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F I S C A L I M P A C T R E P O R T

SPONSOR Sanchez, B.

DATE TYPED 3-7-05

HB

SHORT TITLE Precautionary Principles in State Government

SB SJM 54

ANALYST Collard

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HJM 24

SOURCES OF INFORMATION

LFC Files

Physicians for Social Responsibility (

www.envirohealthaction.org

)

National Centers for Disease Control and Prevention

Center for Environmental Health & Center for Chronic Disease Prevention & Health Promotion

Responses Received From

Department of Health (DOH)

Health Policy Commission (HPC)

New Mexico Environment Department (NMED)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

Senate Joint Memorial 54 requests DOH to establish an interagency precautionary principle task-

force to develop a long-term plan to implement the precautionary principle in New Mexico. The

precautionary principle means, that when activities potentially threaten human health or the envi-

ronment, actions should be taken that are precautionary to prevent harm even if cause and effect

relationships are not fully established scientifically. The taskforce is to be comprised of repre-

sentatives of communities, business, labor, municipalities, hospital and health care systems and

appropriate state agencies.

Senate Joint Memorial 54 -- Page 2

The plan is to include:

.

Identification of methods to stimulate implementation of United States Environmental Pro-

tection Agency’s (USEPA) “Tools for Schools” to promote safer environments for children

in the public school system;

.

Identification of methods to implement the use of safe products and programs in health care

facilities that includes recommendations for products and practices related to construction,

maintenance and pest management in those facilities;

.

Assistance for the General Services Department in creating and implementing and integrated

pest management program for state buildings and grounds;

.

Assistance for the Economic Development Department in identifying opportunities for and

benefits to businesses and industries resulting from the application of the precautionary prin-

ciple; and

.

Encouragement for municipalities to identify and assess the benefits of implementing the pre-

cautionary principle ordinances and policies in such areas as land use, vehicle choices and

maintenance practices, pest management and purchasing of cleaners, building and remodel-

ing materials, office supplies and electronic equipment.

The taskforce is to report its final plan to the legislative Health and Human Services Interim

Committee in October 2006. Copies of this memorial are to be sent to the secretaries of Health,

Environment, Public Education, Economic Development and General Services.

Significant Issues

NMED notes the joint memorial encourages implementation of the precautionary principle

throughout New Mexico especially in government programs. The principle holds that when an

activity raises threats of harm to human health or the environment, mitigation or abatement

measures should still be taken. The premise of the joint memorial is that all New Mexicans

have an equal right to live in a healthy and safe environment, and implementation of the precau-

tionary principle could promote that as well as reduce the ever-increasing impact on public

health resulting from exposure to environmental toxins.

Most environmental statutes contain components relating to prevention of pollution, recognizing

that “an ounce of prevention is worth a pound of cure.” For example, business entities are re-

quired to show progress in hazardous waste minimization and pollution prevention every year.

The joint memorial seeks to study how the precautionary principle could be integrated into state

government, focusing on children’s health, health care facilities, land use, and ordinary state

government activities such as procurement of vehicles, cleaners, building materials, and office

and electronic equipment. The city of San Francisco has used the precautionary principal as the

framework for city ordinances including: the Integrated Pest Management Ordinance, the Re-

source Efficient Building Ordinance, the Healthy Air Ordinance, the Resource Conservation Or-

dinance, and the Environmentally Preferable Purchasing Ordinance.

The taskforce is also directed to give attention to issues of indoor air quality and how this might

be improved, such as using carpets that do not produce harmful fumes, using pest control prac-

tices that minimize or eliminate the use of pesticides, controlling mold, improving ventilation,

and using nontoxic cleaning agents.

