Tuesday, April 22, 2008
SWOP homepageABQ Journal: Council Rejects Rule on TIDDs
Journal article.
By Sean Olson, ABQ Journal
City councilors on Monday narrowly shot down a bill to limit incentives the city could use in certain tax increment development districts.
The tax districts allow developers to divert sales and property taxes that would have gone to the city from within a district to pay for roads and other infrastructure.
Opponents said at the meeting that the council already has the ability to confirm or deny an application for the tax districts on a case-by-case basis. The legislation would have only limited the council's ability to find more economic opportunities for taxpayers, they said.
"I think this slams the door shut to (prospective companies)," Councilor Ken Sanchez said at the meeting Monday.
Proponents said the bill would have simply established guidelines for district applications— saving resources for both taxpayers and developers.
Councilor Rey Garduño said that guidelines are set by the council often to save time. He used land-use issues as an example.
"Can you imagine if we had to examine every single zoning issue?" Garduño said.
The measure would not have affected districts inside the 1979 city boundaries, districts in a metropolitan redevelopment area— an urban rehabilitation project, for example— or districts already approved by the council.
In the remaining parts of the city:
Developers would only have been able to divert property taxes.
Diversion of those taxes would have been capped at 33 percent of the total collected. Residential developments would not have been eligible for a district.
The council rejected the bill on a 5-4 vote, with Sanchez, Trudy Jones, Don Harris, Brad Winter and Sally Mayer voting against the measure. Garduño, Michael Cadigan, Isaac Benton and Debbie O'Malley voted for it.
Some of the councilors said they saw the legislation as an affront to their ability to intelligently analyze future applications for the districts.
Jones said she found it "offensive."
"It is almost as if we can't be trusted if we don't pass this legislation," Mayer said.
Cadigan, who sponsored the bill along with Benton and Garduño, said it was not meant to be offensive. It was meant to remind the city not to "succumb to temptations," such as the promise of new jobs, that might not be delivered by a developer, Cadigan said.
Benton warned the council to not think of the districts as the only way to ensure planned growth on the fringes of the city— one of the benefits of the districts touted by supporters.
"I think that's a failure of planning policy," Benton said.
Councilors passed similar legislation late last year, but it was vetoed by Mayor Martin Chávez.
Labels: Albuquerque City Council, Civic Engagement, corporate welfare, Corruption, TIDD
Monday, April 21, 2008
SWOP homepageABQ Journal: Subsidizing Growth on Fringes of City Wrong Policy
Albuquerque City Councilors
Many decisions guiding Albuquerque's transportation and land use trends over the past several decades have contributed to sprawl, loss of open space, global warming and poor air quality.
Rapid development has increasingly occurred on the city's edges, contributing to New Mexico's rank as sixth in the nation for vehicle miles traveled per driver— about 18,500 miles per driver per year. Between 1980 and 2005, New Mexico's population grew by 48 percent, but our vehicle miles traveled grew by 112 percent. As a result, vehicle emissions are the fastest growing and second largest source of carbon dioxide emissions in the state.
Sprawling growth trends in Albuquerque also mean that the open space and working landscapes that we value in New Mexico are disappearing. Nationally, according to the American Farmland Trust, the United States loses 3,000 acres of farmland to sprawl every day.
Many other cities around the country have made decisions to increase affordable residential options in their urban centers and guide development toward vacant land within the city's core, where residents who need it most can access public transit to and from work.
Such leadership would also protect valued open space and working landscapes around Albuquerque such as our deserts, mountains, grasslands and rivers— and the tourism, jobs, watershed protection and quality of life that these places provide.
The city of Albuquerque, however, with the help of the state's Tax Increment Development District (TIDD) policy, has done the opposite by subsidizing sprawling "greenfield" development on the city's fringe.
Tonight, the Albuquerque City Council will consider an ordinance that would get us moving in the right direction by limiting the city's use of TIDDs.
Although originally used to incentivize urban infill development where revitalization efforts would not occur otherwise, TIDDs could fuel development on the outskirts, providing up to 75 percent of the district's incremental gross receipts and property tax revenues for up to 25 years.
By subsidizing the growth of development on the city's edges, state economists estimate that even more homebuyers and businesses will be lured out of the existing community and into the fringe developments, cannibalizing our urban core and increasing hazardous automobile emissions throughout our city.
We strongly support this ordinance limiting the use of TIDDs to within the 1979 boundaries of the city, as defined in the Planned Growth Strategy, within a metropolitan redevelopment area or in a reserve area in which City Council has previously approved a TIDD. TIDDs would be allowed outside of the 1979 boundaries only if the subsidy were consistent with the No Net Expense Policy and was limited to non-residential development only.
The bill would exclude the use of gross receipts taxes to pay for TIDDs, a risk to taxpayers at a time of economic uncertainties and declining state revenues. By allowing state gross receipts taxes to be committed to providing sprawling infrastructure for such developments, New Mexico's TIDD policy has become the most generous to developers in the nation.
