Errors of Enchantment

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Episode 401: Clean Car Rule, “Living Lots” for Albuquerque, Virgin Galactic Delayed Again and more

05.10.2022

New Mexico’s unelected Environmental Improvement Board has adopted a new “clean car rule” at the urging of Gov. Lujan Grisham. California’s (and New Mexico’s)  standards will require roughly 7% of new cars sold to be zero emission in 2025. In the 3rd quarter of 2021 zero emission vehicles amounted to just 2.29% of new vehicle sales in New Mexico. So, those sales will need to just more than triple from Q3 of 2021 to 2025. The rule could get much more restrictive soon as California Gov. Gavin Newsom has issued an  executive order ordering the end the sale of gas-powered cars in California by 2035. California’s own unelected board is expected to hold a vote on final adoption of that in August.

If California enacts this rule, 35% of new cars, SUVs and small pickups sold in California (and thus New Mexico) must be zero-emission starting with 2026 models, then increasing yearly, reaching 51% of all new car sales in 2028, 68% in 2030 and 100% in 2035. Of those, 20% can be plug-in hybrids.

Another delay for Virgin Galactic as their stock market continues to drop.

New Mexico’s loan ban was based on false information. A new report from Illinois which adopted a similar law show the number of lenders and loans available to low-income customers has dropped dramatically. 

Questions remain for New Mexico’s future electricity reliability. PNM had proposed to build a 280-megawatt “peaking” natural gas plant – which can rapidly ramp up and down as needed – alongside new renewable generation but that has not been built due to PRC opposition. The Avangrid/PNM merger remains alive with an appeal to the New Mexico Supreme Court, but the real strategy seems to be to wait for MLG to put pro-merger people on PRC before she leaves office.

ABQ City councilor proposes “living lots” for local homeless, Paul and Wally have some thoughts.

New Mexico’s new sick leave mandate takes effect on July 1, but we STILL don’t have a final rule. 

According to a new Tax Foundation report New Mexico’s sales tax is very broad, 2nd most broad among US states (to Hawaii).

Early voting at county clerk offices begins (today) May 10. Paul has recently interviewed the four main GOP candidates for Gov. and both candidates for CD 1 here and here (all of which are contested).

Democracy Protection Pledge

05.10.2022

With the start of early voting today, here is our initial list of candidates who have committed to “restrict emergencies” to a fixed period of time, clearly define “emergency” in statute, and requiring majorities in both houses of the state legislature to approve extensions of any ’emergency’ declaration.”

Text of the pledge is below the list. Candidates who have NOT signed the pledge but wish to can email us at: info@riograndefoundation.org

Rebecca L Dow, Governor
Travis Steven Sanchez, Lieutenant Governor
Ant Thornton, Lieutenant Governor

Mark Duncan, State Representative District 2
Jerri D Rowe, State Representative District 6
Adrian Anthony Trujillo, Sr, State Representative District 11
Kimberly Ann Kaehr-MacMillan, State Representative District 15
Ellis C Mcmath, State Representative District 17
Scott Troy Cannon, State Representative District 18
Kathleen M Jackson, State Representative District 19
Robert A Salazar, State Representative District 20
Stefani Lord, State Representative District 22
Alan T Martinez, State Representative District 23
Khalid Emshadi, State Representative District 24
Robert S Godshall, State Representative District 27
Gregory G Cunningham, State Representative District 29
William R Rehm, State Representative District 31
Jenifer Marie Jones, State Representative District 32
Richelle A Peugh-Swafford, State Representative District 35
Melba T Aguilar, State Representative District 38
Jay Groseclose, State Representative District 46
Rachel A Black, State Representative District 51
John Block, State Representative District 51
Ricky L Little, State Representative District 53
Greg Nibert, State Representative District 59
Larry R Scott, State Representative District 62
Andrew G Kennedy, State Representative District 66
Jimmy G Mason, State Representative District 66

The candidates listed above have signed the following pledge: “I pledge to protect democracy. Thus, I commit to balancing power in future emergency declarations. This includes: restricting “emergencies” to a fixed period of time, clearly defining “emergency” in statute, and requiring majorities in both houses of the state legislature to approve extensions of any “emergency” declaration.”

