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In Democratic New Mexico, Oil and Gas Legislation Doesn't Pass
In Democratic New Mexico, Oil and Gas Legislation Doesn't Pass

Yahoo

time07-04-2025

  • Politics
  • Yahoo

In Democratic New Mexico, Oil and Gas Legislation Doesn't Pass

A pumpjack operates north of Carlsbad, NM. A New Mexico Environment Department air quality monitoring station in Carlsbad recorded ozone levels that could lead to the region being declared an ozone nonattainment zone by the EPA. The air pollution comes from oil and gas operations in the area. (Photo by Jerry Redfern / Capital & Main) And poof — it's gone. New Mexico's biannual, 60-day lawmaking session ended after two breakneck final weeks with the Democratic-majority, volunteer legislators working right up to the noon deadline. In the end, it was another legislative session that confirmed business as usual for the state's oil and gas industry. Bills that would keep new wells away from schools; keep habitual rule violators and financially risky companies and people from buying wells; increase state fees and penalties to match the rate of inflation; and codify the state's much-touted methane regulation rules, as well as a bill to reduce the state's overall greenhouse gas emissions — all these and more were voted down or left undebated, preserving the industry status quo. But that may not last. Over the same 60-day period, which ended March 22, the Trump administration fired up its scorched-earth policy to dismantle the federal government, including plans to deregulate the oil and gas industry, easing the status quo for oil and gas producers. And despite warnings since the November election and increasing clarity over the last two months, New Mexico's legislators did not address the promised federal regulatory collapse in its just-finished session. Hours after being sworn into his second presidential term, Donald Trump sat down and signed 26 executive orders that, taken together, unwind much of the climate-related regulatory work begun under his predecessor, President Joe Biden. Two of those orders, Declaring a National Energy Emergency and Unleashing American Energy, amount to a set of promises to deregulate fossil fuel production, and particularly in the oil and gas industry, promising an earthquake of federal regulatory change for New Mexico, the nation's second-largest oil producer. That was Jan. 20. The next day, the New Mexico Legislature began its biannual two-month session. (In even-numbered years there is a one-month session devoted solely to the budget.) It's difficult to react to breaking changes coming out of Washington – State Rep. Matthew McQueen, D-Galisteo Then on March 12, 10 days before the end of the session, EPA Director Scott Zeldin announced the mechanisms to fulfil Trump's promises: a massive series of EPA regulation rollbacks that would dramatically deregulate oil and gas production, the state's most lucrative industry. 'We are driving a dagger straight into the heart of the climate change religion,' Zeldin said. At the time, Rep. Matthew McQueen (D-Galisteo) said, 'Right now, we're focused on what we have in front of us and what we can get across the finish line.' The short, two-month session kept state representatives and senators focused on immediate state matters, which took the form of 1,182 bills. Only 195 of those passed both chambers and went to Gov. Michelle Lujan Grisham for consideration and signature into law. Given the tidal wave of legislation and the session's tight timeframe, McQueen said, 'It's difficult to react to breaking changes coming out of Washington,' dagger or no. McQueen sponsored or co-sponsored five industry-related bills, though only one made it all the way through: a very specific royalty rate increase on new state leases in the most lucrative acreage of the Permian Basin, the nation's most prolific and profitable oilfield. It is one of just two notable changes for oil and gas producers in the session. The second successful bill ties state penalties for pipeline safety violations to the federal penalty rate, doubling the state's current level. A fiscal impact report estimated the change might bring the state, at most, another $125,000 a year, depending on the number of violations. The report also warned that under this arrangement the state penalty would be jeopardised should the federal government penalty change or be scrapped. Many legislators and Lujan Grisham tout what they call 'nationally leading' methane capture rules for the industry. But rules are not laws, and this session, McQueen again sponsored a bill that would put the state's natural gas capture requirements into law. His bill lingered for three weeks on the House floor and died there without a hearing when the session ended. 