If we're going to reduce pollution and protect what we love about our community, we need to end incentives that drive development to our edges and instead promote smart, infill development and redevelopment. This ordinance will bring forward-thinking leadership to protecting Albuquerque's environment and quality of life.
Lauren Ketcham, director of Environment New Mexico, and Javier Benavidez of Conservation Voters New Mexico also contributed to this commentary.
Labels: Albuquerque City Council, Campaign for a Better New Mexico, TIDD
Monday, March 17, 2008
SWOP homepageSunCal Defaults on Loans: ABQ Journal 3/17/08
In the least it shows "a pattern of financial irresponsibility." I'd say it's more like a pattern of ripping off tax payers and hurting state, city and local governments through deception and cluelessness.
URL: http://www.abqjournal.com/news/metro/294172metro03-17-08.htm
California-based SunCal, developer of Albuquerque's massive Westland project, has had a rough year with some of its California and Nevada ventures— but insists that will have no bearing on its plans here.
SunCal Companies defaulted on $184 million in loans— losing five properties in foreclosure. At least nine lawsuits are pending in those states.
Moody's last month removed a bond rating on one SunCal company responsible for four developments in Southern California.
About $17.5 million in liens have been filed in two of its California projects.
But SunCal, which bought 57,000 acres from the heirs of the Atrisco Land Grant on the West Side last year for $250 million, insists none of its struggles to the west will affect the Westland project here.
"The issues involving some of our other developments have no bearing on Westland, as each is a legal entity that is separate from the other," SunCal senior public affairs vice president David Soyka said in an e-mail last week. SunCal, along with investor D.E. Shaw, financed the Westland purchase, Soyka said. The companies used more than $100 million in equity and some third party debt, Soyka said.
Barclays Capital loaned money for the transaction and holds a deed of trust for the land, he said. That means, if SunCal defaults on its payments, Barclays would gain control of the land.
Bernalillo County, which has been negotiating with SunCal to provide tax incentives for the first 4,000 acres of the development, is not at risk if the company runs into money trouble in New Mexico, County Manager Thaddeus Lucero said Thursday.
The county was not aware of financial difficulties for SunCal in other markets until a Journal inquiry, Lucero said.
Money problems
SunCal divides its projects among a number of separate companies with differing financial backers and partners.
Among the problems in the past five months:
- A 1,300-acre development in Sparks, Nev., was returned to lender D.B. Zwirn after SunCal defaulted on a loan worth $35 million.
- Three apartment complexes in Orange County, Calif., were returned to D.B. Zwirn after SunCal defaulted on a separate loan. This one was worth $75 million.
- A roughly 500-acre development in Shafter, Calif., was returned to lender Lennar Corp. after SunCal defaulted on a $74 million loan, SunCal confirmed.
-Moody's lowered one SunCal company's bond rating from "substantial risk" to "in poor standing" on Dec. 20. Moody's removed the bond rating altogether Feb. 21 for "business reasons." It was the only SunCal company with a bond rating, Soyka said.
-About $2.5 million in liens have been filed against the company in a San Clemente, Calif., project, according to a lawsuit. Another $15 million in liens were filed against a 2,000-acre project in Bakersfield, Calif., The Bakersfield Californian reported.
-California contractor McCoy and Sons Inc. sued SunCal in November for $940,000, claiming SunCal never paid it for services. SunCal has counter-sued for $25,000, calling the McCoy and Sons' work faulty.
- Genesis Golf Course Builders of Nevada filed a lawsuit in December claiming SunCal still owes it $830,000 for a Greg Norman-designed golf course Genesis built in Bakersfield. SunCal had no comment on the lawsuit.
- Young and Associates filed a lawsuit last month claiming SunCal owes it $275,000 for utilities installed in a Los Angeles County development. SunCal had no comment on the lawsuit.
"Like every other home-building and development company, we are facing market challenges," Soyka said.
The housing market, which has been especially harsh in California, has much to do with SunCal's lost projects, Soyka said.
Soyka said SunCal decided not to continue development of the five properties foreclosed upon and is cooperating with its lenders.
The liens and lawsuits, filed mostly by SunCal subcontractors, are also a product of the housing market, he said.
"We're in the process of asking our subcontractors to work with us and help absorb some of the effects of the nationwide building downturn," Soyka said. "Some of these subcontractors have been cooperating and some have, regrettably, filed suit."
Pattern noted
City Councilor Michael Cadigan, who has been an outspoken critic of SunCal, said Thursday the problems in other states show "a pattern of financial irresponsibility."
He said a half-finished development, regardless of whether the county is on the hook to pay for completion, could force governments to step in and take care of residents already living there.
"If (SunCal) defaults on (its) responsibility, the taxpayers may have to pick up the pieces," Cadigan said.
But Lucero said there is no possibility for the county to be stuck with a bill.
He said no houses can go up in the development until all roads, utilities and other requirements are built.
If SunCal does default on any bonds to build that infrastructure, the county can still use those bonds to finish without SunCal— and still not have to take control of the debt, Lucero said.
