New Mexico Legislative Action 2024—from NM Interfaith Power and Light

Some bills that IPL has determined they will follow during the NM 2024 Session. We will try to keep you updated on information and actions.

Climate and Oil and Gas Related Bills 

Public Health and Climate Resilience Bill (HB 42) (bill)  Sponsors: Szczepanski, Ortez, Thomson, Stefanics NM VOICES and NMHPCA  

Committee Assignments and Days: TBD 

The legislation calls for creating a Climate and Public Health Program at the New Mexico Department of Health, establishing a Public Health and Climate Resiliency Fund to assist local communities and tribes, and to support these communities with additional assistance through technical expertise and grant support. Endorsement from the Legislative Health and Human Services Committee. A change from last year: asking for $10 million in funds for the Public Health and Climate Resiliency Fund, compared to the $5 million asked in the previous session.

Action: Call or email the Governor to place the Public Health and Climate Resilience Act on the call:  phone number 505.476.2200 or email here.  Send letters of support to legislators and attend committees as needed.

Oil and Gas Reform Act (HB 133) (bill) Sponsors Sen. Matt McQueen and Rep. Ortez

There has been little reform for oil and gas in decades. This bill is not perfect, but would address setbacks and financial assurance all of which are of concern for human and environmental health and industry accountability.

Financial assurances:

*Boost blanket bonds for active oil and gas wells from $250,000 to $10,000,000.

*Strengthens civil penalties for Oil and Gas Act violations by increasing civil penalties from a maximum of $2,500 to $10,000 per day of violation and, where “the violation presents a risk either to the health or safety of the public or of causing significant environmental harm,” from $10,000 to $25,000 per day.

*Eliminates the $200,000 cap on total, cumulative civil penalties.

*Increases administrative fees and allows to keep pace with inflation.

Methane capture: Codifies a minimum 98% methane capture rate into law, preventing future administrations from rolling back new methane waste rules.

Setbacks for oil and gas facilities: This section is not ideal because there are exceptions and a grandfathering piece which are complex but analysis can be provided in near future. These concerns have been worked on for months by a diverse coalition and are still being worked on. It is important to note that currently there are no set back regulations for oil and gas facilities related to communities/environment in NM. Minimum setbacks could be enlarged by rule making.

*2,250-foot setback “from a health facility, correctional facility, multifamily residential structure, community college, public, private or charter school.”

* 2,250-foot setback “from a detached single-family occupied residence, including a manufactured home or state educational institution,” unless the landowner consents.

* 660-foot setback “from a perennial or intermittent stream, lake, pond, delineated wetland or irrigation infrastructure that is in use.”

*330-foot setback “from a surface water of the state not listed [per above] of this subsection, a state park, state game commission land, a designated critical habitat for a federal or state endangered animal species or other environmental resource identified by commission rule.”

Action: Read bill and keep alert to updates for action and information.


Green Amendment (HJR4) (bill)  Sponsored by Rep. Ferrary and Sen. Sedillo Lopez (and others)             

Committee Assignments and Days: TBD

The Green Amendment is being reintroduced with the following language:   

PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW SECTION OF ARTICLE 2 THAT PROVIDES THE PEOPLE OF THE STATE WITH ENVIRONMENTAL RIGHTS, INCLUDING THE RIGHT TO CLEAN AND HEALTHY AIR, WATER, SOIL AND ENVIRONMENTS, A STABLE CLIMATE AND SELF-SUSTAINING ECOSYSTEMS, AND DIRECTS THE STATE, COUNTIES AND MUNICIPALITIES TO SERVE AS TRUSTEES OF THE NATURAL RESOURCES OF NEW MEXICO FOR THE BENEFIT OF ALL THE PEOPLE.

Action: Fill this form to sign 2024 petition to help NM leaders understand how Green Amendment protections can benefit present and future generations, and ensure equitable protection of environment, communities.


Water Related Bills

Water Security Planning Act (SB 337) (bill) / Sponsors: Senator Stefanics and Rep. Herrera                                                                                                                                              Committee Assignments and Days: TBD  

The following are three separate aspects that support Water Security Planning Act which was passed last year. 1) Capacity Enhancement for Interstate Stream Commission and Office of the State Engineer:  3.7 million for FY25. Agency budget request from the OSE and ISC heads.  Critical need for additional resources to meet the water security challenges by modernizing operations and increasing capacity in our water agencies.

2) Water Data Act:  2.875 million recurring requirements for staff and 2.875 in non-recurring funds.  As continuity is critical to data collection, request a $30 million, five-year fund to be used for annual appropriations.  Collaborative request from 5 agencies because water data is key to water resource planning/problem solving.

3) Aquifer Mapping Extension: 1.2 million in recurring funding for staff for drilling statewide network of aquifer research and monitoring wells. Agency request from NM Bureau of Geology and Mineral Resources at NM Tech.

Action:  For all three — ask your state senator and representative to support these funding requests.


EV, Solar Tax Credits & Financial Investments

EV and Charging Unit Tax Credits (SB 22) (bill) Sponsors: Bill Tallman, Gov, SCRGC                                                                                                             Committee Assignments and Days: TBD

Creates electric vehicle income tax credit for electric vehicle and plug-in-hybrid owners beginning in 2028. Also requires an additional registration fee for electric and plug-in-hybrid vehicles on purchase – these fees will be distributed to the State Road Fund and Transportation Project Fund. Applications for certification of an electric vehicle income tax credit must be made one calendar year from the date in which the electric vehicle is purchased or the lease is entered into. Action: Contact your senator and ask them to support this bill.

Electric School Bus Modernization Act (HB75) (bill) Sponsors: Sarinana, Soules, NMVC Action Fund                                                                Committee Assignments and Days: TBD 

Provides support to New Mexico schools to make the switch from Diesel to Electric buses as quickly as possible. Three core priorities of the New Mexico legislature are advanced with this bill: (1) Improved and more equitable physical and mental health for New Mexico students; (2) Increased funds for classroom instruction through reduced transportation and energy costs; (3) Help meet our state greenhouse gas reduction goals and an increased number of public charging stations in rural communities. Helps school districts access and utilize primary funding from the EPA’s Clean School Bus Program. Finder fuller fact sheet here.

Action: Contact your representative and ask to support this bill, particularly for impacts public health for children and NM students should not be left behind in light of these federal funding opportunities from the EPA.


New Mexico Match Fund Act: backed by Governor Lujan Grisham and Rep Meredith Dixon

Would allocate $100 million allocated to Dept of Finance and Administration to bridge the gap for communities, tribes, schools, etc. to tap into federal funds for projects. Creates employment and assistance to establish new projects. Gabe Pacyniak’s Op-ed (link here) discusses the New Mexico Match Fund Act’s potential to harness federal funds for local development. Imagine better roads, faster internet, and clean water. #NMMatchFundAct #InvestInNM