'Frustrating is the word for the Legislature,' McQueen said. 'Last year, this year, every year.' 'A mixed bag' is how Lujan Grisham described it to Capital & Main. 'Not having the 98% capture requirement in statute makes the entire methane rule vulnerable to wholesale repeal by a future administration,' Lujan Grisham said. 'The legislature denied too many common sense regulatory changes.' Another bill, sponsored by state Sen. Mimi Stewart (D-Albuquerque), would have set in law one of Lujan Grisham's first acts upon taking office in 2019, calling on the state to reduce its greenhouse gas emissions by at least 45% by 2030 compared to 2005 levels. That would likely require dramatic reductions in oilfield emissions by the industry. The New Mexico Oil and Gas Association took out a $126,000 online ad campaign to help defeat the bill, targeting both Stewart and state Sen. Benny Shendo (D-Jemez Pueblo). Later, in a Senate Finance Committee hearing, Shendo sided with all of the committee's Republicans and state Sen. George Muñoz (D-Gallup) to kill the bill. Muñoz is one of the top 10 recipients of oil and gas campaign contributions in the Legislature. Asked how the industry fared in the session, Missi Currier, president and CEO of the New Mexico Oil and Gas Association, said, 'NMOGA members sincerely appreciate the legislators who understand the vital role the oil and gas industry plays in New Mexico's economy.' The Legislature doesn't only haggle over new laws; it also budgets for the state's two oil and gas enforcement agencies as well. Ozone levels in New Mexico's portion of the Permian Basin have exceeded Clean Air Act standards for six years now, and the EPA hasn't acted. The Oil Conservation Division of the Energy, Minerals and Natural Resources Department is the primary enforcer of New Mexico's oilfield rules. It also supported several new regulatory bills that would have updated portions of its foundational Oil and Gas Act, which hasn't seen a major update in decades. This is the third session in a row that updates to the Act have died of inertia. One example: a bill that would have increased penalties and fees that haven't changed in years and was forcefully supported by the Oil Conservation Division made it through two committee hearings and then stalled. Lujan Grisham said its failure 'continues a distressing trend' of the Legislature not passing bills the Oil Conservation Division has repeatedly asked for. Speaking at a legislative committee hearing in November, Melanie Kenderdine, the Energy, Minerals and Natural Resources Department secretary, said that New Mexico ranked second among states in oil production, but ninth in regulatory staffing, and she asked for more staff. In the end, the division received a $7,992,700 budget increase over last year, $4.9 million of that in federal funding, according to Sidney Hill, the public information officer for the Energy, Minerals and Natural Resources Department. But, he said, 'There are no additional positions added for OCD in the operating budget.' And, he said, 'None of [the EPA] actions would overturn EMNRD regulations or programs designed to protect the environment and move our state to a clean-energy future.' It's a different story at the state's Environment Department, which, for the past few years, has had a rocky relationship with Sen. Muñoz, head of the Senate Finance Committee and the overarching Legislative Finance Committee. This year, the Environment Department is restructuring to consolidate multiple enforcement agencies currently spread across the department's many programs into a single Compliance and Enforcement Division. And the Legislature doesn't give money in a lump sum to the department — it specifies how much goes to each division within. Drew Goretzka, director of communications at the Environment Department, said that while the department's overall budget remained flat year-on-year in the Legislature's main finance bill, the new Compliance and Enforcement Division received only half of its $6 million request. Goretzka said it's too early to tell what effect that will have since the division is new. The Air Quality Bureau at the Environment Department monitors everything from quarry dust to asbestos to smoke across the state. Even so, until the restructuring, roughly 70% of its enforcement work dealt with the oil and gas industry. In the past, James Kenney, the Environment Department secretary, has said that inspectors find roughly half of oil and gas facilities don't meet state rules, and that's reflected in the enforcement numbers. Furthermore, ozone levels in New Mexico's portion of the Permian Basin have exceeded Clean Air Act standards for six years now, and the EPA hasn't acted. Outside scientists who monitored the air in the small town of Loving, New Mexico, said that while the rest of the country has improved its air quality, 'This area has gone backwards.' 