Commissioner Teresa Córdova said the county's preliminary agreements with SunCal regarding incentives place the county in no danger regardless of any company's financial outlook.
"This is the reason we were so careful (with agreements)," she said.
Soyka said SunCal can easily afford to build infrastructure within its developments.
And he maintains the outlook for the housing market in New Mexico looks good to the company.
"This is a cyclical market correction that is currently taking place. We are very bullish on the future of New Mexico," he said.
SunCal is pushing forward with two developments inside city limits— a 500-acre housing development west of the Stormcloud and Crossing neighborhoods, and a 20-acre commercial site on the corner of Unser and Ladera. Those developments— which are separate from the 4,000-acre county plans, but still part of the 57,000-acre purchase— will go before the Environmental Planning Commission later this month.
SunCal had a setback at the state Legislature last month as lawmakers failed to pass a bill that would have ensured incentives for the company's county developments. However, SunCal officials said they would ask for a similar measure next year.
Monday, February 18, 2008
SWOP homepageNo go for TIDD's and SunCal.
Big thanks to the many folks who stopped the TIDD's, 1000 Friends, New Mexico Voices for Children, Conservation Voters New Mexico, Environment New Mexico and SWOP.A particular thank you to Sen. Cisco McSorley, Sen. Dede Feldman, Sen. Cynthia Nava and Sen. John Grubesic for standing up against the TIDD's and this nasty tax payer giveaway.
In case you missed it here's Senator Cisco McSorley's take on how it all ended. Also check out Cocoposts perspective and the comments.
Here's an excerpt from the Tribune on Feb 15:
Sen. James Taylor, a South Valley Democrat, said the session was all about stalling.
He had been pushing to get a floor vote on a bill regarding a tax incentive for SunCal Cos., which wants to build thousands of homes on Albuquerque's West Side.
His problem was with some last-minute strategy employed by Sen. Cisco McSorley, an Albuquerque Democrat, who, saying he was part of a minority that opposed the tax bill, embarked upon a filibuster.
"I'm going to talk for a long time," McSorley declared.
A long time turned out to be 30 minutes of pacing in the corner of the Senate floor and waxing poetic about solar photovoltaic technology at Mesa del Sol, sprawl development and why the Bernalillo County Commission "gave away the farm" to SunCal.
It ended when the bill was tabled, but McSorley later said that using the Legislature's noon deadline to adjourn had worked for others in the past.
"It was my turn to be the minority to stop the work on a bill," he said.
Labels: 2008 Legislature, TIDD, TIF
Wednesday, February 06, 2008
SWOP homepageAPA: TIF, Greenfields, and Sprawl
Good Jobs First yesterday released a new in-depth article about the nation’s most controversial kind of economic development subsidy – “TIF, Greenfields, and Sprawl” – just published in Planning and Environmental Law, a journal of the American Planning Association.
See it on their website at: http://www.goodjobsfirst.org/pdf/apa.pdf.
The article includes a segment on the most notorious current TIF dispute in the nation: in New Mexico, where radical TIF deregulation threatens to undermine funding for state and locally funded public services.
Related links:
TIF and sprawl in the Twin Cities Metro Area
Job subsidies and sprawl: Chapter 6 of The Great American Jobs Scam
Sprawling subsidies for Cabela’s and Bass Pro
ARTICLE SUMMARY: Tax Increment Financing (TIF) is an economic development incentive tool funded by diverting the incremental increase in property and/or sales tax created by redevelopment or new development within a geographically defined TIF district.
As originally enacted in most states, TIF was intended to reverse private-sector disinvestment in older, urban areas with physical “blight” or contamination, so its use was not widespread. However, over the past three decades, some states have loosened their TIF-targeting criteria; in other states, courts have granted localities wide latitude in defining “blight.” In the same decades, federal aid to cities declined, and some states enacted legislation or ballot initiatives causing “fiscalization of land use,” or a tax base-driven distortion of local governments’ development priorities.
For all these reasons, TIF is now increasingly associated with “greenfield” or sprawling projects, including big-box retail. A few retail chains have become especially aggressive seeking TIF, such as Cabela’s, the outdoor sporting goods company. And a mixed-use new urbanist project by the partnership Forest City Covington on the edge of Albuquerque will benefit from a very large TIF tax diversion.
Because such applications are so far astray from TIF’s original pro-urban mission, and because TIF often diverts large amounts of revenue for many years from other bodies of governments—especially counties and school boards—it has become the United States’ most controversial economic development subsidy.
Labels: Campaign for a Better New Mexico, TIDD, TIF
Tuesday, January 29, 2008
SWOP homepagePlease Support TIDD Reform at the Legislature THIS WEEK!
The members of the House Judiciary Committee are:
Rep. Al Park (D) Chair
Rep. Joseph Cervantes (D) Vice Chair
Rep. Elias Barela- SPONSOR (D) Member
Rep. Gail Chasey - Co-signer (D) Member
Rep. Daniel R. Foley (R) Member
Rep. Antonio "Moe" Maestas (D) Member
Rep. W. Ken Martinez (D) Member
Rep. William "Bill" R. Rehm (R) Member
Rep. Mimi Stewart (D) Member
Rep. Thomas E. Swisstack (D) Member
Rep. Gloria C. Vaughn (R) Member
Rep. Eric A. Youngberg (R) Member
Rep. Teresa A. Zanetti (R) Member
You can find their contact information here: http://legis.state.nm.us/lcs/legislatorsearch.asp.