If you are a candidate for the Legislature or Gov. who would like to sign this pledge please email us: info@riograndefoundation.org

At behest of Gov. Lujan Grisham, unelected New Mexico board adopts California’s “Clean Car Standard”

05.09.2022

Last week New Mexico’s unelected Environmental Improvement Board chose to join the list of states that have adopted California’s so-called “Clean Car Rules” Interestingly, because California sets the rules, these rules could be changed whenver California regulators decide to, and they may be poised to do just that.

California’s (and New Mexico’s)  standards will require roughly 7% of new cars sold to be zero emission in 2025. In the 3rd quarter of 2021 zero emission vehicles amounted to just 2.29% of new vehicle sales in New Mexico. So, those sales will need to just more than triple from Q3 of 2021 to 2025.

That means that dealers will either cross-subsidize ZEV’s by raising prices on other vehicles or they will look to the State to subsidize sales of the “chosen” vehicles.

Aside from this proposal not coming through the democratically-elected Legislature, California calls the shots when it comes to changes to the “standard” which will also impact New Mexico. CA Gov. Gavin Newsom has issued an  executive order ordering the end the sale of gas-powered cars in California by 2035. California’s own unelected board is expected to hold a vote on final adoption of that in August.

If California enacts this rule, 35% of new cars, SUVs and small pickups sold in California (and thus New Mexico) must be zero-emission starting with 2026 models, then increasing yearly, reaching 51% of all new car sales in 2028, 68% in 2030 and 100% in 2035. Of those, 20% can be plug-in hybrids.

Not including New Mexico, here is a list of states that have chosen to follow California’s rule.

 

Another delay for Virgin Galactic

05.06.2022

After having stated that manned space tourism launches from Spaceport America would begin in Fall of 2022, Virgin Galactic has (yet again) announced the delay of its launch plans from the facility.

According to news reports, the plan is to now launch in the first quarter of 2023. The current excuse is “supply-chain bottlenecks and difficulty hiring engineers and skilled labor.”

While that is undoubtedly a challenge, the taxpayer-financed Spaceport facility will have been open for 11 years by this coming October without a single paid space tourism flight launching from the facility.

Notably, Virgin Galactic which is now a publicly-traded company on the stock market, is plummeting. According to the Journal, “On Friday morning, Virgin Galactic’s stock price dove 13%, from $7.46 per share on Thursday afternoon to $6.51. That’s down from a peak of $62.80 a share in February 2021.”

Charlie Brown, Lucy and the Football

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Loan ban built on false information

05.05.2022

The laws passed in the 2022 legislative session will (mostly) take effect on July 1. Unfortunately, a new report indicates that legislation passed this session that will have profound impacts on New Mexicans starting in July was built on faulty or even outright false information.

A public records request from Illinois where a similar law is in effect highlights the situation. There are 45% fewer licenses held by Illinois’ installment lenders in the State after its 36% rate cap bill was signed into law on March 23, 2021. This does not include the more than 350 payday lender licenses that also expired.

This dramatic decline stands in stark contrast to assertions made by groups and activists suggesting that installment lenders were on the rise in Illinois. Initial analysis of credit bureau data by academics shows that the number of loans in Illinois to subprime borrowers decreased by 29,000 (or 36%) in the 3 months following the implementation of the rate cap law. Furthermore, the number of loans to deep subprime borrowers declined by 4,700 (or 57%).

This is exactly what asserted repeatedly during testimony and in the media during the 2022 legislative session by the Rio Grande Foundation. In Illinois when the rate cap took effect, credit options became more limited for those that need them the most. The same can be expected in New Mexico starting July 1 when HB 132 takes effect.

Opinion piece: High-interest loans have a purpose | Rio Grande Foundation

Questions still loom for New Mexico electricity reliability

05.05.2022

Gov. Lujan Grisham and the Public Regulation Commission seem to believe that by pushing the closure of San Juan Generating Station until after the end of this summer that they have “taken care of” New Mexico’s electricity reliability issues.

The reality could not be further from the truth. As the Albuquerque Journal and Rio Grande Foundation have BOTH pointed out, getting through this summer does not mean the blackout situation is “solved.” We likely need a natural gas plant based in the Four Corners or elsewhere, but that was rejected by the PRC. As noted, “PNM officials and others criticized the PRC for rejecting PNM’s proposal to build a 280-megawatt “peaking” natural gas plant – which can rapidly ramp up and down as needed – alongside new renewable generation when it ruled on San Juan replacement power in 2020.”