NMED notes the joint memorial requires that the taskforce identify methods to stimulate further

Senate Joint Memorial 54 -- Page 3

implementation of the USEPA Indoor Air Quality Tools for Schools. The Tools for Schools kit

shows schools how to carry out a practical plan of action to improve indoor air problems at little

or no cost using straightforward activities and in-house staff. The voluntary guidance in Indoor

Air Quality Tools for Schools can save schools time and money so that attention can be directed

to educating children. Indoor Air Quality Tools for Schools is co-sponsored by the National Par-

ent Teacher Association, National Education Association, Council for American Private Educa-

tion, Association of School Business Officials, American Federation of Teachers, and the

American Lung Association. The Tools for Schools kit includes checklists for all school employ-

ees, a flexible step-by-step guide for coordinating the checklists, an Indoor Air Quality Problem

Solving Wheel, a fact-sheet on indoor air pollution issues, and sample policies and memos. In

New Mexico, the Tools for Schools program has been implemented in schools in the Albuquer-

que and Gasden School Districts by a NMED contractor through a USEPA grant. The program

has been very successful.

NMED maintains an Office of Pollution Prevention directed at implementing pollution preven-

tion measures throughout both the public and private sectors in New Mexico. NMED’s Green

Zia program has demonstrated that real dollar savings are realized through implementation of

pollution prevention measures. In 2004, Green Zia participants saved over 1.5 million dollars, 2

million gallons of water, 4 million kWh of electricity, and recycled over 62 tons of material

through the employment of pollution prevention techniques within their organization

FISCAL IMPLICATIONS

There is no appropriation contained in this joint memorial.

DOH indicates it will participate in the taskforce and contribute to the study to the extent re-

sources are available.

NMED notes implementation of the precautionary principle through taking pollution prevention

measures in state government could save the state millions of dollars should the state engage in

“green purchasing” or “green building.” The need for environmentally friendly products that

would be generated by the implementation of the precautionary principal within state govern-

ment might also stimulate the development of new “green” industries in New Mexico, thereby

fostering economic growth.

PED notes this process takes approximately 160 hours of an Education Administrator – A’s time

at $25.06 per hour plus benefits, for a total estimate of $5.2 thousand.

DUPLICATION

Senate Joint Memorial 54 duplicates the House Government and Urban Affairs Committee sub-

stitute for House Joint Memorial 24.

OTHER SUBSTANTIVE ISSUES

DOH indicates the precautionary principle is a cost-effective approach to health because it could

prevent environmental exposures that can degrade health. When environmental exposures have

occurred, it is technically difficult and expensive to quantitatively assess such exposures and

their health consequences for New Mexicans. These technical difficulties are due, in part, to gaps

Senate Joint Memorial 54 -- Page 4

in the scientific data such as toxicology. They are due to an unclear understanding of the quantity

and health effects of multiple exposures that makes it difficult to assess the effects of a single

exposure. Assessments of the health impacts after environmental exposures have occurred are

also limited by funding to conduct such evaluations.

It is known that concentrations of environmental contaminants are increasing in people and that

certain chronic diseases which may be associated with these exposures are also increasing in-

cluding certain types of cancer, neurological diseases (Alzheimers, Parkinsons, Multiple Sclero-

sis, ALS), autism, asthma, and certain birth defects.

In addition to the decreased lifespan and quality of life, the financial costs of chronic diseases,

including those cited above, are a huge burden to society estimated at $1 trillion nationally.

In many cases, implementation of the precautionary principle can produce alternate methods that

reduce exposures to environmental toxicants. For example, integrated pest management, can re-

duce pesticide exposures at less cost than indiscriminant use of pesticides. Similarly, substitution

of a less toxic product for a more toxic one can often be made without significant cost impacts. It

is possible that there are many situations in state operations where a potentially toxic practice is

being continued simply because no one has considered using an alternate product or method due

to lack of information.

This proposed task force would evaluate such practices and determine if there are cost-effective

means of reducing exposures in state office buildings and facilities.

The NMED Air Quality Bureau has received inquiries and complaints regarding indoor air qual-

ity, but has few regulatory mechanisms for managing these complaints. Enhancing the Tools for

Schools program is an effect way to address indoor air quality issues for our children.

KBC/yr