Draft resolution to establish a State of New Mexico owned public bank

Here is a copy of a draft resolution that I will be submitting to the Bernalilo County administrations for consideration in upcoming agenda.

Draft Resolution in Support of Public Banking in NM by Bernalillo County

Whereas, public bank in many Countries have proved to provide economic benefits to their citizens, and

Whereas, the Bank of North Dakota, the only State in the United States of American, has demonstrated its ability to create those benefits since its Founding in 1919, and

Whereas, those benefits include the creation of New Jobs and heightened economic growth, generation of new revenues for the state, Reduction of Debt costs for local governments, strengthening of local banks, evening out of credit cycles, and support for small businesses, and

Whereas, the State of the New Mexico is experiencing slower economic growth than its regional neighbors, and

Whereas, New Mexico Small Business a suffer from a lack of available capital for expansion and daily business activities, and

Whereas, fledgling business often benefit more from debit capital than equity but find both difficult to attain, and

Whereas, community banks in New Mexico also suffer fro lack of access to capital to lend to New Mexico Enterprises, and

Whereas, it is harmful to the citizens of the state of New Mexico to pay out-of-state banks totals 35% and more in interest on capital outlay projects, and

Whereas, the State of New Mexico faces continuing budget crisis that limit its ability to respond to infrastructure needs of its citizens, and

Whereas, community bank in New Mexico are face overwhelming competition from National banks that have been deemed “too Big to Fail” and have been saved from failure only by massive infusions of taxpayer funds, and

Whereas, investments in State enterprises is necessary to counteract the effects of both normal and extraordinary economic cycles but often unavailable when it is needed most, and

Whereas, the ability to respond to local emergencies is best served by having local funding available, and

Whereas, the ability to make loans to strategic industries identified by the State of New Mexico could help direct development of vital sectors of our economy, and
Whereas, the publicly owned bank is cognizant of NM being the number ONE capital emitter of GHGEs emissions recognizes the necessity of drastic carbon emissions cuts, and

Whereas, the public owned bank is to remain divested from fossil fuel extraction industries and the military industrial complex contractors and invest in clean renewable energy in order to meet the safe level of carbon emissions to 10% of its current levels, and

Whereas, the public owned bank supports a state tax structure where reliance on fossil fuel industry lessened and eliminated,

Whereas, a publicly owned bank could provide low interest loans for education our students, and

Whereas, the interest earned from loans made to New Mexico public agencies is currently paid to banking institutions based in other states but could represent significant income to the state treasury , and

Whereas, New Mexico businesses and private citizens would benefit from banking services that base their decisions on the welfare of the state and its residents rather than on the welfare of the shareholders,

Now therefore, the County of Bernalillo calls for the establishment of a publicly owned bank and supports the State of New Mexico establishment of a publicly owned bank. 

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This is the resolution that will be submitted to Bernalillo County Commission in response to the #DeFundDAPL campaign in support of the Standing Rock Souix Tribe, Oceti Oyate Camp and Sacred Stone Camp and the courageous water protectors who endured human rights violations through totalitarian repressive tactics stood up to protect sacred water, bring awareness to Treaty issues and indigenous rights that have been ignored for too long. The world watched and the people are responding to corporate greed and the oncoming storm ahead. It is time we protect our assets,
Our water and air. Divest from fossil fuel and transition to a a local Economy. A people's bank that is a long term divestment from fossil fuel and establishes a fossil fuel free tax structure for the State.

Fiscal agents do not currently exist in the banking system that have the services available that municipalities need. Therefore, the establishment of a public owned bank is need in order to the transitioning from Fossil Fuel in NM. We can ask these entities to divest but they have to be able to go somewhere else the money. Credit unions and community bank cannot handle these investments because they are not set up for it. This is a draft proposal subject to change
but I thought it important to start a public education on the need for a public bank right from the start. 

I will be introducing this draft for their consideration at the January 10 #DeFundDAPL public comment asking that this issue be set on a future agenda for consideration.