We have heard of no action undertaken by the Lujan Grisham Administration to create viable means of keeping the lights on in the summer of 2023 (when additional base load capacity in the form of Palo Verde will be lost).

UPDATE: In another case of the Rio Grande Foundation being ahead of the curve, this story ran on Thursday, May 12, 2022 detailing the challenges PNM is facing in obtaining solar panels to prepare for Summer of 2023. According to PNM, “Those delays mean that nearly half of the 950 megawatts of solar generation and battery storage that was scheduled to be fully online by early next year now won’t be available until after summer 2023.”

The Gov. is going to ignore the problem and hope voters don’t hold this against her in November, but there is no doubt that New Mexico’s electricity issues are a problem.

PNM warns of potential blackouts in New Mexico this summer | KOB 4

 

 

Episode 399: Legislative Finance Committee Report on Albuquerque Public Schools and more

05.04.2022

On this week’s conversation Paul and Wally discuss the Legislative Finance Committee’s new report on Albuquerque Public Schools. The report has important information for state and school districts across New Mexico.

Student loan forgiveness as Joe Biden has discussed doing would be highly regressive (AND bad policy).

Albuquerque is considering sanctioned homeless camps. Wally and Paul explain why this and other supposed “solutions” are problematic.

Natural gas prices are increasing. Unfortunately natural gas production in the US is declining. 

New poll places MLG among least popular Governors in the US, but still slightly above “water.”

Paul recently interviewed Congresswoman Yvette Herrell and also sat down with the top GOP candidates for Gov. this week on Tipping Point NM.

An APS BRAC?

05.03.2022

The Legislative Finance Committee’s new report on Albuquerque Public Schools has numerous points of value. One of the requests made in the recent report is that the District:

“Report to the LFC within a year on how it plans to adjust its facilities footprint to declining enrollment;”

May we recommend the District copy the federal “Base Realignment and Closure” model. According to Wikipedia, the BRAC process has been used to close more than 350 installations five BRAC rounds: 1988, 1991, 1993, 1995, and 2005. These five BRAC rounds constitute a combined savings of $12 billion annually. We would argue that BRAC is the single most important money-saving tool the federal government has come up with to date (that’s a low bar for a government that is $28 trillion in debt to be sure…)

The basic concept is that Congress appoints a commission with no political stake in the game and gives them a set of guidelines such as how much money to save and then the commission provides a list of facilities to close based on the mission of the military and overall need. That list goes to an up or down vote of Congress.

APS needs to address its “footprint” according to the report which notes that “Since FY12, APS square footage grew by 21 percent while
enrollment fell by 17 percent.” Also, the report cites a backlog of needed repairs at schools, a problem that could be alleviated by eliminating older, poorly maintained facilities. Those could be turned into in-demand charter schools or sold off for development (and to be put back on the tax rolls).

APS sends its hybrid back-to-school plan to PED for approval | KOB 4

 

Bob Clark podcast episode

05.03.2022

Rio Grande Foundation president Paul Gessing regularly appears on the Bob Clark Show on KKOB radio (every other Friday). His most recent appearance was Friday, April 29.

The episode elicited “outrage” from City Councilor Pat Davis (below):

Representative Yvette Herrell

05.02.2022

On this special podcast edition Paul sits down with New Mexico Congresswoman Yvette Herrell. She and Paul discuss redistricting and the changes made to her 2nd Congressional district. Rep. Herrell also discusses current economic, energy, and border security issues facing New Mexico that she is working on in Congress.

You don’t want to miss this special conversation!

Student loan forgiveness highly “regressive”

04.28.2022

According to news reports President Biden is seriously contemplating “forgiving” significant amounts of student loan debt. Currently that sees to be $10,000 per student, but we have no idea if and when this will be done. Already, the payment pause (put in place by President Trump early on in COVID) and retained by Biden despite the pandemic being largely considered over, has canceled approximately $5,500 per borrower. 

This is highly regressive public policy that will disproportionately assist those who are or will be the very highest earners.