We would like to thank New Mexico Voices for Children for their hard work on this issue, and for providing the following summary of the bill.
House Bill 451
Tax Increment Development Act Reforms
Sections 5-15-1 through 5-15-28 NMSA 1978
1. Reduce the risk to the state General Fund
a. Reduce the diversion of state gross receipts tax (GRT) from a maximum of 75 percent to 50 percent
b. For TIDDs in greenfields – which pose most risk because these are large, undeveloped areas of the state where growth
is going to happen – limit the state gross receipts tax increment to 20 percent unless the TIDD meets certain public
policy goals. These goals are workforce housing, transit-oriented development and adequate funding for public
schools. Each of these goals is worth an increment of 10 percent, for a maximum of 50 percent.
c. For purposes of the bill, a greenfield TIDD is defined as a tax increment development district plan that involves land, the
majority of which has not been previously developed, and is not currently served by municipal or county public
infrastructure, and for which the TIDD plan primarily relies on the development of new residential and commercial
structures rather than the redevelopment of existing residential and commercial structures.
2. Clarify that any excess GRT revenue received by the TIDD above the level required for the authorized bonds and bond
reserve fund should be returned to the taxing authority.
a. For example, one TIDD applicant estimates that TIDD revenues would be almost $1B but infrastructure costs would be
slightly over $600M. Revenues not required to support the bonds for the $600M in infrastructure costs should be
returned to the state and local governments.
3. Require transparency
a. Not only are TIDDs receiving diverted gross receipts taxes and property taxes but, since they are also supposed to be
economic development projects, entities within TIDDs have received and will receive other incentives and funding from
state and local government. For example, recently announced companies located to Mesa del Sol: solar firm - $130M in
incentives; investment firm - $47M in incentives.
b. TIDD Boards should be required to report on the following:
i. Revenues and expenses and total debt outstanding.
ii. Working with the appropriate state and local government agencies, report annually on the total value of the state and
local economic incentives provided to entities within the TIDD. These incentives include, but are not limited to,
industrial revenue bonds, all relevant tax exemptions and credits, job training incentives, and capital outlay
appropriations.
4. Require state oversight
a. Under current law, the only role the state has is to approve the state GRT increment for the TIDD. Once that is
approved, the state has no role for the entire 25-year length of the bond.
b. The state GRT makes up the majority of funding for most of the TIDDs approved or under consideration so far.
Therefore, the state needs an ongoing say in how these projects are managed.
c. The Secretary of the Department of Finance and Administration or designee would be a member of every TIDD Board.
d. The Board of Finance would be required to set the total amount of the state GRT increment so that the GRT revenues
generated within the TIDD and retained by the state are sufficient to fully cover the estimated cost of state services and
programs within the TIDD.
5. Create a Task Force to study the ongoing implementation of TIDDs
a. The Task Force would study:
b. Implementation of the Tax Increment Development Act (TIDA) so far.
c. The long-term fiscal impact on the state General Fund and on municipal and county budgets.
d. Amount of future state and local gross receipts taxes and property taxes committed to existing TIDDs.
e. The experience of other states with Tax Increment Financing, especially the use of state-level taxes in TIDDs.
f. The consequences of removing public infrastructure construction projects within TIDDs from the state and local
procurement codes.
g. Other economic development incentives provided in current TIDDs.
h. Possible consequences if TIDD revenues are not enough to cover bond repayments.
i. Procedures for expanding TIDDs and changing TIDD board membership.
j. Other options available to finance public infrastructure for new development.
Task Force members include: Department of Finance and Administration; Taxation and Revenue Department; Legislative Finance Committee; NM Finance Authority; NM Association of Counties; NM Municipal League; AFSCME; NM Chapter of the American Planning Association; two representatives of neighborhood associations either within or adjacent to an existing or proposed TIDD; two at-large public members (the last two groups would have one member each appointed by the Governor and the Legislature).
Labels: Campaign for a Better New Mexico, roundhouse, TIDD
Sunday, January 27, 2008
SWOP homepageTIDDbits: Letters to the Editor, Wikipedia entries and WSJ coverage
Folks are gettin' a little TIFed about TIDDsThe following LTE appeared in the Farmington Daily Times. I hear a longer version was published in the Jemez Thunder too (not available online).
Editor:
You would think billion-dollar expenditures of our tax money would generate more public discussion about the purpose and alleged benefits. But Tax Increment Development Districts, or TIDDs, are funded in a way that is not transparent to the public — even though it's the public's money.