Also, we need to change the tax structure of the state so it does not rely on the Fossil fuel industry or the military industrial complex Contractors for its support. Its time to send the message. Please PM me for suggestions and advice. thanks - Elaine Cimino

OpEd January 10th #NoDAPL Global Coalition Bernallillo County Meeting to Divest form Fossil Fuels

On January 10^th  #NoDAPL Global Coalition and Fracking the Rio Grande Valley will be demanding that Bernalillo County divest from Wells Fargo’s fossil fuel investments strategies. [i] [ii]

We demand that the County of Bernalillo cancel its banking relationship with Wells Fargo.

We furthermore demand that the County Of Bernalillo issue a new Request For Proposals (RFP) for fiscal agent services that includes preference given to financial institutions who do not invest in large-scale new fossil fuel infrastructure damaging our climate and democracy.

We act in solidarity with the global #DefundDAPL campaign that has successfully divested 10s of millions of dollars to date from the banks financing DAPL.

Still better, we demand that the County of Bernalillo accelerate the process for establishing a Public Bank so that the County is not entangled in another four-year commitment to any other banking institution than its own Public Bank.

Our Public Bank will not invest in DAPL, it will invest in projects that benefit our own community.

We are providing a resolution for Bernallio County to start divesting from Fossil fuels and support renewable and clean energy. 

Public pressure can force DAPL’s lenders to confront the reality that they are backing companies who are openly violating human rights, defying the rule of law, undermining the regulatory process, and threatening our planet with climate change. Now is the time to use our power as consumers and customers to demand these banks divest from DAPL.

Bernalillo County and the City of ABQ actions will show us where they stand.  What will it be, Oil or Water?[iii]

Air emissions in the San Juan Basin are the 1^st per capita in GHGE. [iv] The San Juan Basin emits  more than the Porter Ranch leak did in its entirety  in Los Angeles. NM is one of the largest emitters of GHGEs in the lower 48 states. [v] We must stop it. NOW! 

Divest from Wells Fargo and invest locally. The banks responsible for the crash in 2009 should no longer be rewarded with tax dollars for investments. [vi] WELLS FARGO MADE A RISKY INVESTMENTs IN DAPL with New Energy Transfer and SUNOCO Oil they believe they deserve,  no matter what the costs are to communities, to people and to nature they roll over everything in their path. If allowed they will continue to contaminate water and spew toxic air emissions that drives climate change, destroys water sources and endangers health.

We have a way to fix the budget in this State.

We can implement an impact fee and dividend system with a new revenue stream that cuts emissions and supplements the budget concerns around the funding of a dying industry. Jobs would be created to turn off emissions and could be designed to give rebates to resident for economic stimulus. [vii] A stimulus can be creatively designed for cities, counties and states.  

Please transition away from supporting banks that invest in fossil fuel. It comes down to OIL OR WATER? [viii]

We are sending a message to that we must protect our water, stop current emissions! Keep it in the ground! [ix]

Everyone can do the same  and vote with your packet book, divest from banks that support fossil fuel investments.  We should all be water protectors.

MNI WICONI! Water 

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[i] San Diego and Las Vegas Vow to go Carbon Free La times Article

[ii] Seattle moves closer to divestment

[iii] http://standwithstandingrock.net Video on Standing Rock

[iv] SJB First in Per Capita Methane releases

[v] Emission from the San Juan Basin  

Camera Exposes methane leaks in San Juan Basin

Earthworks Petition to Stop Methane Emissions

NM Hot spot on methane emissions link

[vi] Wells Fargo Fails in Community Investment

[vii] NM Fee and Dividend System to Cut Carbon Emissions  Powerpoint available

[viii]

EPA's Study of Hydraulic Fracturing and Its Potential Impact on Drinking Water Resources

[ix] DEFUND DAPL

OpEd Oil Industry, #NoDAPL and Fracking Ordinance in Sandoval County

The Fossil Fuel industry threatens our drinking water supplies and air quality of Albuquerque and the Rio Grande Valley that will exacerbate extreme drought conditions and cause health impacts. We could see these impacts very soon because Albuquerque and Rio Rancho  now face similar property takings as the Pine Ridge and Standing Rock  Sioux Nations are now experiencing  and hundreds of other communities across the US 

The water protectors are here to tell you that “The DAPL FIGHT IS NOW ON YOUR DOORSTEP! [i]

On November 20^th, 2016, the excessive force violence water protectors endured maimed and injured nearly 300 protectors with paramilitary using surveillance, tear gas, rubber bullets, sound cannons, water cannons with impunity against unarmed prayerful citizens. [ii]North Dakota white nationalist Morton County Sheriff inflicted this violence with the help of TigerSwan, (A.K.A. Blackwater) paramilitary operations.  The para-militarized border at Standing Rock is repressive, Illegal and unconstitutional.