Not surprisingly, the very biggest beneficiaries of student loan forgiveness are doctors and lawyers who often go into heavy debt, but have very high incomes. Perhaps more surprising to those who don’t follow politics closely, so called “progressives” are leading the charge for greater debt forgiveness. But, the modern left supports bigger government reflexively without serious consideration of who benefits from their preferred policies (see New Mexico film subsidies).

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More policy implications from LFC report on Albuquerque Public Schools

04.28.2022

The recent Legislative Finance Committee report on Albuquerque Public Schools has too much useful information for one post. We commented on some of the broader budgetary findings here.  Here is a chart from the report which illustrates the decline in test results thanks to Gov. Lujan Grisham’s policy of keeping students out of classrooms from March 2020 through March 2021. The test is given at the beginning, middle, and end of the school year in order to track student improvement.

While reading scores (on the left) were somewhat impacted by the lost year math scores (on the right) saw major declines

The following is also worth noting. While many parents and certainly the unions tend to push for smaller class sizes as a goal. The LFC report DOES focus attention on ways to improve student outcomes via coaching and increased use of data for instruction in the classroom. See below:

Michelle Garcia Holmes – Candidate for U.S. Congress – New Mexico Congressional District 1

04.28.2022

In the first of what will be a handful of “special” episodes of Tipping Point NM, Paul sits down with congressional candidate Louie Sanchez. Louie is a Republican businessman and entrepreneur running in New Mexico’s revised 1st District with a primary battle to be decided by voters on June 7. Based on recently redrawn maps, this district could be highly competitive for Republicans looking to unseat Democrat Rep. Melanie Stansbury.

New Legislative report says what we’ve been saying about Albuquerque Public Schools for a long time

04.27.2022

While coaxing action from one of the largest bureaucracies in the State of New Mexico will undoubtedly prove to be a challenge for the Legislative Finance Committee (LFC) just as it has for us, it is good to see the Legislature’s own analysts coming to some of the same conclusions as we have regarding Albuquerque Public Schools. Their full report is here.

A KRQE Channel 13 report has the highlights with the headline, “State report suggests Albuquerque Public Schools cut costs, combine classes.” But there is A LOT in this report which also notes that “APS has increased spending, despite a decrease in enrolled students. From the fiscal year 2012 to the fiscal year 2021, enrollment declined by 12% while actual spending increased by 23%.” This reflects what we have been saying about the District’s ballooning budget.

Curiously, while THIS report notes that APS “has more teachers than it needs. According to the LFC’s calculations, APS hired 492 too many kindergartens through 12th-grade teachers.” As recently as August of 2021 APS was saying there was a teacher shortage.

There is a lot to unpack in this report, so we will break things up into multiple components.

 

Tipping Point episode 397: National Media Gets It Wrong, NM Most Dependent on Federal Government and more

04.27.2022

RGF is now hiring. Find out more.

The media failed to include some important details on a recent CNM story. RGF Paul and Wally correct the record on CNM “cutting” programs.

Speaking of the media getting things wrong, a Politico story gets numerous facts wrong in its attempt to praise New Mexico Democrats on energy.

Friday was Earth Day. Paul and Wally celebrate the very real progress we’ve made on the environment:

Here’s how NM’s K-12 spending compares to our neighbors. Unfortunately results and spending are two very different things.

Her last health order was confusing. As it turns out MLG did extended the health emergency yet again, but until May 16.

A recent court victory on UNM Foundation transparency is a victory for good, open government.

A new study says NM is the most dependent US state on the federal government.

RGF recently had an opinion piece that ran regarding New Mexico’s economy and the unique opportunity the State has to put its economy on track. Even with an income tax Colorado’s economy performs very well thanks in large part to its Taxpayers Bill of Rights. Paul and Wally discuss how Colorado’s recently-announced rebates rival New Mexico’s, but are far superior overall because of TABOR’s systemic approach.

Sanctioned homeless encampments a terrible idea

04.27.2022

The Albuquerque Journal is half right in its recent editorial that IF they lead to the removal of unsanctioned camps, sanctioned encampments are worth a pilot project. Of course, the problem is that there is absolutely no reason to believe that sanctioned encampments will lead to an improvement in the overall “homeless” situation in the City.

