demands with available inventory and executing transactions the moment that we need them — think of flights, trains, cars, hotels and many other necessities.

While New Mexico’s proposal failed in the Legislature, similar laws enacted in California have been passed. In short, statistical assessments of the rental property landscape simply reveal a snapshot of its current market conditions, not the other way around in establishing such conditions, as some may claim. Artificial intelligence tools are just tools. If a landlord wishes to charge different rents or give discounts to customers, they are welcome to do that. AI is simply one of many tools that can be used to make sure that rental prices reflect current market conditions in the area.

Not only is AI not a problem driving New Mexico housing prices, it could be part of the solution. But the real solution to rising housing costs is to increase the housing supply. Austin, Texas, is an example of a fast-growing city that has tamped down rising prices through increased supply. In the market, where construction has been allowed to keep up with and even surpass population growth, rents have fallen 22% from their peak in the summer of 2023.

Reversing the anti-technology approach to housing is critical given that basic functions of tools for price discovery in the rental market stand to encourage more entrepreneurial activity and motivate more potential property owners to bring more housing units to market. Allowing processes to demystify markets like these can also further push business leaders to move their AI-oriented operations to New Mexico and support better outcomes for local consumers.

Of course, solving New Mexico’s housing shortage starts with increasing supply.

Paul Gessing is president of New Mexico’s Rio Grande Foundation, an independent, nonpartisan, tax- exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility.

Fact check: by any objective measure oil and gas does NOT run New Mexico’s Legislature

05.05.2025

While the Rio Grande Foundation is proudly on the libertarian/conservative side of the economic debate in New Mexico, there are groups on all sides of the issue that we work (and often argue with). Some are more or less credible. One of the better-funded but less credible groups on the left is ProgressNowNew Mexico.

The far-left group recently offered a policy brief with the name “Oil-garchy: Big Oil Runs NM Legislature.”  The gist of their argument (as you might gather from the title) is that the oil and gas industry “rules our state by fiat.” They cite numerous bills that have been introduced in 2025 and in the past several years (all under Democrat rule) that failed.

It is hard to see how an industry that pays a mind-blowing $15+ billion in taxes to the State of New Mexico “owns” the Legislature (while Hollywood gets checks from taxpayers to the tune of 40% of what they spend), but that is what ProgressNow is arguing. Of course, if oil and gas truly “owned” the Legislature none of these anti-oil and gas bills would have been introduced in the first place. Despite record revenues and economic impact on New Mexico the Legislature just passed a tax hike in the form of increased royalty payments (SB 23).

ProgressNow, like many left wing advocates who don’t get their way 100% of the time, claim that money spent on PR and lobbying have kept oil and gas from being taxed and regulated more, but the reality is that if the Legislature and Gov. acted in a concerted way to kill the industry or attack it in some concerted way (such as this year’s HB 35 which would have forced a mile wide barrier between oil and gas sites and any “school” or recreation area that could serve kids) would reduce state revenues dramatically.

The fact is that no industry or even group of industries could replace oil and gas revenues (at least until or unless the State makes a concerted effort to become more economically-competitive as a business relocation site). But, even if the Legislature and Gov. did nearly everything RGF asked them to do, tax reduction, education reform, deregulation, and much, much more, it would take a long time to bring in the kind of cash New Mexico receives from oil and gas. 

If ProgressNow (or any left leaning group or legislator) would like to work on economic development strategies that would truly diversify our State’s economy in a sustainable way, we’d be happy to work with them, but we’re not holding our breath!

 

Las Cruces moves to eliminate natural gas

05.05.2025

The political left is out to get natural gas. We know Sen. Martin Heinrich is not a fan of gas stoves. So-called “environmental groups” don’t care for them either and have worked to implement various types of bans across the nation. It looks like the City of Las Cruces is going to be moving to limit access to natural gas hookups and possibly appliances. As the notice below notes, there is a public meeting on Tuesday, May 20th from 6 to 8pm at City Hall.

But, assuming that city officials wish to move forward with such a ban, there will be plenty of future meetings on the issue with limiting natural gas as a central goal of the effort. What will happen? That’s anybody’s guess, but it is up to the people of Las Cruces to push back starting with the first meeting on this crazy idea.

Once upon a time President Obama was a big supporter of natural gas, but radical environmental groups now oppose even that clean burning fuel.

RGF president talks taxes in Las Cruces

05.05.2025

RGF’s president recently traveled to Las Cruces for a few speaking events. One was for Concerned Citizens in Action at which Paul discussed the recent New Mexico legislative session and its impact on economic, education, and constitutional freedom, and the other was with our friends at the Americans for Prosperity chapter in Las Cruces. You can see a couple of “action shots” below. If your group needs a speaker don’t hesitate to reach out! info@riograndefoundation.org.