Now, big out-of-state developers can use state tax revenue to develop the greater Albuquerque area, otherwise known as sprawl. Laird Graeser, chief economist for the New Mexico Department of Finance and Administration, put it this way: "In effect, (the SunCal TIDD) is a capital outlay project that will only benefit residents of the project area and the near surrounding areas, but it will be funded by all the taxpayers of New Mexico through lower levels of state services."
On Jan. 16, 2007, the New Mexico State Board of Finance approved a TIDD for Mesa del Sol in Albuquerque. More than $1 billion of state gross receipts taxes will pay for the streets, water lines, etc., to develop this huge project. The $1 billion will subsidize the biggest new real estate development in New Mexico history, and one of the largest and most prosperous real estate developers in the country.
The state of New Mexico will do something it's never done before: pay for new growth and water demands in the Albuquerque Rio Grande Corridor! And it will do so with tax money from Las Cruces, Silver City, Farmington, and every other New Mexico community.
SunCal Corporation has purchased the Westland property on Albuquerque's west side that is five times the size of the MdS project and SunCal wants the same deal. The Verde Group, an El Paso-based real estate developer, has applied for a TIDD in Santa Teresa.
The state TIDD law must be amended to remove new developments on undeveloped land from the TIDD subsidy. The state has no business subsidizing growth in already expanding and affluent local communities.
The 2008 session is a "short" session. But Mesa del Sol managed to get their TIDD bill passed in the "short" 2006 session. We know that 30 days is enough to make the TIDD bill right.
Call, write, e-mail or meet with your senator and representative. Tell them to remove new "greenfield" developments from the TIDD law and protect your interests, not the interest of big developers in Albuquerque.
ERIC SCHMEIDER
Board Member
SouthWest Organizing Project
Albuquerque
Mesa del Sol has made it into Wikipedia’s entry on TIF:
Currently, the largest TIF project in America is located in Albuquerque, New Mexico: the $500 million Mesa del Sol development. Mesa del Sol is controversial in that the proposed development would be built upon a "green field" that presently generates little tax revenue and any increase in tax revenue would be diverted into a tax increment financing fund. This "increment" thus would leave governmental bodies without funding from the developed area that is necessary for the governmental bodies' operation.From Good Jobs First Email:
http://en.wikipedia.org/wiki/Tax_increment_financing
New Mexico allies ~ thanks to Michael Mazerov at the Center for Budget and Policy Priorities for flagging this Fidelity Investments news (below) FYI: Fidelity is notorious for its state-vs-state tax-dodging behavior in Massachusetts and neighboring states; see pages 98-100 at: http://www.greatamericanjobsscam.com/Chapters/Chapter4.pdfWall Street Journal Coverage:
Fidelity Will Open Center in New Mexico State Offers $47 Million In Tax Breaks, Sweeteners; Ten Other Regional Centers
By JENNIFER LEVITZ
January 18, 2008; Page C13 BOSTON -- Fidelity Investments, known for making Boston one of the nation's centers of mutual funds, now plans to put a large imprint on New Mexico. The company said it plans to lease a new 210,000-square-foot operations center in Albuquerque that will house 1,250 employees, under an agreement in which the state will provide $47 million in tax incentives and other sweeteners.
It isn't the first time Fidelity has ranged afield from Massachusetts. It has made several deals to snare tax benefits from states in return for employment promises. Fred Mondragon, New Mexico's secretary for economic development, said the $47 million package includes tax breaks, job training for new employees and a $14 million "cash incentive" for the building of infrastructure -- with the incentive costs shared by the state and local governments.
Fidelity's new facility will be part of Mesa del Sol, a 12,900-acre mixed-use facility co-developed by a unit of Cleveland-based Forest City Enterprises Inc. Fidelity said the positions will mostly be new jobs in human-resources services, its division that handles payroll and other functions for companies. Fidelity spokeswoman Anne Crowley said, "It is largely new recruiting and hiring out in that region that will staff the site."
Fidelity doesn't currently have operations in New Mexico. The company, with 44,000 employees, has 10 regional operations centers across the U.S. -- in Florida, Kentucky, Ohio, New Hampshire, New Jersey, New York, North Carolina, Texas, Rhode Island and Utah. In 2006, North Carolina awarded Fidelity the largest corporate tax deal in the state's history -- a $54.6 million tax-incentive package based on Fidelity's plan to invest $100 million in a new facility and to bring 2,000 jobs to the state. Write to Jennifer Levitz at jennifer.levitz@wsj.com.
Labels: TIDD
Sunday, January 13, 2008
SWOP homepage1/13/08 ABQ Journal: Some of City's 'Green' Claims Full of Hot Air
Front Page Sunday Journal. Makes this, this and this all the more poignant.Some of City's 'Green' Claims Full of Hot Air
It is a claim every Albuquerque resident who cares about global warming could be proud of: Since 1990, city residents have cut their greenhouse gas emissions by 6 percent.
It is also untrue.
The claim was contained in a report that was until recently featured prominently on the city's AlbuquerqueGreen Web site. As the nation's emissions of global warming-causing pollutants is on the rise, ours are going down, the report claimed.