According to Former Mayor Jim Baca’s Blog that Mayor Berry has considered using TigerSwan, (A.K.A. Blackwater) paramilitary operations to counter freedom of assembly and free speech in Albuquerque, all in the name of public safety.[iii] Mayor Berry and Brad Winter armed with the knowledge of 8,000 wells West of Albuquerque and potential resistance is considering paramilitary response to use on the citizens of Albuquerque  giving them a foothold into the State of New Mexico.  Are they going to paramilitarize the West Mesa like they did Standing Rock Sioux Tribe?

This is an industry that has corrupted and has colluded with government officials and legislators to ignore regulations, laws, and invade state agencies to write bogus ordinances and allows de-regulation that govern oil industries whose private profits supersedes without regard for the millions of people in this country that have property taken and their health and welfare ruined in the process.

WPX is one of the most egregious air emitters and dirtiest corporations operating in NM and now shamefully, the Governor appointed this huckster CEO head of the Oil and Gas Conservation Bureau. We have no State Government protecting us from oil and gas takings.[iv]

The oil and gas ordinance that is currently being written for Sandoval County is a sham, in that Industry has had input. The OAG Found Sandoval in Violation of IPRA [v] needless to say the County still refuses to give us the safety plans we asked for.  Meanwhile, the group of 40 NM residents working on this ordinance, working to protect their water and air are left out of the process and will be collateral damage, as they have been disenfranchised from the process.[vi] The democratic process in New Mexico is at imminent risk because the people’s voices go unheard. A government that does not protect its citizens from health and welfare risks becomes the corporate state of inverted totalitarianism. 

These type of considerations are shameful and opens government up to more litigation at the taxpayer expense, it is the wrong approach for all.

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[i] TYT Video Link It's time to Stand with Standing Rock Sioux Tribe

[ii] Water Protectors maimed in attack from Morton County

[iii] Jim Baca's Blog Post Oct 24, 2016  Mercenary

[iv] Martinez appoints WPX Executive to top post

[v] OAG Determination Letter Attached

[vi] NM Tech policy Institute  Ordinance process Highjack

Sandoval County Violates IPRA to support oil and gas industry

Our group requested the tactical response safety plans for and oil and gas pipeline explosion and or other industry facilities. The county violated IPRA and redacted  the information stating national security. The OAG weighed in by investigating and found the county had violated the IPRA. Their attorneys are fleshing this out.

In the meantime,
We sent this letter to the Sandoval County Commission

Sandoval County Commissioners      November 8, 2016                                                             

County Manger Philip Rios 

RE: IPRA Violations on Public Record Request Concerning Oil and Gas safety procedures. 

Dear Sandoval County Commissioners and County Manager Mr. Rios,

We are writing to make our final request for the Sandoval County tactical safety plans surrounding the oil and gas industry pipelines and other facilities.  On Sept. 4^th, we requested the Tactical safety plans concerning spills, fire explosions and other catastrophic events.

We were denied the plans through arbitrary and capricious actions of Fire Chief Maxon, who stated that we, “did not have the “expertise” to decipher the county safety plans” in the case of a catastrophic event.  He therefore redacted the information later claiming national security reasons. We find these claims to be false and in violation of IPRA. We requested an opinion of the Office of the Attorney General (OAG). This is now the second time within the year the County has been found in violation of IPRA on our IPRA requests. It has been noted that the County is remarkably lazy on following the law.

The Office of the Attorney General read the County’s response to their Oct 6^th letter inquiring about the situation surrounding the redaction of public records and violations of the IPRA 3-day and 15-day notice and their incorrect and false reasoning for redaction of the records. The Attorney General will be contacting the County in regards to these violations.  

