New Mexico 2025 Regular Session Status: In Committee 2 D cosponsors

SB 4 — CLEAR HORIZONS & GREENHOUSE GAS EMISSIONS

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

836 added · 684 removed

Plain-language change summary

The latest version of Senate Bill 4 introduces a few changes, notably removing one of the original sponsors, Andrea Romero. It clarifies that the document may include amendments that are proposed but not yet adopted, which helps set expectations for its current status. These adjustments reflect the bill's ongoing development process, allowing for better transparency as it relates to the environment and greenhouse gas emissions. This is important as it underscores the bill's commitment to both evaluating and addressing climate issues effectively.

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SENATE BILL 4 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Mimi Stewart and Kristina Ortez and Andrea Romero 6 8 10 AN ACT RELATING TO THE ENVIRONMENT;
SENATE BILL 4 57TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Mimi Stewart and Kristina Ortez This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ESTABLISHING STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
REQUIRING GREENHOUSE GAS EMISSIONS REPORTING;
h AN ACT g o RELATING TO THE ENVIRONMENT;
PROVIDING THAT STATE AGENCIES APPLY CLIMATE EQUITY PRINCIPLES TO POLICY AND RULE DEVELOPMENT;
ESTABLISHING STATEWIDE GREENHOUSE t hr g e i k GAS EMISSIONS LIMITS;
EXPANDING DUTIES AND POWERS OF THE ENVIRONMENTAL IMPROVEMENT BOARD;
REQUIRING GREENHOUSE GAS EMISSIONS h r i s REPORTING;
MAKING AN APPROPRIATION.
PROVIDING THAT STATE AGENCIES APPLY CLIMATE EQUITY h , t, PRINCIPLES TO POLICY AND RULE DEVELOPMENT;
e t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
EXPANDING DUTIES AND e u g e b l e e h POWERS OF THE ENVIRONMENTAL IMPROVEMENT BOARD;
= = 19 a l SECTION 1.
MAKING AN n d d i = = o h APPROPRIATION.
Section 74-1-3 NMSA 1978 (being Laws 1971, i a e r 20 Chapter 277, Section 3, as amended) is amended to read:
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 "74-1-3.
d m :
DEFINITIONS.--As used in the Environmental d r e 22 Improvement Act:
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e e a n e d r e l u [ A d SECTION 1.
c e s k 23 A.
Section 74-1-3 NMSA 1978 (being Laws 1971, Chapter 277, Section 3, as amended) is amended to read:
"annual greenhouse gas emissions limit" means e a n b 24 the maximum allowable annual quantity of greenhouse gas u [ emissions to meet the greenhouse gas emissions limits .228856.8 established in Subsection A of Section 74-1-19 NMSA 1978;
"74-1-3.
DEFINITIONS.--As used in the Environmental Improvement Act:
A.
"annual greenhouse gas emissions limit" means the maximum allowable annual quantity of greenhouse gas emissions to meet the greenhouse gas emissions limits established in Subsection A of Section 74-1-19 NMSA 1978;
[B.] C.
[B.
] C.
[C.] D.
[C.
] D.
[D.] E.
[D.
"fuel lifecycle" means an assessment of the aggregate greenhouse gas emissions based on science-based models or protocols, including direct emissions and significant indirect emissions from indirect land use change, all stages of fuel and feedstock production and distribution, feedstock generation or extraction through the distribution, delivery and use of the finished fuel by the consumer, including e t 17 consideration of storage, transportation and combustion;
] E.
w l n d 18 F.
