2025 LEGISLATIVE PRIORITIES
Ruidoso burned. Roswell Flooded. Los Angeles burned. It snowed in Louisiana. 2024 was the hottest year ever recorded and New Mexico was responsible for more than 500 billion kg CO2e in downstream emissions from our oil and gas exports in 2022, equivalent to 134 coal-fired power plants. That number just keeps rising.
Our impact on this crisis extends well beyond our own energy consumption each year, it extends to the catastrophic impacts of every gallon of oil and every cubic foot of methane that we pump and export each day. The decisions our legislature makes matter more than most, and yet they have failed to live up to that responsibility, perhaps due to the almost $2.9 million received in contributions from energy companies and lobbyists in just 15 months between April 2023 and June 2024!
New Energy Economy will fight to pass legislation that will reduce emissions at the speed demanded by science, reject false climate solutions that delay effective solutions, enforce regulations and accountability for cleanup of the toxic byproducts of extractive industries, invest in a just transition that ensures impacted communities and workers dependent on industry have the education, financial support, and economic opportunities they need, and advance energy democracy in our state.
OUR LEGISLATIVE PRIORITIES
The Strategic Water Supply Act (SWS) endangers our health and our clean water sources, and fails to provide a meaningful solution to the very real water scarcity problem that New Mexico faces. The Governor’s plan, updated in the latest version to provide $75M in public funds each year to incentivize the creation of a treatment and reuse industry for fracking waste, is once again being marketed as a solution to a projected 25% water shortage expected in New Mexico by 2050. The real motivation for the Governor’s proposal: the oil and gas industry generated over 2 billion barrels of oilfield wastewater in 2023, and they are running out of low cost disposal options. The plan is a publicly funded bailout for a private industry that already reaps billions in profits and endangers our health because:
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Produced water often contains high levels of salinity, heavy metals, hydrocarbons, naturally occurring radioactive materials (NORM), as well as toxic organic and inorganic compounds, including PFAS.
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Exposure to untreated or inadequately treated produced water can pose health risks to humans, including carcinogenic and endocrine disrupting effects, including birth defects.
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Improper reuse or disposal of produced water can lead to soil and water contamination, including infiltration into groundwater and release of volatile organic compounds (VOCs) into the atmosphere.
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Reuse projects in other states have led to widespread dangerous ecosystem contamination, including aquatic death and significant radioactive contamination of land and water.
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Treatment plant projects in other states have resulted in worker injury and death.
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Characterization of produced water composition is in the nascent stage and standards for treatment and quality cannot be developed until such characterization is complete. Until the science for safe reuse is proven, there must be no reuse of produced water off the oilfield.
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The New Mexico Oil & Gas Association and the New Mexico Produced Water Research Consortium testified at the recent wastewater reuse hearing that “there are no existing technologies available right now commercially that will treat these huge volumes” of produced water at a reasonable price.
PASS AMENDMENTS TO PROTECT NEW MEXICO WATER
Efforts to permit industrial oilfield waste treatment and reuse projects without protective scientific treatment and quality standards will only further endanger New Mexico’s water and public health.
What do these proposed amendments accomplish?
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The bill amends the Water Quality Act to ensure that off oil-field research into treatment and reuse of oil and gas waste is conducted in a manner protective of existing water resources and human health while allowing for bona fide research via permitted bench scale research conducted in accredited laboratories.
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The bill amends the Tax Administration Act to establish a $0.05 fee per barrel of produced water generated in New Mexico to fund the cost of plugging and remediation of abandoned wells. The State Land Office projected an $8.1 billion gap between bonds and actual remediation costs, a number that continues to increase as financial assurances still do not meet the actual costs of remediation.
PASS THE PUBLIC EXPRESSION PROTECTION ACT
Over the last few decades, we have seen an increase of lawsuits used to intimidate and silence the public. This bill provides a mechanism to safeguard defendants facing lawsuits targeting their protected speech, allowing for the swift dismissal of such cases without the burden of costly and lengthy litigation. Additionally, it ensures that defendants are awarded attorney’s fees when successfully defending against meritless claims, reinforcing the commitment to free expression in our state.
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The Public Expression Protection Act covers:
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Communications in Governmental Proceedings: Speech made during legislative, executive, judicial, administrative or other governmental proceeding.
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Matters of Public Concern: Speech related to issues being reviewed in these governmental contexts or matters affecting the public interest.
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Protected Rights: Expressions involving the right to free speech, press, association, assembly, and petition under the U.S. and New Mexico Constitutions.
The act outlines expedited dismissal procedures for meritless lawsuits targeting these protected activities, allows for stays on proceedings, and mandates the awarding of attorney’s fees and costs to prevailing defendants.
The act ensures that individuals can exercise their rights to free speech, assembly, and petition without fear of intimidation through the legal system.
