New Mexico 2025 Regular Session Status: In Committee 3 D cosponsors

HB 222 — FRACTURING FLUID DISCLOSURE & USE

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

184 added · 197 removed

Plain-language change summary

The latest version of HB 222 includes a new section addressing "downhole operations that have not been disclosed," which establishes guidelines for transparency in the oil and gas industry. This amendment also implies penalties for any violations, making it clear that companies must be accountable for their operations. This change is significant as it aims to enhance safety and environmental protection by ensuring that all drilling activities are adequately monitored and recorded.

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HOUSE BILL 222 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Andrea Romero and Jeff Steinborn and G.
HOUSE ENERGY, ENVIRONMENT AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR HOUSE BILL 222 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO THE ENVIRONMENT;
Andrés Romero 6 8 10 AN ACT RELATING TO THE ENVIRONMENT;
PROHIBITING THE USE OF CHEMICALS IN DOWNHOLE OPERATIONS THAT HAVE NOT BEEN DISCLOSED;
PROHIBITING THE USE OF CHEMICALS IN DOWNHOLE OPERATIONS THAT HAVE NOT BEEN DISCLOSED.
PRESCRIBING e t 17 PENALTIES.
e t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
w l n d 18 = = 19 a l BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
= = 19 a l SECTION 1.
i a e r 20 SECTION 1.
Section 70-2-33 NMSA 1978 (being Laws 1935, i a e r 20 Chapter 72, Section 24, as amended) is amended to read:
Section 70-2-33 NMSA 1978 (being Laws 1935, a t m m 21 Chapter 72, Section 24, as amended) is amended to read:
a t m m 21 "70-2-33.
d r e 22 "70-2-33.
c e s k 23 A.
d r e 22 A.
e a n b 24 (1) any individual, estate, trust, receiver, u [ cooperative association, club, corporation, company, firm, .228589.5 partnership, joint venture, syndicate or other entity;
c e s k 23 (1) any individual, estate, trust, receiver, e a n b 24 cooperative association, club, corporation, company, firm, u [ partnership, joint venture, syndicate or other entity;
or (2) the United States or any agency or instrumentality thereof or the state or any political subdivision thereof;
or .230822.2 HENRC/HB 222 (2) the United States or any agency or instrumentality thereof or the state or any political subdivision thereof;
The words "field" and "pool" mean the same thing when only one underground e t 17 reservoir is involved;
The words "field" and "pool" mean the same thing when only one underground reservoir is involved;
however, "field", unlike "pool", may w l n d 18 relate to two or more pools;
however, "field", unlike "pool", may e t 17 relate to two or more pools;
= = 19 a l D.
w l n d 18 D.
"product" means any commodity or thing made or i a e r 20 manufactured from crude petroleum oil or natural gas and all a t m m 21 derivatives of crude petroleum oil or natural gas, including d r e 22 refined crude oil, crude tops, topped crude, processed crude c e s k 23 petroleum, residue from crude petroleum, cracking stock, e a n b 24 uncracked fuel oil, treated crude oil, fuel oil, residuum, gas u [ oil, naphtha, distillate, gasoline, kerosene, benzine, wash .228589.5 - 2 - oil, waste oil, lubricating oil and blends or mixtures of crude petroleum oil or natural gas or any derivative thereof;
"product" means any commodity or thing made or = = 19 manufactured from crude petroleum oil or natural gas and all a l i a e r 20 derivatives of crude petroleum oil or natural gas, including a t m m 21 refined crude oil, crude tops, topped crude, processed crude d r e 22 petroleum, residue from crude petroleum, cracking stock, c e s k 23 uncracked fuel oil, treated crude oil, fuel oil, residuum, gas e a n b 24 oil, naphtha, distillate, gasoline, kerosene, benzine, wash u [ oil, waste oil, lubricating oil and blends or mixtures of crude .230822.2 - 2 - HENRC/HB 222 petroleum oil or natural gas or any derivative thereof;
"correlative rights" means the opportunity afforded, so far as it is practicable to do so, to the owner of each property in a pool to produce without waste the owner's just and equitable share of the oil or gas or both in the pool, e t 17 being an amount, so far as can be practicably determined and so w l n d 18 far as can be practicably obtained without waste, substantially = = 19 a l in the proportion that the quantity of recoverable oil or gas i a e r 20 or both under the property bears to the total recoverable oil a t m m 21 or gas or both in the pool and, for such purpose, to use the d r e 22 owner's just and equitable share of the reservoir energy;