"fuel lifecycle" means an assessment of the h g aggregate greenhouse gas emissions based on science-based o t hr models or protocols, including direct emissions and significant g e i k indirect emissions from indirect land use change, all stages of h r i s fuel and feedstock production and distribution, feedstock h , t, e u g generation or extraction through the distribution, delivery and e b l e e h use of the finished fuel by the consumer, including n d d i = = o h consideration of storage, transportation and combustion;
"greenhouse gas" means gaseous compounds that = = 19 a l absorb infrared radiation emitted from the earth's surface and i a e r 20 trap heat in the earth's atmosphere, including carbon dioxide, a t m m 21 methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, d r e 22 nitrogen trifluoride and sulfur hexafluoride, but not including c e s k 23 water vapor;
l ] b ,d i a º e r i = r F.
e a n b 24 G.
"greenhouse gas" means gaseous compounds that t e w d m a n o absorb infrared radiation emitted from the earth's surface and d m :
"greenhouse gas decade assessment" means a u [ greenhouse gas inventory and progress report prepared in the .228856.8 - 2 - year 2031 and every tenth year thereafter;
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 2 - e a n e d r e l u [ A d trap heat in the earth's atmosphere, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride and sulfur hexafluoride, but not including water vapor;
G.
"greenhouse gas decade assessment" means a greenhouse gas inventory and progress report prepared in the year 2031 and every tenth year thereafter;
[E.] J.
h [E.] J.
"on-site liquid waste system" means a liquid waste system, or part thereof, serving a dwelling, establishment or group, and using a liquid waste treatment unit designed to receive liquid waste followed by either a soil treatment or other type of disposal system.
"on-site liquid waste system" means a u » r liquid waste system, or part thereof, serving a dwelling, t h g e l i establishment or group, and using a liquid waste treatment unit h r i s designed to receive liquid waste followed by either a soil h , e h treatment or other type of disposal system.
"On-site liquid waste system" includes holding tanks and privies but does not e t 17 include systems or facilities designed to receive or treat mine w l n d 18 or mill tailings or wastes;
"On-site liquid t u g e b l e e , gh waste system" includes holding tanks and privies but does not n d d i = = o h include systems or facilities designed to receive or treat mine l ] b ,d i a º r or mill tailings or wastes;
= = 19 a l K.
e r = t e w d m a n o K.
"overburdened community" means the minority, i a e r 20 low-income, tribal and indigenous populations or communities a t m m 21 that potentially experience disproportionate environmental d r e 22 harms and risks as a result of greater vulnerability to c e s k 23 environmental hazards;
"overburdened community" means the minority, d m :
e a n b 24 [F.] L.
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 3 - e a n e d r e l u [ A d low-income, tribal and indigenous populations or communities that potentially experience disproportionate environmental harms and risks as a result of greater vulnerability to environmental hazards;
"person" means the state or [any] an u [ agency, institution or political subdivision thereof, [any] a .228856.8 - 3 - public or private corporation, individual, partnership, association or other entity and includes [any] an officer or governing or managing body of [any] a political subdivision or public or private corporation;
[F.] L.
"person" means the state or [any] an agency, institution or political subdivision thereof, [any] a public or private corporation, individual, partnership, association or other entity and includes [any ] an officer or governing or managing body of [any ] a political subdivision or public or private corporation;
[and] O.
[and ] O.
"statewide greenhouse gas emissions" means the total net anthropogenic emissions of greenhouse gases, expressed in carbon dioxide equivalent using a methodology determined to be appropriate by the department, including emissions from electricity generation for consumption in New Mexico, both imported and produced in New Mexico;
"statewide greenhouse gas emissions" means the h total net anthropogenic emissions of greenhouse gases, g o t hr expressed in carbon dioxide equivalent using a methodology g e i k determined to be appropriate by the department, including h r i s emissions from electricity generation for consumption in New h , t, Mexico, both imported and produced in New Mexico;
transportation fuels and heating fuels combusted in New Mexico;
e u g e b l e e h transportation fuels and heating fuels combusted in New Mexico;
e t 17 buildings and structures;
n d d i = = o h buildings and structures;
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residential, commercial, w l n d 18 institutional and industrial waste management;
residential, commercial, l ] b ,d i a º e institutional and industrial waste management;
manufacturing = = 19 a l processes;
manufacturing r i = r t e w d m a n o processes;
i a e r 20 production of agricultural and forest products;
d m :
and oil and gas a t m m 21 exploration, production, storage, distribution and d r e 22 transportation in the state;
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 4 - e a n e d r e l u [ A d production of agricultural and forest products;
and c e s k 23 [I.] P.