Furthermore, we are making one last ditch effort to request these plans prior to filing in New Mexico District Court.

The County appears to be pushing the ordinance through before the end of the year because they want to pass the ordinance without full disclosures of their safety plans in case of accidents, explosions and contamination of water, air and risk the public health and safety.

By not releasing public information the county appears to be willing to risk the public safety in order to appease the oil and gas industry and multinational banks ready to drill over 8,000 wells with all the ramifications of that decision.

If this is not the case then release the information requested.  We hope that this issue can be resolved without further litigation. Thank you

Respectfully,

Elaine Cimino 

Benton Howell

City and County Draft Oil and Gas Ordinances

The City of Rio Rancho and Sandoval County have drafted oil and gas ordinances, spurred by last year’s bid by an Oklahoma company to drill for oil just outside the Rio Rancho city limits.

The Sandoval County Planning and Zoning division will hold two public meetings to review the county’s draft ordinance.

The meetings are scheduled for Tuesday and Tuesday, Sept. 6, from 6 to 8 p.m. in the commission chamber in the county administrative building.

http://riorancho.granicus.com/MediaPlayer.php?view_id=12&clip_id=1211&caption_id=1331852

This video is from the meeting of August 16 when the draft discussion first appears online prior July 27 meeting it was only a proposal of draft no one was hired to write at that time.

A digital copy of the 30-page draft can be viewed on the county’s website, as well as at the county’s administrative office.

City councilors discussed the 14-page draft at a work session earlier this month.

The city’s ordinance will be available to the public once it has been finalized and presented to the governing body.

No date has been set for a regular governing body reading of the ordinance.

Prompting the proposed ordinances was SandRidge Energy’s application last fall to drill an exploratory well in the Rio Rancho Estates area.

The Oklahoma City-based company withdrew its application in February amid public protests about the project and disagreements between the company and county regarding application requirements.

At the time, neither the county nor Rio Rancho had ordinances addressing oil and gas drilling.

City Manager Keith Riesberg told city councilors during the Aug. 16 work session that city staff began creating an ordinance shortly after SandRidge filed its application.

“Even though the SandRidge application was withdrawn from the county, this issue has not gone away in that it is our understanding that AMREP has contracted the mineral rights for their properties, so we do expect this is going to be an issue that will resurface at some point in time,” Riesberg said.

Both drafts borrow language from established ordinances in other communities.

Maria O’Brien of the Modrall Sperling law firm worked on the ordinance with city staff as the city’s legal counsel. She said the city considered ordinances in Hobbs, Farmington, Bloomfield and in other municipalities in Colorado.

During a county commission workshop in April, Michael Springfield, director of the county’s planning and zoning department, said the county looked at oil and gas ordinances in Rio Arriba, San Miguel and Santa Fe counties.

O’Brien said city staff is trying to create an ordinance that is neither too strict nor too lenient, and also gives the city the option to require an applicant to meet specific or different requirements.

“It’s this balance between having the ordinance be like Bloomfield’s, going on for 50 pages and trying to address every little thing, as opposed to having a general framework, minimal requirements, but then reserving the rights of the city based on a specific proposal to propose additional requirements to effectuate the intent and purpose of the ordinance, which is to protect the public health and safety,” she said.

Both drafts require applicants to provide exploration, production, emergency and road plans. The county would require plans for storm water pollution prevention, waste disposal plan and site remediation.

The city ordinance would prohibit an applicant’s proposed drilling site from being any closer than 300 feet to any building, or production equipment from being closer than 750 feet to any building in the city limits — unless the building is owned or controlled by the applicant. No well would be allowed within 5,000 feet of a municipal water supply well.

The county’s ordinance proposes similar limitations. It would allow no oil or gas facility within 1,000 feet of a ground water recharge area. The facility would have to be at least 600 feet from residential property or lot line, 750 feet from a place of worship or school, 750 feet from an existing water well and 200 feet from a public road.

Fencing and locked gates for drilling sites are required within both ordinances.

The city ordinance requires a site’s disposal for waste to comply with the city’s and state’s air and water pollution control regulations.