"correlative rights" means the opportunity afforded, so far as it is practicable to do so, to the owner of each property in a pool to produce without waste the owner's just and equitable share of the oil or gas or both in the pool, being an amount, so far as can be practicably determined and so e t 17 far as can be practicably obtained without waste, substantially w l n d 18 in the proportion that the quantity of recoverable oil or gas = = 19 or both under the property bears to the total recoverable oil a l i a e r 20 or gas or both in the pool and, for such purpose, to use the a t m m 21 owner's just and equitable share of the reservoir energy;
c e s k 23 I.
d r e 22 I.
"potash" means the naturally occurring bedded e a n b 24 deposits of the salts of the element potassium;
"potash" means the naturally occurring bedded c e s k 23 deposits of the salts of the element potassium;
u [ J.
e a n b 24 J.
"casinghead gas" means any gas or vapor or both .228589.5 - 3 - indigenous to an oil stratum and produced from such stratum with oil, including any residue gas remaining after the processing of casinghead gas to remove its liquid components;
"casinghead gas" means any gas or vapor or both u [ indigenous to an oil stratum and produced from such stratum .230822.2 - 3 - HENRC/HB 222 with oil, including any residue gas remaining after the processing of casinghead gas to remove its liquid components;
"additive" means a chemical or combination of chemicals added to a base fluid for use in a hydraulic fracturing treatment and includes proppants;
O.
O.
"direct vendor" means a distributor, supplier or other entity that sells or supplies a chemical product directly to an operator;
"direct vendor" means a distributor, supplier or e t 17 other entity that sells or supplies a chemical product directly w l n d 18 to an operator;
"hydraulic fracturing fluid" means the fluid, including any base fluid and additives, used to perform a e t 17 hydraulic fracturing treatment;
= = 19 a l Q.
w l n d 18 Q.
"downhole operation" means oil and gas i a e r 20 operations that are conducted underground;
"operator" means a person who, duly authorized, = = 19 manages a lease's development or a producing property's a l i a e r 20 operation or who manages a facility's operation;
"hydraulic fracturing fluid" means the fluid, d r e 22 including any base fluid and additives, used to perform a c e s k 23 hydraulic fracturing treatment;
"per- or polyfluoroalkyl substance" means a d r e 22 substance in a class of fluorinated organic chemicals c e s k 23 containing at least one fully fluorinated carbon atom;
"intentionally added" means a per- or u [ polyfluoroalkyl substance deliberately added during the .228589.5 - 4 - manufacture of a product where the continued presence of the per- or poly-fluoroalkyl substance is desired in the final product or one of the product's components to perform a specific function;
"proppant" means a material added to a hydraulic u [ fracturing treatment to prevent the fractures created by the .230822.2 - 4 - HENRC/HB 222 treatment from closing;
T.
and T.
"operator" means a person authorized by the division to operate a unit for an oil or gas well or other oil or gas facility;
U.
"per- or polyfluoroalkyl substance" means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;
V.
"proppant" means a material added to a hydraulic fracturing treatment to prevent the fractures created by the treatment from closing;
and W.
A new section of the Oil and Gas Act is e t 17 enacted to read:
A new section of the Oil and Gas Act is enacted to read:
w l n d 18 "[NEW MATERIAL] PROHIBITION ON THE USE OF PER- AND = = 19 a l POLYFLUOROALKYL SUBSTANCES IN DOWNHOLE OIL AND GAS OPERATIONS-- i a e r 20 RULES--CIVIL PENALTY.-- a t m m 21 A.
"[NEW MATERIAL] PROHIBITION ON THE USE OF PER- AND POLYFLUOROALKYL SUBSTANCES IN DOWNHOLE OIL AND GAS OPERATIONS-- RULES.-- A.
An operator shall not use a hydraulic fracturing d r e 22 fluid, drilling fluid, proppant or other additive that contains c e s k 23 an intentionally added per- or polyfluoroalkyl substance in e a n b 24 downhole operations.