and oil and gas exploration, production, storage, distribution and transportation in the state;
"transportation fuel" means electricity or e a n b 24 a liquid, gaseous or blended fuel, including gasoline, diesel, u [ liquefied petroleum gas, natural gas and hydrogen, sold, .228856.8 - 4 - supplied, used or offered for sale to power vehicles or equipment for the purposes of transportation." SECTION 2.
and [I.] P.
"transportation fuel" means electricity or a liquid, gaseous or blended fuel, including gasoline, diesel, liquefied petroleum gas, natural gas and hydrogen, sold, supplied, used or offered for sale to power vehicles or equipment for the purposes of transportation." SECTION 2.
[NEW MATERIAL] GREENHOUSE GAS EMISSIONS LIMITS--REPORTING REQUIREMENTS.-- A.
[NEW MATERIAL ] GREENHOUSE GAS EMISSIONS LIMITS--REPORTING REQUIREMENTS.-- A.
(2) by 2040, at least seventy-five percent less than 2005 levels;
h (2) by 2040, at least seventy-five percent g o t hr less than 2005 levels;
and (3) by 2050 and in every subsequent year, one hundred percent less than 2005 levels by means developed by the board.
and g e i k (3) by 2050 and in every subsequent year, one h r i s hundred percent less than 2005 levels by means developed by the h , t, board.
B.
e u g e b l e e h B.
The limits set for 2030 and 2040 shall be e t 17 achieved solely through direct greenhouse gas emissions w l n d 18 reductions.
The limits set for 2030 and 2040 shall be n d d i = = o h achieved solely through direct greenhouse gas emissions l ] b ,d i a º e reductions.
= = 19 a l C.
r i = r t e w d m a n o C.
i a e r 20 (1) by July 1, 2026 and by July 1 of each a t m m 21 successive year, in consultation with the energy, minerals and d r e 22 natural resources department, the department of transportation, c e s k 23 the public regulation commission and other appropriate federal, e a n b 24 state, local and tribal entities, a greenhouse gas inventory u [ and progress report that includes:
d m :
.228856.8 - 5 - (a) an inventory of all statewide greenhouse gas emissions broken down by sector and that reports on changes from baseline data;
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 5 - e a n e d r e l u [ A d (1) by July 1, 2026 and by July 1 of each successive year, in consultation with the energy, minerals and natural resources department, the department of transportation, the public regulation commission and other appropriate federal, state, local and tribal entities, a greenhouse gas inventory and progress report that includes:
(a) an inventory of all statewide greenhouse gas emissions broken down by sector and that reports on changes from baseline data;
3) an identification of the actual or expected implementation date of each action;
3) an identification of the actual or expected h implementation date of each action;
4) a quantification and analysis of the projected greenhouse gas emissions reductions that each action will achieve;
4) a quantification and u » r analysis of the projected greenhouse gas emissions reductions t h g e l i that each action will achieve;
5) a quantification and analysis, by sector, of all gaps between the projected greenhouse gas emissions reductions and the statewide greenhouse gas emissions limits in Subsection A of this e t 17 section;
5) a quantification and h r i s analysis, by sector, of all gaps between the projected h , e h greenhouse gas emissions reductions and the statewide t u g e b l e e , gh greenhouse gas emissions limits in Subsection A of this n d d i = = o h section;
6) recommendations for legislation that would help w l n d 18 achieve additional greenhouse gas emissions reductions = = 19 a l sufficient to address all such gaps, including an estimate of i a e r 20 the emissions reductions;
6) recommendations for legislation that would help l ] b ,d i a º r achieve additional greenhouse gas emissions reductions e r = t e w d m a n o sufficient to address all such gaps, including an estimate of d m :
and 7) a description of the adverse a t m m 21 effects on overburdened communities of state programs to reduce d r e 22 greenhouse gas emissions and a description of the actions each c e s k 23 state agency has taken to prevent or minimize those adverse e a n b 24 effects;
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 6 - e a n e d r e l u [ A d the emissions reductions;
and u [ (2) by December 31, 2026, in consultation with .228856.8 - 6 - the energy, minerals and natural resources department, a greenhouse gas sector report containing an allocation by sector of the greenhouse gas emissions reductions that the department determines are necessary to achieve, through rulemaking, the statewide greenhouse gas emissions limits referred to in Subsection A of this section.