 

RGF weighs in on Gov.’s “contingency fund” for KOAT 7 story

05.05.2025

New Mexico governors including the current one have a “contingency fund.” These funds suffer from a relative lack of oversight and clear limits on what they can be used for. Given her general approach to governance it is hardly surprising that Michelle Lujan Grisham has broadly interpreted the law and potential uses of these taxpayer dollars.

RGF president Paul Gessing offers his insights for this KOAT 7 story which you can also click on below:

Another day, another “remedial” plan for NM education

04.30.2025

Seven years after the Yazzie v. Martinez decision (another) judge has told the Public Education Department to come up with (another) plan to boost the quality of education it provides Native American and underserved students. To say that no one following education policy in New Mexico is surprised would be an understatement. If anything, New Mexico’s educational performance has only worsened since the Yazzie decision (and its remedial actions) was handed down.

Of course, as PED (rightly) pointed out, the Legislature has increased spending by $2 billion since Yazzie. Considering the precipitous drop in New Mexico’s student population during the same period there should be no financial issues at New Mexico schools, but  finances have never TRULY been the issue anyway.

So, what can we expect from this latest judicial edict? We KNOW PED under this Gov. has been in a state of chaos. We know that MLG has ZERO desire to embrace either school choice or successful Mississippi-style reforms. Of course Susana Martinez attempted to implement Mississippi-style reforms to no avail.

Unless this latest judge both understands education policy and is willing to force PED to embrace ACTUAL reforms that have been proven successful in other states, nothing is likely to happen. Of course, 2026 is an election year for Gov., so it is more likely that voters will have a higher likelihood of impacting New Mexico’s abysmal education outcomes than will the current intransigent Gov. and Legislature.

 

Tipping Point NM Episode 703: Dems Pick State Party Chair, EV Mandates, Heat Regulations and Renewable Energy

04.30.2025

NM Democrats pick teachers union official as new state party chairwoman. Paul and Wally discuss the TRUE purpose of NM’s government education system.

The 2025 legislative session concluded with no action taken on the Gov.’s EV mandates. latest on EV mandates in New Mexico. With the 43% mandate set to kick in soon, what are the latest EV numbers?

Paul will be in Las Cruces for two presentations on May 1/2nd.

Proposed New Mexico regulations on working in the heat could have a profound impact on some businesses.

A recent event in Santa Fe put on by the media outlet Axios involved several New Mexico political types. The event was about “renewable energy” but it included discussion of the budgetary impact of renewables when compared with oil and gas that were enlightening.

 

The latest New Mexico oil production highlight continued strong production

04.30.2025

As oil prices dip under the $60/barrel level for the first time since the COVID 19 pandemic the Rio Grande Foundation is highlighting Energy Information Administration data which shows that (as of January 2025, the latest month available) crude oil production in New Mexico remains near record highs. You can see the data highlighted on the chart below.

While there is no question that the dropping per-barrel price of oil will impact future oil production and therefore New Mexico’s budget, this remains a production driven boom in oil revenues (not price-driven). How low prices can go before production begins to drop is an inexact science, but we believe that we are approaching that price point at $50/barrel. Of course, declining oil prices benefit motorists and other consumers.

A significant drop in oil and gas revenues will have inevitable impacts on New Mexico’s budget and economy although the State has $60 billion stashed away for its own use in case of a downturn. As the Rio Grande Foundation has noted repeatedly, the Legislature and Gov. SHOULD HAVE taken the opportunity to diversify and grow New Mexico’s private sector economy during the recent oil boom, but they have done nothing of the sort (and show no signs of changing their approach unless or until they are forced to by the voters).

 

Proposed New Mexico Heat Illness and Injury Prevention Rule could have massive impact on businesses: comment now!

04.28.2025

The New Mexico Environment Department’s Occupational Health and Safety Bureau submitted a petition to the state’s Environmental Improvement Board to adopt a proposed rule on occupational heat illness and injury prevention.  The new rule, if passed will mandate a range of heat illness and injury prevention measures on BOTH indoor and outdoor job sites across multiple industries, including construction. The submission of the petition is the first step to start the rulemaking process.

Take a few minutes to comment (at the bottom of this post) by no later than May 30. If adopted, this regulation could have significant impacts on businesses working throughout New Mexico. You can read (and borrow from) RGF’s comment here.