​SB4 - The Clear Horizons and Greenhouse Gas Emissions Act
Sponsored by Senator Mimi Stewart, the bill aims to reduce greenhouse gas emissions by 45% by 2030, 75% by 2040, and ultimately reach zero by 2050. The bill seeks to ensure reductions benefit not just urban areas but also disproportionately impacted and vulnerable communities and includes a robust framework including regular monitoring and assessment provisions to ensure progress towards the emissions targets. Additionally, it establishes a Community Benefit Fund to provide $340 million to support communities affected by extreme weather events and allocates $10 million to state agencies to enhance their staff capacity to respond to climate-related challenges, enabling them to better support communities in need. Learn more here.
SB23 - Oil and Gas Royalty Rate Changes
Sponsored by Senator Muñoz, the Oil and Gas Royalty Rate Changes act will increase royalty rates for oil and gas leases on state land from 20% to 25% on the best tracts. Existing leases will not be affected and bidding on leases remains voluntary. The increased rate would bring royalties in NM in line with those assessed in Texas and would raise an estimated $1 billion to fund NM schools and other priorities. Learn more here.
SB21 and 22 - Pollutant Discharge Elimination System Act and Water Quality and Pollution Act
After the Supreme Court's Sackett decision, up to 95% of New Mexico’s rivers and streams lost protection under the federal Clean Water Act. Sponsored by Sen. Peter Wirth and Rep. Kristina Ortez, SB 21 and 22 will give the state authority to take over permitting for waters still federally protected (SB21) and authorize the state to take over permitting for waters no longer federally protected (SB22). New Mexico is one of only 3 states that currently leaves this up to the EPA. The bill will ensure industries and development cannot pollute or destroy wetlands and streams, risking contamination of drinking water and making New Mexico communities more vulnerable to severe drought and flooding. New Energy Economy and Defend NM Water are calling for amendments to SB 22 to ensure that permitting for produced water treatment is not authorized under the act.​​ Learn more here.
Water Protection Amendments and Abandoned Well Remediation Funding
Sponsored by Senator Harold Pope, this bill will amend the Water Quality Act to prohibit any discharge, treatment or reuse of produced water with the exception of permitted bench scale and pilot projects and will impose a fee of $0.05 per barrel of produced water to fund plugging and remediation of abandoned oil and gas wells that continue to pollute and contaminate New Mexico and impose an enormous cost on taxpayers. Read the One Pager here.
HB 128 NMFA Local Solar Access Fund
The Local Solar Access Fund, Sponsored by Rep. Reena Szczepanski and Senator Harold Pope Jr., will provide $60 million for grants from the New Mexico Finance Authority for planning and implementation of solar and battery storage projects to Tribes, Counties, Municipalities, School Districts, and Land Grants for solar and storage projects to power public buildings like community centers, libraries, schools, and fire stations, and infrastructure like water, wastewater, and street lighting. Read more at Publicpowernm.org
HB 108 Statewide Public Health and Climate Program and HB109 Extreme Weather Resilience Fund
Sponsored by Rep. Kristina Ortez and Senator Liz Stefanics, the bills create a State Climate Health Program ($1.1 million) at the Department of Health to build capacity, expertise, communications and interagency cooperation related to climate health risks, and an Extreme Weather Resilience Fund ($12 million) to assist and enable local and Tribal communities to prepare for and respond to public health risks and threats related to climate change. Read the one pager here.
HJR3 - Environmental Rights Constitutional Amendment
Momentum is building for passage of the Environmental Rights (Green) Amendment, a bill that begins the process to enshrine environmental rights as fundamental inalienable constitutional rights deserving the same highest protection that is currently given to speech, religious, civil and property rights. This constitutional right was pivotal in the Montana Supreme Court’s recent Held v Montana ruling holding the State of Montana responsible for considering climate emissions. Learn more at forthegenerations.org
Methane Emissions Reduction Act
Sponsored by Senator Sedillo Lopez and Rep. Tara Lujan, this bill will limit the “carbon intensity” score for alternative fuels under the Clean Transportation Fuel Standards Act to no lower than zero, adding a critical guardrail so that the fuel standard does not result in a perverse financial incentive for the expansion of polluting factory farms to sell more carbon credits. Read the one pager here.
HB 35 - Children’s Health Protection Zones
Sponsored by Rep. Debbie Sariñana, this bill will establish a 1-mile health protection zone around all schools and educational facilities and prohibit the drilling of new oil and gas wells within such zones. Pollution from existing wells within the health buffer zone would be subject to additional monitoring and control measures to ensure that no pollution is leaking from these sites and endangering children. Learn more here
HB 33 - Prohibit New Emissions In High Ozone Counties
Sponsored by Rep. Debbie Sariñana, this bill requires the Oil Conservation Division to pause construction of new oil and gas pollution sources in counties that exceed the health-based ozone limit of 70 parts per billion set by the U.S. Environmental Protection Agency for as long as such limits are exceeded. Learn more here.
HB 34 - Oil Conservation Protect Health & Environment
Sponsored by Rep. Debbie Sariñana and Rep. Tara Lujan, this act requires the Oil Conservation Division to protect public health and environment as part of its mandate. Under the current law, OCD is only empowered to prevent oil and gas waste and protect property rights as it makes and enforces rules, regulations, and orders regarding production and permitting. Learn more here.
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