But the report vastly overstated the city's greenhouse gas reductions. City officials acknowledged the problem and removed the report from a city Web site after the Journal requested supporting data.
It is not an isolated case. A Journal review shows the claims of greenhouse gas reductions and other "sustainability" successes made by the city are often exaggerated, misleading or wrong.
In response to the Journal's inquiries, city officials acknowledged problems in the data they were presenting to the public. The Web site containing the questionable claims was taken down completely last week. It was replaced with an old Web page produced by city staff more than a year ago. Officials said the change had already been in the works and was unrelated to the Journal's inquiries.
Most of the erroneous figures presented to the public came from a study done in late 2005. The report contained warnings that the information was "preliminary," and could change as more accurate information became available. Those caveats were generally not included when the information was presented to the public.
Site not updated
When more up-to-date analysis showed the city's successes were more modest than originally thought, city officials continued to use the old data.
Mary Lou Leonard of the city's Environmental Health Department blamed the problem on a failure to update the numbers on the public Web site.
"We haven't been keeping them as up-to-date as we should have," Leonard said in an interview.
Albuquerque Mayor Martin Chávez, who has made "green" issues a centerpiece of his current term, said inaccurate information undermines the city's efforts.
"There ought to be no exaggeration," Chávez said in an interview.
Chávez's name was featured prominently on the AlbuquerqueGreen Web site, and his picture appeared on the Web site's home page in three places. The city has spent $30,000 on a citywide advertising campaign that includes billboards and refers people to the Web site.
The AlbuquerqueGreen.com Web site was created in fall 2006 to create a separate place for Albuquerque residents to go for information about the city's sustainability efforts, said Alfredo Santistevan, head of the city's Environmental Health Department.
Chávez has repeatedly sounded the alarm about global warming, which scientists say is caused by greenhouse gas emissions from burning fossil fuels in our cars, factories and power plants. In an interview, Chávez pointed to the problems that Albuquerque could face as a result, including reduced water supplies.
Accomplishments
In June, Chávez accepted an award from the U.S. Conference of Mayors, which declared Albuquerque "the greenest city in the nation." The award application, written by city staff, was based in part on the erroneous preliminary data.
However, the underlying data, from the city and independent sources, show significant accomplishments:
- Water usage has decreased substantially since citywide water conservation efforts were launched during Chavéz's first administration in 1995.
- Bus ridership has risen 54 percent the past five years.
- Emissions of methane— a powerful greenhouse gas— from city landfills have been substantially reduced.
But even in those cases where the city has made progress, the city has frequently overstated the accomplishments, the data show.
For example, a frequent claim that city government has dramatically reduced its greenhouse gas emissions is based entirely on a project to burn off methane at the city's landfills.
In other areas, including fuel used to heat city buildings and miles driven by city vehicles, the latest numbers show that city government's greenhouse gas emissions have risen substantially since 2000.
City officials did not dispute the Journal's analysis of the problems with their data.
Not enough effort
Critics say exaggerating success with easy steps makes it harder to make the serious development and lifestyle changes that are necessary to deal with climate change."There is a risk that people will be placated or feel like that the community is contributing to its fullest, when we haven't really even begun what is necessary or what is required," said Gabriel Nims, executive director of 1000 Friends, a group fighting suburban sprawl.
Nims' concern is that while city officials focus on narrower greenhouse gas reduction concerns, new construction under Chávez's leadership continues on the city's fringes, [Link added by SWOPblogger] forcing residents to spend more time in their cars. Nims called what the city has done "greenwashing"— a pejorative term used by environmentalists to describe efforts to make an organization look "green" when it is not.
Critics of sprawl's effect on greenhouse gas emissions point out that as Albuquerque has spread over the last two decades, the average driver has spent more time behind the wheel. According to the Mid-Region Council of Governments, average per capita miles driven in the greater Albuquerque area have risen 10 percent since 1990.
Chávez bristled at the criticism. "If they say 'greenwash,' I would say 'hogwash,' '' he said.He pointed to developments like the Mesa del Sol community planned for a large empty tract of land south of Albuquerque's airport, which he said will be an environmentally sensible project.
The claim that Albuquerque had reduced its citywide greenhouse gas emissions by 6 percent came from a report by city staff that attempted to account for all the emissions in our homes, vehicles and workplaces.
When the report was completed, it was posted at the top of the city's AlbuquerqueGreen.com Web site.
The heart of the claim was a dramatic reduction in Albuquerque residential and business use of natural gas, a major greenhouse gas emitter. The report claimed, for example, that residential natural gas usage in Albuquerque had dropped 87 percent from 2000 to 2005.
When the Journal and others questioned how that was possible, city officials reviewing the data concluded that they had made a mistake and withdrew the report for revision.
Creating a greenhouse gas inventory for the community is an ambitious task that is critical to understanding what needs to be done, and the city deserves praise for undertaking it, said Eva Thaddeus of the Sierra Club.
"Only if we know what our carbon footprint was in the past, and what it is now, can we know how to focus our reduction efforts," Thaddeus said. Thaddeus was one of those who raised questions about the data, and she praised city officials for withdrawing the report to fix it.