'Concerning' is what Lujan Grisham called the lowball enforcement funding. 'The path forward must include adequate resources to ensure all industries, including oil and gas, operate responsibly while contributing to our state's economy,' she said. What's happening at EPA is a disaster … I cannot overstate the risk we now all face. – Erik Schlenker-Goodrich, Western Environmental Law Center For the past few years the Environmental Protection Agency, the Justice Department and the New Mexico Environment Department have worked together on oilfield sweeps that have turned up polluters and sparked enforcement actions. Goretzka said those projects are still ongoing. It's not clear if that will continue, or if New Mexico will be able to do the work on its own. 'NMED's air permitting and compliance programs are underfunded,' Goretzka said. 'EPA augmented our resources with technical staff, legal staff, contractors, and technologies like aerial surveillance.' He continued, 'The lack of such personnel and technology will certainly impact our oversight of industry.' Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center, said, 'What's happening at EPA is a disaster … I cannot overstate the risk we now all face.' His group has spent years holding state, federal and industry feet to the fire over environmental violations. 'Folks will, of course, fight all of this … but litigation takes years to resolve,' he said. Meanwhile, the EPA's moves to undercut oil and gas enforcement 'will cause dramatic, adverse harm to human health, our air and water, and our lands.' Joe Robledo, the usually affable press officer for the EPA Region 6 office that oversees New Mexico, responded to questions about the March 12 announcement with uncharacteristic bluster mirroring Zeldin's original announcement: 'With Administrator Lee Zeldin's historic announcement on March 12, New Mexico will see the fulfillment of President Trump's promise to unleash American energy, lower the cost of living, restore of [sic] the rule of law, and give power back to the states to make their own decisions — all while accomplishing EPA's core mission of protecting human health and the environment. In the days and weeks ahead, EPA will provide more information about this effort.' The EPA has provided no more information in the three weeks since Robledo's response. It has, however, clawed back money and accused the National Clean Investment Fund and Clean Communities Investment Accelerator — both Biden Administration projects — of 'fraud, waste and abuse.' The U.S. Department of Justice and Federal Bureau of Investigation have opened criminal investigations against the two groups, which fund climate-related projects in New Mexico. 'We expect those criminal investigations — which reek of lies and fabrications — to expand against anyone who opposes the administration's actions,' Schlenker-Goodrich said. 'Coupled with grotesque attacks on our federal workers and scientific research, it's impossible not to be enraged at all the absurd, noxious and authoritarian bullshit.' Back at the Legislature, industry regularly touted the billions paid into state coffers from oil and gas taxes — about a third of New Mexico's $10.8 billion operating budget. Speaking during a committee hearing, Rep. Derrick Lente (D-Sandia Pueblo), the chair of the House Taxation & Revenue Committee, said that oil and gas companies still made $10 billion in net profits in New Mexico in 2024 after paying their taxes. The industry also directly accounts for at least a third of New Mexico's total greenhouse gas emissions, according to the state's latest inventory. And while the Legislature didn't do anything to curb those particular emissions, it did pass legislation that will help New Mexicans cope with their climate change effects. Wildfire preparations, forest and watershed buffer projects, zero-interest natural disaster loans, flood recovery bonds and a community benefit fund for climate impact preparations — all passed the Legislature and await Lujan Grisham's signature. And a third of the money to fund all of those initiatives will come from oil and gas revenues, the industry producing and protecting the carbon fuels that drive climate change 'religion' in the first place.

