Pollution bills struggle in New Mexico legislature. Here's what passed and failed

A slew of bills targeting stricter controls on pollution and efforts to increase renewable energy in New Mexico were introduced during the 2023 Legislative Session which concluded Saturday in Santa Fe.

Those efforts, brought forth during the policy-driven 60-day session, mostly failed with few but impactful bills ultimately making to the desk of Gov. Michelle Lujan Grisham for signature into law.

Here are some of the top environmental bills introduced during the session and how they fared in the House and Senate.

More:Renewable energy now required on New Mexico state land after Lujan Grisham signs bill

What passed?

Renewable energy a permanent use of State-owned land

The House and Senate both passed House Bill 95, sponsored by Reps. Tara Lujan (D-48) and Debra Sarinana (D-21) and it was promptly signed by Lujan Grisham at the end of session.

HB 95 created a permanent Office of Renewable Energy within the New Mexico State Land Office, which was created by current Land Commissioner Stephanie Garcia Richard but is now codified into New Mexico law regardless of changing administrations.

The office is tasked with recruiting renewable energy companies to New Mexico and administering their projects on State Trust land, which will generate an additional revenue source for the office and its beneficiaries like public schools, universities and hospitals.

More:Bill to block nuclear waste in southeast New Mexico heads to House Floor for final vote

Lawmakers unlock funding for state conservation projects

Senate Bill 9 would create two funds dedicated to New Mexico conservation efforts.

The Conservation Legacy Permanent Fund would be managed by the State Investment Officer, and $5 million annually will be sent to Land of Enchantment Legacy Fund provided the permanent fund has a balance of $150 million.

The Legacy Fund will distribute $12.5 million or a quarter of its balance to several state agencies for their conservation and environmental programs.

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The funds were also supported by Lujan Grisham’s executive budget recommendation and ultimately included in the budget bill passed by the Legislature.

SB 9 passed both chambers and it is awaiting the governor’s signature.

New Mexico requires consent for nuclear projects

Lujan Grisham did sign into law Senate Bill 53 at the closing of the session hours after it passed the House, having earlier passed the full senate.

More:Will New Mexico lawmakers fully fund oil and gas oversight in State's budget bill?

SB 53, sponsored by Sen. Jeff Steinborn (D-36) barred state agencies from issuing needed permits, such as for wastewater discharge, to any facility in the state that stores nuclear waste unless that facility as the expressed consent from the State of New Mexico.

In the case of a temporary storage facility, the bill also required a permanent repository for the waste was already operational.

The legislation was in direct response to a proposal from Holtec International to build a facility in southeast New Mexico designed as an interim resting place for spent nuclear fuel rods from reactors around the country.

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The project supported by local leaders in the region, but opposed by groups throughout the state including Lujan Grisham and her cabinet.

San Juan Generating Station to see State oversight, but without funding

House Bill 142 required the State of New Mexico to oversee remediation of the San Juan Generating Station, a decommissioned coal-fired power plant in the Farmington area that was believe at risk of contaminating local water supplies, and provide regular updates to the Legislature.

The bill passed the legislature after its $1 million appropriation was stripped by the House Energy, Environment and Natural Resources Committee as lawmakers argued the dollars were contained in other legislation.

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The amended version passed the legislature and was awaiting Lujan Grisham's signature into law.

What failed?

Oil and gas reforms stall in committee

Senate Bill 418, sponsored by Sen. Leo Jaramillo (D-5) would have amended New Mexico’s Oil and Gas Act to expand the purview of the Oil Conservation Division (OCD) to regulate the fossil fuel industry based on environmental impacts.

As the law stands, the OCD can only enforce regulations to reduce waste by the industry.

More:Bill tightening oil and gas rules in New Mexico passes committee, opposed by industry

SB 418 would also have lifted a $250,000 cap on bonding oil and gas operators pay to fund well remediation should they be abandoned.

It would have also expanded membership of the Oil Conservation Commission, the OCD’s governing body, to include residents from oilfield communities, and block anyone who worked in the industry from serving on the commission for one year.

The bill passed the Senate Conservation Committee, didn’t make it past the subsequent Senate Judiciary Committee.

More:Oil and gas air pollution, climate change targeted by New Mexico Senate bill

Greenhouse gas emission reductions blocked by vote

Known as the Clean Future Act, Senate Bill 520 would codify into law required reductions in greenhouse gas emissions throughout New Mexico, calling for the state to reduce its emissions by 50 percent by 2030, 75 percent by 2040 and 90 percent by 2050 – compared with 2005 levels.

After 2050, the state would be required to achieve enough carbon offsets to establish “net-zero,” meaning more carbon would be pulled from the atmosphere than was emitted.

SB 520 was tabled during its first hearing before the Senate Conservation Committee.

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Oil and gas royalty rate hike dies on Senate Floor

Oil companies that operate on New Mexico state land pay royalties to the state as a percentage of revenue generated by their operations.

SB 164 would have raised that rate from 20 percent to 25 percent.

It passed two Senate committees but did not receive a vote on the Senate Floor by the time the Legislature closed.

Local renewable energy held up in committee

Senate Bill 165, sponsored by Sen. Carrie Hamblen (D-38) would have created a framework for local governments to opt into providing renewable energy to customers within their jurisdiction, be it a county or municipality.

SB 165 passed the Senate Conservation Committee but was stalled in the Senate Judiciary Committee without receiving a hearing.

Environmental rights never get a vote

Senate Joint Resolution 6, which would enshrine "environmental rights" into the State's constitution, allowing for litigation if such rights are believed to be infringed by the state, never saw a vote in the Senate Rule Committee, where it sat throughout the session.

The bill, sponsored by Sen. Antoinette Sedillo Lopez (D-16) would have created a statewide ballot question to add the language in statute, but was opposed by developers of several sectors as they feared potential lawsuits could stymie their projects.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.