CLAIM
The city's latest "Greenhouse Gas Emissions Inventory" said emissions were reduced by about 6 percent from 1990 to 2005.
REALITY
Figures were based on the claim that natural gas usage dropped 87 percent from 1990 to 2005. PNM data show no such drop. City officials acknowledged a calculation error and withdrew the report.
CLAIM
Albuquerque city government rated fourth best among U.S. cities for use of alternative fuel vehicles.
REALITY
Many of the city vehicles are capable of running on ethanol but don't because the ethanol fueling infrastructure is not complete.
CLAIM
From the AlbuquerqueGreen.com Web site: "Mayor Chávez and the citizens of Albuquerque have reduced greenhouse gas emissions by 64 percent since 2000."
REALITY
The claim applies only to city government, not to the community as a whole.
CLAIM
City government reduced natural gas usage by 42 percent.
REALITY
New data show a 10 percent reduction since 1990 in natural gas usage, but the city continued citing the old data.
CLAIM
"Every new building in Albuquerque will be carbon neutral by 2030," meaning no greenhouse gases would be emitted in energy use.
REALITY
A recently passed ordinance will reduce carbon emissions 30 percent, according to City Councilor Isaac Benton. Benton said reaching that goal by 2030 is "conceivable" and the ordinance is "a modest first step."
CLAIM
City government has reduced greenhouse gas emissions by 64 percent or 67 percent since 2000.
REALITY
A new city study showed a more accurate number, 53 percent, but the old claim continued to be used— on the same Web site. Most of the reduction was in methane emissions in landfills, where the city has a program to burn methane.
In other areas, city government greenhouse emissions rose 19 percent between 2000 and 2005.
Labels: Campaign for a Better New Mexico, Marty The Duck, TIDD, TIF
Thursday, January 03, 2008
SWOP homepageHappy New Year SunCal!
Way to go SunCal! Working through the holidays to come up with some PR scheme to gain public support for the TIDD's. Nice try but no cigar. We're calling you out.The so called "open and public process" they are holding at the Hyatt was so lame I had to laugh.
Small room full of binders. HUGE binders might I add (shown on the left). No executives present as the Journal claims. The two young workers were very kind but their answers to ALL my questions were: "It's all in the binder and if you have any questions fill out this form and someone will get back to you in 24 hours."
You want me to dig through that to find answers. No thanks!
So really it wasn't informative at all, it just looked pretty. Check out Cocoposts who puts it nicely:
"Equating new land development on the Westside with economic development is a magic act or confidence game played behind the tent."
Magic act indeed.....voila...there go our taxes in a blink of an eye!
Saturday, December 22, 2007
SWOP homepageNMBW 12/21/07:TIDD opponents plan to seek changes at state level
Original article
Opponents of how tax increment development districts (TIDDs) are structured in New Mexico plan to take their concerns to the state this January during the legislative session in the hopes of changing how the economic development tools can be used.
New Mexico Voices for Children, which has been among the groups opposing the use of TIDDs by SunCal Cos. in its large, mixed used development on Albuquerque's westside, wants to change the enabling legislation that passed in 2006 to allow the creation of TIDDs.
The nonprofit sides with 1,000 Friends of New Mexico and the Southwest Organizing Project in their opposition to the use of these tools to develop projects on the city's fringe. So it will seek to limit the use of TIDDs in greenfield development. But its primary concern is the potential impact of TIDDs on the state's general fund if more such projects begin popping up across the state, said Gerry Bradley, research director of Voices for Children.
"We want to go back and say that the state share of gross receipts tax should not be taken out of the state general fund and given to the TIDD," Bradley said. "So we would delete that portion of the statute."
mkamerick@bizjournals.com | 348-8323
Labels: Albuquerque City Council, Campaign for a Better New Mexico, county commissioner, State Legislature, TIDD, TIF
Reasonable People & Tim Cummins' Profits
We think this is highly debatable given the amount of land SunCal proposes to develop very near Cummins' own property. And we're not the only ones who think so. In her blog, Coco points us to this from the 2004 Alibi expose of west side development shenanigans:"Cummins has said he will not vote on any plans that would directly affect the value of his property. But, bureaucratically speaking, to get any closer to the deal, he'd have to be the county commission's staff proctologist. (...)"
On other fronts, the Journal reports on a case this morning that NM State District Judge Jerald Valentine won't reconsider his decision to set aside an Extraterritorial Zoning Authority approval of a development project just south of Las Cruces.
Valentine made his decision because of the participation of Las Cruces City Councilor Jose Frietze in the hearing. Apparently Frietze has an extensive history of working with the developer, of which the Judge noted "...an objective observer would entertain reasonable questions about Authority Commissioner Frietze's impartiality."
During the hearing to ask him to reconsider his decision, the judge said that further study after his initial ruling about the relationship between Frietze and the developer "reinforced his belief that a "reasonable person could entertain reasonable suspicions" about Frietze's impartiality."