New Mexico Game Commission reform bill moves forward after mixed response
New Mexico Game Commission reform bill moves forward after mixed response

Yahoo

time07-03-2025

  • Politics
  • Yahoo

New Mexico Game Commission reform bill moves forward after mixed response

SANTA FE, N.M. (KRQE) – An effort to restructure the New Mexico Game and Fish Department and raise hunting license fees, is moving through the roundhouse. The lawmakers behind the 'Game Commission Reform' bill say an update is long overdue. On Thursday, SB 5 was debated with mixed opinions. Story continues below Weather: PNM to shut off power in the East Mountains due to high winds Don't Miss: KRQE becomes home for New Mexico United matches Video: Police investigate January crash that injured 6 people in Albuquerque 'What we're trying to do is expand and clarify the mission of the department to be a full-fledged wildlife agency,' said Matthew McQueen (D-Santa Fe). Making the department better, that's what Rep. Matthew McQueen said he hopes to achieve by co-sponsoring a bill to reform the state's Department of Game and Fish, as well as the Game Commission. The bipartisan bill would rename the Game Commission to the 'State Wildlife Commission' and the Department of Game and Fish would become the Department of Wildlife. It would also add new requirements for the approval and removal of commissioners as well as create a committee to appoint potential candidates. On Thursday, some voiced concerns. 'This combination of the two concepts of management is going to detract from the game that's available for hunting and fishing in New Mexico and could dilute the management for species of concern,' said Howard Hutchinson with the Coalition of Arizona/New Mexico Counties. The bill would also update the hunting and fishing license fees, with increases ranging from $5 to more than $200. The sponsors said these fees haven't been changed in twenty years. 'License fee increase, yes it's needed. Many Outfitters like the creation of a Shed Hunting Season and there are even portions within the expanded (inaudible) session that would benefit the industry,' said Kerrie Romero with New Mexico Council of Outfitters and Guides. Some committee members said the bill didn't give enough attention to private landowners and ranchers, but lawmakers say they received input from lots of groups that could be affected. 'This is an excellent bill to continue to improve the future for wildlife here in New Mexico. It's going to take us into a new modernized system, it's going to be great for all of the people here in our great state,' said Senator Pete Campos (D-Las Vegas). The bill also allows for annual increases in licensing fees to adjust for inflation after 2027. After clearing Thursday's committee on a 6-2 vote, the bill just needs to pass on the House floor before heading to the governor's desk. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Bill to rename New Mexico Game and Fish Department snags approval
Bill to rename New Mexico Game and Fish Department snags approval

Yahoo

time28-01-2025

  • Politics
  • Yahoo

Bill to rename New Mexico Game and Fish Department snags approval

Whether you shoot with a camera or a gun, anyone who enjoys the outdoors in New Mexico will want to pay attention to Senate Bill 5 during the 60-day legislative session. The bill, which cleared its first legislative committee Monday, represents the biggest proposed reform of the New Mexico Game and Fish Department since its inception, from renaming it the Department of Wildlife and expanding its mission to reflect its new name to raising fees for hunting and fishing licenses for the first time in nearly two decades. The proposal, which the Senate Rules Committee endorsed 6-3, also would change the way members of the New Mexico Game Commission are appointed by creating a nominating committee that would vet applicants and recommend a list of eligible candidates to the governor. "Perhaps not everyone is 100% sold on the bill," said Rep. Matthew McQueen, D-Cerrillos, who has been pursuing similar legislation for years. "But we have heard from different points of view, and we have tried to address those points of view, so I think the bill is in pretty good shape." Though three Republican members of the Senate Rules Committee voted against SB 5, a fourth member of the GOP caucus, Sen. Crystal Brantley, R-Elephant Butte, not only voted in support of the legislation but signed on as a co-sponsor. McQueen said he views the bill as a package with four parts. The first changes the name of the department and "clarifies" its mission, he said. "The agency already conserves and manages a broad range of species, so the agency already has authority over some nongame species," he said. "What we're trying to do is clarify that authority and make it so the agency has the authority to engage in management of any species in New Mexico but the discretion not to." The second part of the bill reforms the State Game Commission, which oversees the agency. "In keeping with the history of the commission, we maintain seven seats overall," he said, "three at-large seats that have geographic and political diversity requirements and four new positions. There's a rancher or farmer, a hunter/angler, a conservationist and a scientist." McQueen predicts the commission would end up with more than one hunter, as has been the case in the past. "There's a lot of overlap between these different positions," he said. "The ultimate commission will have a mix of people that we think adequately represents diverse interests." Critical to the process is creating a nominating committee, he said, adding a bill that distributed the appointments to different political leaders in state government was vetoed by Gov. Michelle Lujan Grisham a couple of years ago. "What I realized in the process of working on that bill is that when I was trying to take the politics out of the commission, what I really was kind of doing was rearranging the politics," he said. "If you get an appointment from the speaker of the House, that's a fairly political appointment, and the governor, since it's an executive branch agency, also objected to having the Legislature make appointments." Members of the nominating committee, who would be appointed by different political officials, would review applicants' qualifications and send a list of eligible candidates for the governor, who would make an appointment with the consent of the Senate. "The governor will pick from a list of prescreened qualified people to be on the Game Commission," McQueen said, adding the new panel would have four advisory members, including the director of the state's Outdoor Recreation Division and the state land commissioner. Commissioners would serve six-year staggered terms "that will extend beyond a governor's term" to prevent a major shakeup when a new governor takes office. The third part of the bill would increase fees on 36 of 53 hunting and fishing licenses "and create a mechanism, using the consumer price index, for raising the fees in subsequent years without the need to amend statute," according to the fiscal impact report. "The fourth part of the bill, which actually isn't in the bill but is really important to the bill, is funding," McQueen said, adding the Legislative Finance Committee's proposed budget includes $3.5 million in annual funding for three years to help the department manage its "broader mission." "We've worked hard to accommodate diverse interests," he said. "I think we're in a good place." Supporters of the bill include the New Mexico Wildlife Federation, the Audubon Society and the New Mexico Soil and Water Conservation Districts. The only opposition was from the New Mexico Cattle Growers' Association, which raised concerns about expanding the mission of the department. While the association agrees license fees should be increased, President-elect Tom Paterson said they need to be "reasonable." He specifically called out the proposed increase for a junior trapper's license, which would jump to $50 from $9. "That's a problem for our rural kids," he said. "Regardless of your views on trapping, please don't punish rural kids."