Shockingly a City Council committee has advanced an amendment to the zoning code permitting up to 45 encampments throughout the City.

Based on a combination of logic and past experience, large numbers of encampments will lead to more so-called “homeless” flocking to Albuquerque and an even worse situation than before. Here and Here are a few authors who have written in detail about the issue and its impact on businesses and various parts of the City.

Incentives matter in human behavior (that’s the underlying principle of economics). Solving homelessness is likely beyond the capabilities of government, but unoccupied “tiny homes” continue to sit unused.

As the following video explains, helping those who want help, families, and others who are temporarily unable to find housing is important, but that is not the majority of the problem. Enforcement of property rights, not further erosion of our public spaces is necessary.

 

Natural gas prices on the rise

04.26.2022

Don’t look now, but an increasing number of news stories are predicting rapidly-rising natural gas prices. Natural gas generates approximately 20% of New Mexico’s electricity and remains one of the best options for inexpensive, reliable, rather green (and New Mexico-produced) electricity.

That doesn’t include home heating and cooking.

According to the article linked above and here from Yahoo News natural gas prices are rising due in part to “green” policies.

In the past, when natural gas became too expensive, power-plant owners would just dial down some of their gas-fired generators and turn up those burning coal, effectively putting a ceiling on demand and preventing prices from skyrocketing. But utilities’ move away from coal is shrinking inventories and drastically reducing their ability to pivot from gas, leaving the market more vulnerable to wild moves. “There is a path to some crazy prices,” said Paul Phillips, senior strategist at Uplift Energy Strategy in Denver.

See the chart below. As is the case when energy prices rise, the State’s budget will benefit, but energy consumers in New Mexico and beyond will suffer.

Colorado’s rebates rival New Mexico’s, but are far superior due to TABOR

04.25.2022

The Rio Grande Foundation has long advocated for legislation along the lines of Colorado’s Taxpayers Bill of Rights. The gist of the law is that it constitutionally limits government spending to the combined rates of inflation and population growth AT ALL LEVELS of government. Anything above that must be approved by the voters as must any tax or fee increase.

Finally, if revenues come in at a higher rate than approved under TABOR, the money must be refunded to taxpayers. A few years ago we at RGF analyzed the law based on how a similar one might impact New Mexico. We found that every man, woman, and child would have received an astonishing $786 back in 2019.

Given New Mexico’s massive budget surplus (driven largely by record oil production AND prices), spending went up more than $1 billion in the most recent budget. New Mexicans also saw tax reductions and rebates passed in the special session. Those are all good things, but Colorado’s law provides predictable, steady spending growth so spending and taxes don’t get out of control.

The following data shows how personal incomes in Colorado have far outpaced those in New Mexico in recent years. More information about details of TABOR can be found here. The law came into effect in 1992.

Perhaps unsurprisingly, even prior to the most recent spending boost (taking effect in FY 23), New Mexico government was MUCH larger than Colorado’s.

Opinion piece: Don’t waste New Mexico’s opportunity — get rid of income tax

04.25.2022

The following opinion piece ran in the Santa Fe New Mexican on April 22nd, 2022. The piece also ran in other newspapers throughout the state.

New Mexico is in a unique economic situation. Despite having the highest unemployment rate in the nation for all of 2022, our incredibly strong oil and gas industry, buoyed by high prices and rapid production growth, have given politicians in Santa Fe “more money than they know what to do with.” So, in the recent 30-day session, we saw spending grow by more than $1 billion and some significant tax cuts. Then, in a special session, rebates to be paid out to taxpayers and non-taxpayers alike.

The impetus to return money generated by the oil and gas industry to New Mexicans is welcome, but there are serious questions about the legality and logistics of handing out checks to those who don’t pay taxes to the state. Furthermore, asking the Tax and Revenue Department to hand out cash “only” to those who deserve it is an unenviable and impossible task that also seems to violate the state’s anti-donation clause.

But, after three years of Gov. Michelle Lujan Grisham and the Democrats raising taxes, it is hard to complain about getting money back.

Of course, this is an election year, and by all accounts, Democrats, including Lujan Grisham, face a challenging political environment. Rising inflation is never popular. And, as COVID-19 concerns wane and voters consider Lujan Grisham’s record in fighting it as balanced against economic concerns and their children’s educations and mental health, her record appears wanting.

