We are less than one week away from the start of the 2025 Legislative Session and to no one's surprise, there are already so many important decisions for legislators and advocates. As of right now there are two significant false climate solutions we expect to continue fighting in this legislative session:
Strategic Water Supply Act - The Strategic Water Supply Act appropriates $75million from public funds to subsidize oil and gas industry waste disposal in New Mexico and incentivizes an unproven produced water treatment and reuse industry that threatens our health and our clean water. Read the One Pager here.
Carbon Capture and Sequestration Permitting changes - We expect the reintroduction of the 2024 Carbon Capture bill, SB 215, which was sponsored by Sen. William Sharer, Sen. Leo Jaramillo, Rep. Meredith Dixon and Rep. Jack Chatfield. The bill sought to push through a radical and dangerous Carbon Capture and Sequestration permitting structure that is intended to prolong oil and gas consumption and would allow private industry to foist all liability for potential seismic and water contamination failures onto the state.
This year there are many good climate and energy bills coming down the pipeline, some of them filed and some posting soon. But first, the current political environment means that we must strengthen our due process and civil rights in New Mexico.
The Public Expression Protection Act, sponsored by Rep. Andrea Romero and Senators Linda Lopez and Harold Pope Jr., will protect individuals and entities from frivolous lawsuits designed to suppress free speech, public participation, or criticism, which can burden defendants with costly and lengthy litigation. This recent article in the New York Times highlights how media organizations and non-profits across the nation are expecting an uptick in lawsuits designed not necessarily to win, but to drain resources and suppress critical coverage. First amendment rights in New Mexico need the stronger protections this bill will provide. Read more here.
Here are the climate and energy bills we are supporting thus far:
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.
Local Solar Access Fund - The Local Solar Access Fund, Sponsored by Rep. Reena Szezpanski 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. (Register for the webinar this Friday!)
Public Health and Extreme Weather Resilience Fund - Sponsored by Rep. Kristina Ortez and Senator Liz Stefanics, the bill creates 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.
Green Amendment - Momentum is building for passage of the 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.
More bills we are expecting and need to learn more about:
Clear Horizon Act - Senator Mimi Stewart
Community Benefit Fund - Senator Mimi Stewart
Government Innovation Act - Senator Mimi Stewart
Prohibition on PFAS in Oil and Gas Downhole Operations - Senator Steinborn
Prohibition on PFAS in Consumer Goods - NMED
Hazardous Waste Act Amendments related to PFAS - NMED
NPDES Discharge Primacy Bill - NMED
Low Income Solar Rate Rider Exemption - Senator Liz Stefanics
As we launch into a busy season of action and advocacy under the cloud of an incoming administration hell bent on destroying regulatory protections and maximizing fossil fuel exploitation, we know that the thought of paying attention and taking action can be overwhelming. We hope for each of you the wisdom and clarity to conserve your energy for the actions that make a difference, and the resources and courage to do so.
As this excellent reflection on lessons from Hungary concludes:
Hungary’s key lesson is you don’t protect democracy by talking about democracy — you protect democracy by protecting people. Only a democracy that works for the people is sustainable.
Let us work together to protect the people.
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