Bill overhauling NM Game and Fish Department advances at Roundhouse
Bill overhauling NM Game and Fish Department advances at Roundhouse

Yahoo

time28-01-2025

  • Politics
  • Yahoo

Bill overhauling NM Game and Fish Department advances at Roundhouse

Jan. 27—SANTA FE — A renewed attempt to overhaul New Mexico's Game and Fish Department cleared its first assigned Senate committee on Monday, but not before facing a stream of questions. The bill, Senate Bill 5, would change the structure of the state Game Commission and increase license fees for fishing and hunting, among other changes. Before voting to advance the measure on Monday, some members of the Senate Rules Committee expressed concern about proposed increases for in-state residents, such as raising the cost for an annual resident fishing license from $25 to $35. But backers said the increased fees would help fund the changes to the Game and Fish Department, which would be rebranded as the New Mexico Department of Wildlife and have its duties expanded if the bill is enacted. Additional funding could also be provided for the effort under separate bills in the works during this year's 60-day legislative session. Rep. Matthew McQueen, D-Galisteo, said the Governor's Office convened meetings this summer to discuss the proposal and hear from different groups. "Perhaps not everyone is 100% sold on the bill, but we have heard from different points of view and we have tried to address those points of view," McQueen said. He also said it was "time" to pass the bill after several years of debate. This year's bill marks the latest attempt to restructure the seven-member Game Commission, after Gov. Michelle Lujan Grisham's removal of several commissioners and other turnover. The governor pocket vetoed a 2023 bill that would have changed how Game Commission members are appointed, while other measures have stalled at the Roundhouse. This year's proposal calls for the creation of a nominating committee to help vet new game commissioners, as is currently done for judicial vacancies. The bill has support from a broad coalition of conservation groups, including the local chapters of Trout Unlimited and the Audubon Society. "This is a holistic approach that is going to bring wildlife management in New Mexico into the 21st century," said Jesse Deubel of the New Mexico Wildlife Federation. However, not all groups are on board with the plan to revamp the Game Commission, which sets hunting and fishing regulations statewide and oversees the Game and Fish Department. Tom Paterson, a Catron County rancher and president-elect of the New Mexico Cattle Growers' Association, expressed misgivings with the plan to remove a requirement that Game Commission members represent different regions of the state. "We have an issue (now), we know who to call," Paterson said during Monday's hearing. He also pointed out some license fees could jump exponentially, including a junior trapper's license. But the proposal would allow some New Mexicans to get a discount on license fees, including residents who qualify for the federal food stamps program. The bill ultimately passed the committee on a 6-3 vote, with Sen. Crystal Brantley, R-Elephant Butte, joining the panel's Democratic members in voting in support. "A majority of New Mexicans can get behind most of what's in this bill," Brantley said. It now advances to the Senate Conservation Committee.

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