HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE JOINT MEMORIAL 24

47th legislature - STATE OF NEW MEXICO - first session, 2005

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF HEALTH TO ESTABLISH AN INTERAGENCY PRECAUTIONARY PRINCIPLE TASK FORCE TO IDENTIFY WAYS TO IMPLEMENT THE PRECAUTIONARY PRINCIPLE IN NEW MEXICO, INCLUDING PROMOTION OF ENVIRONMENTALLY SAFER SCHOOLS AND HEALTH CARE FACILITIES, TO ADOPT INTEGRATED PEST MANAGEMENT PROGRAMS IN STATE BUILDINGS AND TO ASSESS THE ECONOMIC BENEFITS TO THE STATE OF APPLYING A PRECAUTIONARY APPROACH.

     WHEREAS, every New Mexican has an equal right to a healthy and safe environment; and

     WHEREAS, Article 20, Section 21 of the constitution of New Mexico affirms that "the protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people."; and

     WHEREAS, a principle for guiding activities to prevent harm to the environment and harm to human health has been emerging during the last fifteen years and is known as the precautionary principle; and

     WHEREAS, the precautionary principle holds that when an activity threatens harm to human health or to the environment, precautionary measures should be taken, even if cause-and- effect relationships are not fully established scientifically; and

     WHEREAS, taking precautionary action is the common sense idea behind many adages, such as "be careful", "better safe than sorry" and "look before you leap" and is inherent in the understanding of the Hippocratic oath of "first, do no harm"; and

     WHEREAS, the concept of precautionary action is the basis of many activities designed to protect the health and safety of United States citizens, such as requirements of the federal food and drug administration that call for new drugs to be tested before they are placed on the market and requirements of the federal Occupational Safety and Health Act of 1970 that require employers to provide safe workplaces and working conditions; and

     WHEREAS, the precautionary principle has been incorporated in international environmental treaties and in health, environment and educational policies of numerous governmental entities in the United States, including the city of San Francisco and the state of Massachusetts; and

     WHEREAS, many New Mexicans are exposed to hazardous toxins in their homes, schools, workplaces and communities and can suffer negative health consequences as a result; and

     WHEREAS, the precautionary principle is a highly effective decision-making tool for reducing negative and costly effects on public health resulting from exposure to environmental toxins; and

     WHEREAS, there are approximately eighty-five thousand industrial chemicals in use today, most of which have not been adequately tested for toxicity; and

     WHEREAS, many conditions, including asthma, cancer, Alzheimer's disease, Parkinson's disease, birth defects and chemical sensitivities, have been linked to environmental toxins; and

     WHEREAS, the precautionary principle focuses on opportunities to promote environmental and economic justice, including meaningful participation of communities in decisions affecting their citizens' health, to protect the environment and to safeguard the health of all New Mexicans;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of health establish an interagency precautionary principle task force that includes representatives of communities, business, labor, municipalities, hospital and health care systems and appropriate state agencies to identify ways to implement the precautionary principle in New Mexico; and

     BE IT FURTHER RESOLVED that the task force identify methods to stimulate further implementation of the federal environmental protection agency's indoor air quality program known as "Tools for Schools" to promote safer environments for children in the public school system; and

     BE IT FURTHER RESOLVED that the task force select ways to implement a safe products and safe practices program in health care facilities that includes recommendations for products and practices related to construction, maintenance and pest management in those facilities; and

     BE IT FURTHER RESOLVED that the task force assist the general services department in creating and implementing an integrated pest management program for state buildings and grounds; and

     BE IT FURTHER RESOLVED that the task force assist the economic development department in identifying opportunities for and benefits to businesses and industries resulting from the application of the precautionary principle; and

     BE IT FURTHER RESOLVED that the task force encourage municipalities to identify and assess the benefits of implementing precautionary principle ordinances and policies in such areas as land use, vehicle choices and maintenance practices, pest management and purchasing of cleaners, building and remodeling materials, office supplies and electronic equipment; and

     BE IT FURTHER RESOLVED that the task force submit reports on its findings, recommendations and progress to the legislative health and human services committee at its October 2005 meeting; and

     BE IT FURTHER RESOLVED that copies of this memorial be sent to the secretaries of health, environment, public education, economic development and general services.

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