Analysis of New Mexico’s Proposed Heat Illness and Injury Prevention Standard

Key Requirements of the Standard are as follows

  1. Heat Exposure Assessment:
    1. Employers must conduct heat exposure assessments when the heat index meets or exceeds just 80°F.
    2. The assessment must account for the following criteria:
      1. Heat index of the work environment is determined by measuring the temperature and relative humidity and applying those numbers.
      2. The effect of direct sunlight.
      3. Intensity of the work being performed.
      4. Acclimatization of the employee.
      5. Personal risk factors for heat illness.
      6. The heat-retaining properties of protective clothing and PPE by using Proposed Rule’s Index Table 1.
  1. Control Measures must be implemented when outdoor and indoor working environment heat index exceeds 80°F.
    1. Acclimatization: New and returning employees must be gradually introduced to heat conditions and closely observed by a supervisor or designee for the first 7 days of employment. A phased work schedule is required, starting with 20% of the typical work duration in heat and incrementally increasing daily.
    2. Provision of Fluid: Each employee must have access to employer provided at least one quart of drinking water per hour.  Employees shall be encouraged to drink 8 ounces of fluid every 15 minutes.
    3. Regular Rest Breaks: Employer Paid rest breaks are mandated during high heat conditions based on a structured work-rest schedule. For instance:
      1. For heavy labor in full sun and temperatures exceeding 90°F, breaks must be taken every 20 minutes for at least 40 minutes.
      2. The exact schedule varies depending on the intensity of the work, clothing, sun exposure, and the heat index, as outlined in the regulation’s Work Rest Schedule Table.
    1. Cooling Areas: Employers must provide shade or mechanically cooled areas for employee breaks, ensuring they are sufficient to accommodate all workers and located close to work areas.
    2. Personnel Monitoring: Supervisors must monitor employees for signs of heat illness, using communication systems, buddy systems, or pre-shift meetings to review heat illness symptoms.
  1. Emergency Medical Care:
    1. Compliance with existing federal and state emergency medical care standards is required.
  1. Training and Recordkeeping:
    1. Employers must conduct heat illness training and maintain detailed records including attendees for at least five years.
  1. Maintain an accurate record of the heat acclimatization schedule and procedures for all new and returning employees.
  2. Maintain a record of all heat illness or related injury including those requiring first aid with heat index and working conditions at the time of the illness or injury.

This rule will impact virtually every employer with operations above 80 degrees.

Public Comments – NOTICE OF PUBLIC COMMENT HERE

It is critical that regulators hear directly from employers about how this rule would impact them.

To submit comments or to request more information on the proposed regulations, you have various options; may do so by filing electronically via the Department’s public comment portal (link embedded below); by email to heatrule.comments@env.nm.gov or in paper format by mailing comments to NMED-OHSB, Attn: Heat Illness and Injury Prevention, P.O. Box 5469, Santa Fe, NM, 87502.

  1. PUBLIC COMMENT ONLINE FORM/PORTAL HERE
  2. EMAIL: heatrule.comments@env.nm.gov – When responding by email please enter “Heat Injury and Illness Prevention Rule” in the subject line and include your name, title (as applicable), affiliation (as applicable), email, phone number, mailing address, and relevant comments to the proposed regulations in the body of the email.
  3. MAIL:   NMED-OHSB, Attn: Heat Illness and Injury Prevention, P.O. Box 5469, Santa Fe, NM, 87502

Of course they did: NM Democrats pick teachers union official as new state party chairwoman

04.28.2025

I doubt we at the Rio Grande Foundation would have liked ANY of the candidates to be chair of New Mexico’s Democratic Party, but it is hardly a surprise that they chose “a teachers union fundraising official” to run the Party. As if it needs to be said, the government-fun education system is NOT about educating our children. It is an employment program for adults and a tool for maintaining political power. The teachers’ unions are one big part of the Democrats’ three legged stool: government employee unions, radical environmental groups, and trial attorneys.

So, New Mexico’s education system is inarguably the very worst in the nation and the unions have had more to do with that failure than ANYONE, with two cycles of NAEP scores ranking it dead-last in the nation, the Party that has controlled New Mexico for generations has tabbed one of their “union fundraisers” to lead it. Totally checks out.

RGF’s “Freedom Index” results covered by Santa Fe New Mexican

04.28.2025

Rep. Randall Pettigrew of Hobbs received the best score in the 2025 edition of the Rio Grande Foundation’s Freedom Index. You can read about the results and what legislators say about the Index here thanks to Daniel Chacon of The New Mexican who does a fantastic and evenhanded job of covering the Legislature for the paper.

You can find scores for 2025 here and look back into the archives (all the way back to 2014) here.

The Roundhouse Report: Politics in New Mexico