A recent report from the National Bureau of Economic Research found that only New York and New Jersey performed worse than New Mexico did during the coronavirus pandemic. Considering that New Mexico’s economy remains weaker than our neighbors, that our kids missed more school and faced big declines in reading and math, and that none of this caused New Mexico to have particularly good COVID-19 outcomes in terms of lost lives, only lends credence to the report.

In the absence of a strong track record on these core issues, the governor clearly plans to use handing money generated by oil and gas for her political benefit. That may aid her reelection chances, but nothing she and the Legislature have done to date will improve New Mexico’s overall economy which remains challenged.

The fundamental economic problem New Mexico faces is its unattractive business climate. Addressing the gross receipts tax and its “pyramiding” and taxation of services as business inputs has been discussed for years now, but it is time to seriously consider bolder economic reforms like reducing or even phasing out New Mexico’s personal income tax.

Indeed, the personal income tax is expected to generate just over $2 billion in fiscal year 2023. That’s a lot of money, but New Mexico is in a financial position to reduce income tax rates over time. Combined with business-friendly gross receipts tax reform, modest budgetary restraint (annual spending simply can’t grow by 15 percent) and a focus on truly diversifying New Mexico’s economy could allow New Mexico to become income-tax-free.

Nine states already lack an income tax. Most New Mexicans know that Texas with its prodigious oil supplies does not tax personal incomes, but most other states lacking income taxes have nothing like our oil and gas revenues. Florida has no income tax. Same with Tennessee and South Dakota. New Hampshire has both no income tax and lacks a sales tax. None of them has significant oil revenues.

New Mexico has suffered economic and social mismanagement over the last few years. Record oil and gas revenues are helpful, but as New Mexicans contemplate the coming elections, it should be more apparent than ever that more spending has not and cannot solve the state’s social ills. It is time for genuinely bold solutions.

New Mexicans simply can’t allow this oil and gas-fueled opportunity to pass.

Paul Gessing is president of New Mexico’s Rio Grande Foundation. The Rio Grande Foundation is an independent, nonpartisan, tax-exempt research and educational organization.

Transparency at UNM Foundation a victory for open/good government

04.22.2022

An important decision just came down from a three-judge New Mexico Court of Appeals panel with the opinion written by Judge Megan Duffy in a case the Rio Grande Foundation has been tracking for several years.

The judge ruled that records generated by UNM’s Foundation are indeed public. This is an interesting case for Rio Grande Foundation because:

1) We strongly believe in donor privacy; but

2) UNM’s Foundation operates as an arm of a publicly-funded university. The ability to shift activities from a public to a private wing of the University is an attractive tool for keeping information that SHOULD be public, private instead.

3) There is nothing wrong with UNM having a foundation arm, but when you are dealing with a combination of public and private money, you can’t skirt the law by hiding it within the Foundation;

4) The Rio Grande Foundation does not accept taxpayer funding.

You can listen to an interview RGF’s president did with Daniel Libit, the man behind the lawsuit here.

Open Government, Office of Privacy and Open Government, U.S. Department of  Commerce

Happy Earth Day!: and things just keep getting better on our planet

04.22.2022

Despite all the doom and gloom from the media and radical environmentalists, the environment is in fact improving in many significant ways. Some of the data is below from Alex Epstein.

And, regardless of the CO2 emission issue (Epstein shows a vast increase over a longer term), the chart below that highlights the reduction in US CO2 emissions in recent years. Yes, the chart ends in 2020 which was a massive drop, but while emissions rebounded slightly in 2021  from pandemic lows (Biden’s first year in office) the trend continues downward.

U.S. CO2 emissions 2020 | Statista

Episode 396: Border Issues with Rodney Scott and Russell Johnson

04.22.2022

On this week’s interview Paul sits down with Rodney Scott, a retired chief of the US Border Patrol and Luna County rancher Russell Johnson.

Although the Rio Grande Foundation does not work directly on border policy issues, there is no question that what happens at the border impacts New Mexicans and is also newsworthy nowadays. This conversation separates border security from immigration policy while diving into several of the important issues facing the United States (and especially those living along the border) when it comes to border policy.