and 7) a description of the adverse effects on overburdened communities of state programs to reduce greenhouse gas emissions and a description of the actions each state agency has taken to prevent or minimize those adverse effects;
and (2) by December 31, 2026, in consultation with the energy, minerals and natural resources department, a greenhouse gas sector report containing an allocation by sector of the greenhouse gas emissions reductions that the department determines are necessary to achieve, through rulemaking, the statewide greenhouse gas emissions limits referred to in Subsection A of this section.
When publishing a greenhouse gas inventory and progress report or greenhouse gas sector report under Subsection C of this section, the department shall submit the report to the legislature, post the report on the department's website and mail the report to tribal governments.
When publishing a greenhouse gas inventory and h progress report or greenhouse gas sector report under u » r Subsection C of this section, the department shall submit the t h g e l i report to the legislature, post the report on the department's h r i s website and mail the report to tribal governments.
F.
h , e h F.
If the department determines in the greenhouse gas decade assessment that the applicable greenhouse gas e t 17 emissions limit in this section for the prior year was not w l n d 18 achieved, the department shall identify in the report the = = 19 a l additional actions, including additional rules, needed to meet i a e r 20 the statewide greenhouse gas emissions limits in Subsection A a t m m 21 of this section by the next greenhouse gas decade assessment." d r e 22 SECTION 3.
If the department determines in the greenhouse t u g e b l e e , gh gas decade assessment that the applicable greenhouse gas n d d i = = o h emissions limit in this section for the prior year was not l ] b ,d i a º r achieved, the department shall identify in the report the e r = t e w d m a n o additional actions, including additional rules, needed to meet d m :
A new section of the Environmental Improvement c e s k 23 Act is enacted to read:
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 7 - e a n e d r e l u [ A d the statewide greenhouse gas emissions limits in Subsection A of this section by the next greenhouse gas decade assessment." SECTION 3.
e a n b 24 "[NEW MATERIAL] STATE AGENCIES SHALL APPLY CLIMATE EQUITY u [ PRINCIPLES.--Except when expressly prohibited by law, a state .228856.8 - 7 - agency shall, to the extent practicable, apply climate equity principles to rule development that:
A new section of the Environmental Improvement Act is enacted to read:
"[NEW MATERIAL ] STATE AGENCIES SHALL APPLY CLIMATE EQUITY PRINCIPLES.--Except when expressly prohibited by law, a state agency shall, to the extent practicable, apply climate equity principles to rule development that:
Section 74-2-2 NMSA 1978 (being Laws 1967, Chapter 277, Section 2, as amended) is amended to read:
Section 74-2-2 NMSA 1978 (being Laws 1967, h Chapter 277, Section 2, as amended) is amended to read:
"74-2-2.
g o t hr "74-2-2.
DEFINITIONS.--As used in the Air Quality Control Act:
DEFINITIONS.--As used in the Air Quality Control g e i k Act:
A.
h r i s A.