An operator shall not use a hydraulic fracturing fluid, drilling fluid, proppant or other additive that contains an intentionally added per- or polyfluoroalkyl substance in downhole operations.
u [ B.
B.
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The commission may adopt rules to carry out the .228589.5 - 5 - provisions of this section.
The commission may adopt rules to carry out the provisions of this section.
The provisions of this section do not apply to a product for which federal law governs the presence of a per- or polyfluoroalkyl substance in the product in a manner that preempts state authority.
The provisions of this section do not apply to a product for which federal law governs the presence of a per- or e t 17 polyfluoroalkyl substance in the product in a manner that w l n d 18 preempts state authority." = = 19 SECTION 3.
A new section of the Oil and Gas Act is a l i a e r 20 enacted to read:
a t m m 21 "[NEW MATERIAL] HYDRAULIC FRACTURING DISCLOSURES--NON- d r e 22 HYDRAULIC FRACTURING DISCLOSURES--PROHIBITION ON THE USE OF c e s k 23 UNDISCLOSED CHEMICALS IN DOWNHOLE OPERATIONS--RULES.-- e a n b 24 A.
An operator shall not commence any downhole u [ operations until the operator has completed and filed a .230822.2 - 5 - HENRC/HB 222 downhole chemical disclosure.
B.
An operator that has been issued a permit to drill by the division as of July 1, 2025 shall make the disclosures required by this section in a form or manner prescribed by the division.
C.
The downhole chemical disclosure required by this section shall only include individual chemical constituents and shall not require product, brand or trade names.
A person that violates a provision of this section may be assessed a civil penalty for a first violation not to exceed five thousand dollars ($5,000), and for each subsequent violation, a civil penalty not to exceed ten thousand dollars ($10,000).
The downhole chemical disclosure required by this section shall include:
Penalties collected pursuant to this section shall be deposited in the current school fund." SECTION 3.
A new section of the Oil and Gas Act is enacted to read:
"[NEW MATERIAL] HYDRAULIC FRACTURING DISCLOSURES-- NON-HYDRAULIC FRACTURING DISCLOSURES--PROHIBITION ON THE USE OF UNDISCLOSED CHEMICALS IN DOWNHOLE OPERATIONS--RULES.-- e t 17 A.
The division shall not issue a permit to drill w l n d 18 an oil and gas well to an operator or authorize any downhole = = 19 a l operations until the operator has completed and filed a i a e r 20 downhole chemical disclosure.
a t m m 21 B.
An operator that has been issued a permit to d r e 22 drill by the division as of July 1, 2025 shall make the c e s k 23 disclosures required by this section on or before August 1, e a n b 24 2025.
u [ C.
The downhole chemical disclosure required by .228589.5 - 6 - this section shall include:
(2) the total volume of water used or expected to be used in the operator's hydraulic fracturing treatment of the well or the type and total volume of base fluids expected to be used in the treatment, if something other than water;
(2) the total volume of water used or expected to be used in the operator's hydraulic fracturing treatment of the well or the type and total volume of base fluids expected e t 17 to be used in the treatment, if something other than water;
(3) each additive used or expected to be used in the operator's drilling, hydraulic fracturing or other downhole operation of the well, including the trade name, the supplier and a brief description of the intended use of function of each additive;
w l n d 18 (3) each additive used or expected to be used = = 19 in the operator's drilling, hydraulic fracturing or other a l i a e r 20 downhole operation of the well, the supplier and a brief a t m m 21 description of the intended use of function of each additive;
(4) each chemical ingredient used or expected to be used in the operator's hydraulic fracturing, drilling or other downhole treatment of the well;
d r e 22 (4) each chemical ingredient used or expected c e s k 23 to be used in the operator's hydraulic fracturing, drilling or e a n b 24 other downhole treatment of the well;
(5) the actual or maximum concentration of e t 17 each chemical listed in Paragraph (4) of this subsection in w l n d 18 percent by mass;
