Albuquerque Journal

Oil and Gas Act overdue for climate, health update

The New Mexico act, our state’s bedrock oil and gas law, was written in 1935

- BY ALEX NARANJO CHAIRMAN, RIO ARRIBA COUNTY COMMISSION

Over the past century, the New Mexico oil and gas industry has played an important and outsized role in boosting our local economies and maintainin­g our public services and infrastruc­ture. Today, we know that oil and gas pollution poses public health risks to frontline communitie­s. I believe it is time to modernize the New Mexico Oil and Gas Act to reflect the realities of oil and gas production in 2023 and prioritize our climate and public health.

The New Mexico Oil and Gas Act, our state’s bedrock oil and gas law, was originally written in 1935. Over the past 88 years, a lot has changed, including our knowledge of the health and environmen­tal impacts from industry pollution and advances in technology that allow the industry to extract oil and gas resources more efficientl­y and effectivel­y.

Sen. Leo Jaramillo, D-Española, has introduced the New Mexico Oil and Gas Justice Reform Act, which would modernize the Oil and Gas Act in several key ways to emphasize public health and safety and protect our communitie­s. This bill will benefit the industry and frontline communitie­s by giving state agencies an enforceabl­e mandate to regulate the breadth of oil and gas activities including reducing gas leaks, allowing companies to maximize production and establishi­ng setbacks to protect the health and safety of those living near operations.

Importantl­y, Senate Bill 418 democratiz­es the Oil Conservati­on Commission by reducing financial conflicts of interest and expanding the number of commission­ers to include two members representi­ng protection of the environmen­t and public health and the interests of front-line and environmen­tal justice communitie­s. The 1935 Oil and Gas Act allows individual­s who work for the industry to sit on the commission. By eliminatin­g this very real “fox guarding the hen house” oversight, SB 418 levels the playing field and ensures all New Mexicans are getting a fair shake.

In addition, SB 418 would: provide modernized bonding amounts or financial assurance to plug and clean up wells by removing the cap on “blanket bonds”; do away with the cap on civil penalties for industry violations; and expand eligibilit­y requiremen­ts for the Oil Conservati­on Division director. It would also establish an environmen­tal justice advisory council to protect those who bear the brunt of oil and gas pollution, often Native Americans and other communitie­s of color.

As an elected official representi­ng a county with significan­t oil and gas activity, I understand the important role the industry plays in New Mexico. I also know the oil and gas industry cannot operate by the same laws and principles that have been in place since before World War II. In a state experienci­ng catastroph­ic wildfires, recordsett­ing heat and dwindling water resources, we must bring the Oil and Gas Act into the 21st century.

Approving oil and gas developmen­t without regard to location or protection of our air and water was the only public interest considered when the Oil and Gas Act was enacted. Now we know we can reduce, and in some cases prevent, the most harmful impacts of oil and gas developmen­t by utilizing best practices. Responsibl­e laws guiding developmen­t are key to mitigating the climate crisis, protecting communitie­s from pollution, and ensuring our air and water are clean. It only makes sense we modernize the laws governing the oil and gas industry. I urge the New Mexico Legislatur­e to stand up for all New Mexicans and pass SB 418.

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