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February 5, 2025

New Mexico is now the second largest producer of oil and gas in the country and our communities on the frontlines of this industry bear a disproportionate burden of public health costs and threats. Due to the power of profit, it is extremely difficult to move forward any significant, or even minor, reform of the oil and gas industry. As small but critical steps forward, we are focusing on two bills that seek common sense protection of public health.


Children’s Health Protection Zones (HB 35)

Called “School Setbacks” in past sessions, this bill seeks to restrict oil and gas operations in children’s health protection zones (within 1 mile of schools). It would place the responsibility of creating an inventory and map of such zones on oil and gas operators. It would also require more stringent leak response plans for the oil and gas facilities already operating within these zones. Pollution in the Permian Basin violates federal health standards. The American Lung Association rates the Eddy and  San Juan Counties an “F” for having some of the most unhealthy and polluted air in the country. One-pager from Permian Coalition.


Fracturing Fluid Disclosure and Use (PFAS) (HB 222)                        

This bill seeks to prohibit use of PFAS and require chemcial disclosure in oil and gas operations . Unlike other industries in New Mexico, oil & gas companies do not disclose all chemical additives. This has made it impossible to track all contaminants used in operations, like PFAS. Between 2013-2022, industry injected over 240 million pounds of trade secret chemicals in NM oil and gas operations. A lack of disclosure prohibits experts and the public from acessing critical health and safety data. Human health effects of known chemicals range from increased risk of cancer to birth defects. One-pager from Wildearth Guardians.

In answering the call to transition away from fossil-fuels and decarbonize our economy, the following three bills help expand access to solar energy development, particularly to disadvantaged communities.


Public Utility Rate Structures (HB 91

The Public Utility Rates Structures Act gives investor-owned utilities the power to provide New Mexico’s most vulnerable residents with lower electric and gas bills. Grants the PRC the authority to review and approve reasonable low-income rate proposals submitted by IOUs. Enables but does not require utilities to propose low income rates for our most vulnerable populations. One-page fact sheet from SWEEP (Southwest Energy Efficiency Project). 


Low-Income Utility Users (SB 156

This bill seeks to provide stability and financial predictability for low-income solar system owners by safeguarding the financial benefits of net metering. 1) Exempts low-income solar customers from rate riders for standby charges or ancillary services for new interconnected customers; 2) ​​Adds a definition for "low-income customer" to the public utility act, defined as 80% AMI or lower; 3) Directs IOUs to administer verification of low-income customers through an annual questionnaire.


New Mexico Solar Access Fund (HB 28)  

Proposed grant fund at the New Mexico Finance Authority, which will issue both planning and implementation grants 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. Planning includes procuring grant writers and technical expertise to plan and fund projects, and implementation includes funding construction, purchase, installation, and equipment of solar energy and storage systems. Public Power New Mexico has more information HERE. 


What can you do to support this legislation?


  1. Get in contact with your local congressional represenatives
  2. Show up for public comment at key hearings


To contact your local congressional represenative, you can find their information at "find my legislator."


To be kept in the loop about key hearings for public comment, sign up to be on our advocacy list. To be added, please contact our advocacy chair Ruth Striegel (ruthstriegel@gmail.com) and/or our assistant director Clara Sims (clara@nm-ipl.org). You can also see our living document that is tracking the bills we are focusing on this year.

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