"air contaminant" means a substance, including any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination e t 17 thereof or any decay or reaction product thereof;
"air contaminant" means a substance, including h , t, any particulate matter, fly ash, dust, fumes, gas, mist, smoke, e u g e b l e e h vapor, micro-organisms, radioactive material, any combination n d d i = = o h thereof or any decay or reaction product thereof;
w l n d 18 B.
l ] b ,d i a º e B.
"air pollution" means the emission, except = = 19 a l emission that occurs in nature, into the outdoor atmosphere of i a e r 20 one or more air contaminants in quantities and of a duration a t m m 21 that may with reasonable probability injure human health or d r e 22 animal or plant life or as may unreasonably interfere with the c e s k 23 public welfare, visibility or the reasonable use of property;
"air pollution" means the emission, except r i = r t e w d m a n o emission that occurs in nature, into the outdoor atmosphere of d m :
e a n b 24 C.
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 8 - e a n e d r e l u [ A d one or more air contaminants in quantities and of a duration that may with reasonable probability injure human health or animal or plant life or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property;
"annual greenhouse gas emissions limit" means u [ the maximum allowable annual quantity of greenhouse gas .228856.8 - 8 - emissions to meet the greenhouse gas emissions limits established in Subsection A of Section 74-1-19 NMSA 1978;
C.
"annual greenhouse gas emissions limit" means the maximum allowable annual quantity of greenhouse gas emissions to meet the greenhouse gas emissions limits established in Subsection A of Section 74-1-19 NMSA 1978;
[D.] E.
[D.
] E.
[E.] F.
[E.
"[emission] emissions limitation" or "[emission] emissions standard" means a requirement established by the environmental improvement board or the local board, the department, the local authority or the local agency or pursuant to the federal act that limits the quantity, rate or concentration, or combination thereof, of emissions of air contaminants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction;
] F.
[F.] G.
"[emission] emissions limitation" or "[emission ] emissions standard" means a requirement established by the environmental improvement board or the local board, the department, the local authority or the local agency or pursuant h to the federal act that limits the quantity, rate or g o t hr concentration, or combination thereof, of emissions of air g e i k contaminants on a continuous basis, including any requirements h r i s relating to the operation or maintenance of a source to assure h , t, continuous reduction;
"federal act" means the federal Clean Air e t 17 Act, its subsequent amendments and successor provisions;
e u g e b l e e h [F.
w l n d 18 [G.] H.
] G.
"federal standard of performance" means a = = 19 a l standard of performance, emission limitation or emission i a e r 20 standard adopted pursuant to 42 U.S.C.
"federal act" means the federal Clean Air n d d i = = o h Act, its subsequent amendments and successor provisions;
l ] b ,d i a º e [G.
] H.
"federal standard of performance" means a r i = r t e w d m a n o standard of performance, emission limitation or emission d m :
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 9 - e a n e d r e l u [ A d standard adopted pursuant to 42 U.S.C.
a t m m 21 I.
I.
"greenhouse gas" means gaseous compounds that d r e 22 absorb infrared radiation emitted from the earth's surface and c e s k 23 trap heat in the earth's atmosphere, including carbon dioxide, e a n b 24 methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, u [ nitrogen trifluoride and sulfur hexafluoride, but not including .228856.8 - 9 - water vapor;
"greenhouse gas" means gaseous compounds that absorb infrared radiation emitted from the earth's surface and trap heat in the earth's atmosphere, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride and sulfur hexafluoride, but not including water vapor;
"greenhouse gas monitoring requirements" means requirements that establish statewide greenhouse gas emissions monitoring and measurement protocols that report emissions in carbon dioxide equivalents, including requirements for greenhouse gas direct measurement, recordkeeping, reporting and verification;
"greenhouse gas monitoring requirements" means h requirements that establish statewide greenhouse gas emissions u » r monitoring and measurement protocols that report emissions in t h g e l i carbon dioxide equivalents, including requirements for h r i s greenhouse gas direct measurement, recordkeeping, reporting and h , e h verification;
M.
t u g e b l e e , gh M.
