Bill to move oil and gas away from schools advances in House
Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com
Oil and gas companies could be forced to build drilling rigs and other facilities a mile from all schools in New Mexico if a bill advancing through the New Mexico Legislature becomes law.
House Bill 35 was advanced by the House Energy, Environment and Natural Resources Committee on a party-line vote with seven Democrats in favor and four Republicans voting no.
The bill cleared the committee without a recommendation, one of several options available to committees discussing bills during the legislative session. Committee members can approve a “do pass” or “do not pass” recommendation calling on the next committee that considers the bill to move it on or kill it; advance the bill with no recommendation; or “table” the bill to hold it back from further discussion.
With Tuesday’s vote, HB 35 must still be approved by the two required House committees, followed by a vote on the House floor before moving on to the Senate for a similar process.
Ahead of the vote to advance the bill, HB 35 survived a motion to table on a 7-4 vote with the same Republicans who voted no on advancing the bill also voting to table it. The motion to table was made by Rep. Rod Montoya (R-1) of Farmington.
What does the bill do?
If it makes it to the desk of Gov. Michelle Lujan Grisham and she signs it into law, HB 35 will impose the 1-mile setback between oil and gas facilities and schools, parks, or playgrounds associated with schools. Supporters say the setbacks, termed “Children’s Health Protection Zones,” would protect children from air pollution linked to oil and gas operations.
Any operations currently within such a zone would be subject to increased emissions monitoring. HB 35 also would give the state the authority to fine operators $30,000 per day, capped at a total of $3 million, for violations.
Montoya and other Republican opponents of the bill criticized the legislation as an effort to stymie New Mexico’s nation-leading oil and gas industry and curb economic growth in the state’s oil and gas regions: the southeast Permian Basin and northwest San Juan Basin.
Several local municipalities, including the city of Carlsbad, already have such setbacks in place, opponents of the bill argued. In the case of Carlsbad, an ordinance in effect since 2004 requires a 500-foot distance between oil and gas facilities and any buildings within the city limits.
“Each community has a setback that works for them,” said Jim Winchester, president of the Independent Petroleum Association of New Mexico, who spoke against the bill before the vote. “The local communities have not asked for a one-size-fits-all rule.”
But Kayley Shoup, a Carlsbad resident and member of local environmental nonprofit Citizens Caring for the Future, said existing municipal regulations and the state’s current fines could be inadequate to prevent worsening pollution.
Despite existing regulations, Shoup said, ozone levels have continued to rise in the southeast region, meaning stronger restrictions are needed.
“We’re actually one of the only regions in the country where ozone levels are rising, not declining,” she said. “These penalties must be large enough that there is an impact to these oil and gas companies, and it’s not just absorbed into their cost of business as it usually is.”
HB 35 sponsor Rep. Debra Sarinana (D-21) of Albuquerque said a statewide setback is needed in state law to ensure adequate protection for New Mexico schoolchildren, who she said are some of the state’s most vulnerable people.
Sarinana contended air quality was worsening, especially in the Permian Basin region shared by Eddy and Lea counties, where oil and gas operations continued to grow.
The U.S. Environmental Protection Agency said in 2022 it was investigating levels of ground-level ozone, or smog, in the area linked to oil and gas operations, and could list the entire region – Texas and New Mexico – out of compliance with the Clean Air Act. That could slow federal permits needed for oil and gas operations.
“We are not trying to shut down the oil and gas industry,” Sarinana said. “We are trying to hold them accountable.”
Rep. Elaine Sena Cortez (R-62) of Hobbs voted against the bill, calling it an “attack” on the oil and gas industry and a threat to the $13 billion the New Mexico Oil and Gas Association reported the industry contributed to state and local governments last year.
“A bill that will result in fewer dollars to educate our students and fewer jobs for hard working New Mexicans is not a serious proposal,” Sena Cortez said after the vote. “We must stop HB35 from continuing onward for the sake of our state’s future.”