Moving this logic to the wheeling and dealing on Albuquerque's west side...we think any reasonable person can see that Tim Cummins stands to benefit financially a great deal from SunCal's development project. After all, it will essentially bring the City of Albuquerque right out to meet his land.
In 2004, Cummins told the Alibi he would not vote on any plans that would directly affect the value of his property. He might not be getting direct cash from SunCal, but it’s pretty obvious that the SunCal project will most certainly directly affect the value of his property.
Labels: Albuquerque County Commission, TIDD, TIF
Monday, December 17, 2007
SWOP homepageMarty "The Duck"

Not much to say but Quaaack!
Check out the
Campaign for a Better New Mexico site to read about the TIDD's and how bad they are for our city, county & state.
You gotta hear this!
Marty_the_duck.mp3
Labels: Albuquerque Mayor, Marty Chavez, Marty The Duck, SunCal, TIDD, TIF
Thursday, December 13, 2007
SWOP homepageABQ Journal Editorial: Draw a Line Between Lobbying, Campaigning
Read the editorial on the Journal site.
Too many of New Mexico's top politicians are too comfortable in the company of lobbyists whose client lists are built on the cozy relationships.
The politicians even turn for help with their campaigns to the lobbyists— a testimonial to their ability to influence— yet assert they are immune to the lobbyists' persuasive powers.
Mayor Martin Chávez, for example, could not be swayed by his former Senate campaign manager Mark Fleisher, according to Fleisher. Perhaps political advice would be an exception, otherwise why hire him?
So, where is the line between the fine art of influencing and advising? Are there city issues that are devoid of politics? Perhaps. But the use of tax increment development districts— something that affects plans to build out the Atrisco Land Grant on the West Side— isn't one of them.
Chávez vetoed a City Council constraint on use of the TIDD financing mechanism for developments like that proposed by SunCal, the California company that bought out Westland. Campaign manager Fleisher's day job is with a powerhouse lobbying firm, Butch Maki & Associates, that represents SunCal.
It looks bad. Even though most observers could have predicted the Chávez veto if he had never met Fleisher. His views and past actions were consistent with his veto pen.
Similar relations between Gov. Bill Richardson and the firm's principal, Butch Maki, look bad. The Maki firm launched with the inauguration of Richardson, for whom Maki worked during his tenure in the U.S. House. Maki quickly built an impressive list of clients. Maki also has been active in Richardson's presidential campaign.
But any question that those clients hired Maki to influence state government action that affects their interests elicits the same response: Richardson makes up his own mind. Lobbyists, even those with long, close relationships with Richardson, have no influence.
Now the familiar refrain comes from the Chávez camp. It's believable— if you can believe that a roster of successful companies are being suckered by lobbyists, instead of the suckers being voters with little access.
Tuesday, December 11, 2007
SWOP homepageSWOP News Rant - TIDD's. Override the Veto, Stop legislation
505-768-4000
SunCal wish list.
Groups back override of TIDD's
Labels: Albuquerque City Council, Albuquerque County Commission, Albuquerque Mayor, SWOP News Rant, TIDD, TIF
Monday, December 10, 2007
SWOP homepageOrganizations Support Council Override of Chavez Veto on TIDD

FOR IMMEDIATE RELEASE12/09/07
Contact:
Gabriel Nims, 1000 Friends of NM / 505.228-5777
Marjorie Childress, SouthWest Organizing Project /505.410.8487
Organizations Support Council Override of Chavez Veto on TIDD
What: Press Conference RE: TIDDs in greenfields
When: Monday 12/10/2007, 12:00 noon
Where: Corner of 5th and Marquette, City Hall
Who: 1000 Friends of New Mexico and SouthWest Organizing Project
Tomorrow, Albuquerque organizations will announce their support for a City Council override of Mayor Chavez’s recent veto on the Tax Increment Development District bill sponsored by Councilor Michael Cadigan.
Gabe Nims, Executive Director of 1000 Friends of New Mexico, stated, “Last week, the City Council saved Albuquerque taxpayers from a $100 million gamble. With his veto, Mayor Chavez is throwing taxpayers under the bus in order to help private developer interests. We support the Council’s attempt to override Chavez’s veto and protect Albuquerque’s taxpayers.”
On Monday, December 3, the Albuquerque City Council closed a loophole that allows massive tax subsidies to developers building in empty land on the fringes of our city.
Robby Rodriguez, Executive Director of SouthWest Organizing Project, added, “TIDD”s are complex tax proposals with far-reaching implications. This particular TIDD proposal by SunCal would result in literally hundreds of millions of dollars in tax subsidies by Albuquerque and Bernalillo County taxpayers. Now is the time for the City and County to go slow and complete the necessary financial analysis. To do otherwise, as the Mayor is suggesting, is a disservice to taxpayers.”
The Bernalillo County Commission will also address SunCal’s application to create nine TIDDs at their meeting on Tuesday, December 11.
Labels: Albuquerque City Council, Albuquerque Mayor, Marty Chavez, Mayor Veto, SunCal, TIDD, TIF


