Senator Candy Ezzell has expressed strong opposition to the recently passed Senate Bills 21 and 22, asserting that the legislation undermines local government authority and could lead New Mexico to face issues similar to those in California. Ezzell shared her statement in a press release on February 26.
"This is clearly another attempt by Democrats to 'Trump proof' our state in anticipation of impending federal policies," said Candy Spence Ezzell, New Mexico State Senator. "I have little faith in the Environmental Department's ability to manage this significant increase in responsibility. Undermines the authority of local governments."
According to the New Mexico State Legislature, Senate Bill 21, titled the "Pollutant Discharge Elimination System Act," proposes that New Mexico assume authority over federal water quality permitting processes within the state. This legislative move shifts permitting, compliance, and enforcement duties from the U.S. Environmental Protection Agency (EPA) to the New Mexico Environment Department, thereby granting the state more direct control over its water pollution regulations.
Senate Bill 22 proposes amendments to the Water Quality Act, introducing new definitions and provisions aimed at regulating water pollution. It seeks to enhance the authority of the Water Quality Control Commission (WQCC) by allowing the denial of permits that could lead to contaminant levels exceeding downstream state or tribal water quality standards. The bill also establishes the "neglected and contaminated sites fund" and revises the existing water quality management fund to support the management and remediation of polluted sites.
A study by the Texas Agricultural Extension Service reports that environmental regulations, such as the Clean Water Act (CWA) and the Endangered Species Act (ESA), impose restrictions on landowners, ranchers, and farmers, often limiting their ability to use their land freely. The CWA regulates point source pollution and mandates permits for certain agricultural discharges, including runoff from concentrated animal feeding operations (CAFOs). Meanwhile, according to this study, ESA can restrict agricultural activities if land is deemed critical habitat for protected species, resulting in legal disputes, increased compliance costs, and potential restrictions on traditional farming and ranching practices.
Ezzell is a lifelong farmer, rancher, and former state representative from Artesia, NM. She served in the New Mexico House from 2005-2024 and chaired the House Agriculture, Acequias, and Water Committee. A lifetime National Rifle Association (NRA) member, she and her husband own a 27-section cattle ranch near Roswell.