u [ (5) the actual or maximum concentration of .230822.2 - 6 - HENRC/HB 222 each chemical listed in Paragraph (4) of this subsection in percent by mass;
and = = 19 a l (6) the chemical abstracts service number of i a e r 20 each chemical listed in Paragraph (4) of this subsection, if a t m m 21 applicable.
(6) the chemical abstracts service number of each chemical listed in Paragraph (4) of this subsection, if applicable;
d r e 22 D.
and (7) a certification filed with the division that the operator has not used chemicals in downhole operations that have not been disclosed pursuant to this section or rules adopted pursuant to this section within forty-five days after completion of the downhole operation.
A manufacturer, direct vendor or service company c e s k 23 shall share information with the operator necessary to comply e a n b 24 with this section at the request of the operator.
E.
u [ E.
A manufacturer, direct vendor or service company shall share information with the operator necessary to comply with this section at the request of the operator.
If there is a change to the information in the .228589.5 - 7 - downhole chemical disclosure required by this section, an operator shall submit any changes to the information to the division within thirty days of knowledge of a change.
An operator shall not use a chemical in a downhole operation that the operator has not disclosed pursuant to this section or rules adopted pursuant to this section.
If there is a change to the information in the downhole chemical disclosure required by this section, an operator shall submit any changes to the information to the e t 17 division within thirty days of knowledge of a change.
An operator shall file a certification with the division that the operator has not used chemicals that have not been disclosed pursuant to this section or rules adopted pursuant to this section within forty-five days after completion of the downhole operation.
w l n d 18 G.
G.
If the national hydraulic fracturing chemical = = 19 registry website developed by the ground water protection a l i a e r 20 council and the interstate oil and gas compact commission is a t m m 21 inoperable or does not exist, an operator may comply with the d r e 22 provisions of this section by submitting the disclosures c e s k 23 required by this section to a publicly accessible website or to e a n b 24 the division, as specified by the division.
If the national hydraulic fracturing chemical registry website developed by the ground water protection council and the interstate oil and gas compact commission is inoperable or does not exist, an operator may comply with the provisions of this section by submitting the disclosures e t 17 required by this section to a publicly accessible website or to w l n d 18 the division, as specified by the division.
u [ H.
= = 19 a l H.
The division shall adopt rules to require .230822.2 - 7 - HENRC/HB 222 operators to make chemical disclosures for non-hydraulic fracturing downhole operations to the division.
The division shall adopt rules to require i a e r 20 operators to make chemical disclosures for non-hydraulic a t m m 21 fracturing downhole operations to the division.
The non- hydraulic fracturing disclosures shall be made accessible to the public.
The d r e 22 non-hydraulic fracturing disclosures shall be made accessible c e s k 23 to the public.
I.
e a n b 24 I.
The division may make rules necessary to carry out the provisions of this section." SECTION 4.
The division may make rules necessary to carry u [ out the provisions of this section." .228589.5 - 8 - SECTION 4.
- 9 - 5 7 9 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .228589.5
- 8 - 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .230822.2
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Action History

  1. action postponed indefinitely

  2. DO PASS committee report adopted

  3. DO NOT PASS, replaced with committee substitute

  4. Sent to House Energy, Environment and Natural Resources Committee & House Judiciary Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 222?
HB 222 is sponsored by Jeff Steinborn (Democrat), Andrea Romero (Democrat), and G. Andrés Romero (Democrat).
What is the current status of HB 222?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 222?
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