"greenhouse gas sector report" means the report e t 17 prepared and published by the department containing a proposed w l n d 18 allocation of the greenhouse gas emissions reductions, by = = 19 a l sector;
"greenhouse gas sector report" means the report n d d i = = o h prepared and published by the department containing a proposed l ] b ,d i a º r allocation of the greenhouse gas emissions reductions, by e r = t e w d m a n o sector;
i a e r 20 [H.] N.
d m :
"hazardous air pollutant" means an air a t m m 21 contaminant that has been listed as a hazardous air pollutant d r e 22 pursuant to the federal act;
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 10 - e a n e d r e l u [ A d [H.] N.
c e s k 23 [I.] O.
"hazardous air pollutant" means an air contaminant that has been listed as a hazardous air pollutant pursuant to the federal act;
"local agency" means the administrative e a n b 24 agency established by a local authority pursuant to Paragraph u [ (2) of Subsection A of Section 74-2-4 NMSA 1978;
[I.
.228856.8 - 10 - [J.] P.
] O.
"local agency" means the administrative agency established by a local authority pursuant to Paragraph (2) of Subsection A of Section 74-2-4 NMSA 1978;
[J.
] P.
[K.] Q.
h [K.
"local board" means a municipal, county or joint air quality control board created by a local authority;
] Q.
[L.] R.
"local board" means a municipal, county or g o t hr joint air quality control board created by a local authority;
"mandatory class I area" means any of the following areas in this state that were in existence on August 7, 1977:
g e i k [L.
(1) national wilderness areas that exceed five e t 17 thousand acres in size;
] R.
and w l n d 18 (2) national parks that exceed six thousand = = 19 a l acres in size;
"mandatory class I area" means any of the h r i s following areas in this state that were in existence on August h , t, 7, 1977:
i a e r 20 S.
e u g e b l e e h (1) national wilderness areas that exceed five n d d i = = o h thousand acres in size;
"methane emissions intensity" means the volume a t m m 21 of methane emissions from oil and gas exploration and d r e 22 production operations as a percentage of the volume of the c e s k 23 total gas marketed, or for oil production sites reporting no e a n b 24 gas production, the intensity calculation shall use ten metric u [ tons of methane per million barrels of oil sent to sale;
and l ] b ,d i a º e (2) national parks that exceed six thousand r i = r t e w d m a n o acres in size;
.228856.8 - 11 - [M.] T.
d m :
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 11 - e a n e d r e l u [ A d S.
"methane emissions intensity" means the volume of methane emissions from oil and gas exploration and production operations as a percentage of the volume of the total gas marketed, or for oil production sites reporting no gas production, the intensity calculation shall use ten metric tons of methane per million barrels of oil sent to sale;
[M.] T.
(3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act;
(3) installation of air pollution control h equipment, and all related process equipment and materials u » r necessary for its operation, undertaken for the purpose of t h g e l i complying with regulations adopted by the environmental h r i s improvement board or the local board or pursuant to the federal h , e h act;
or (4) unless previously limited by enforceable e t 17 permit conditions:
or t u g e b l e e , gh (4) unless previously limited by enforceable n d d i = = o h permit conditions:
w l n d 18 (a) an increase in the production rate, = = 19 a l if such increase does not exceed the operating design capacity i a e r 20 of the source;
l ] b ,d i a º r (a) an increase in the production rate, e r = t e w d m a n o if such increase does not exceed the operating design capacity d m :
a t m m 21 (b) an increase in the hours of d r e 22 operation;
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 12 - e a n e d r e l u [ A d of the source;
or c e s k 23 (c) use of an alternative fuel or raw e a n b 24 material if, prior to January 6, 1975, the source was capable u [ of accommodating such fuel or raw material or if use of an .228856.8 - 12 - alternate fuel or raw material is caused by a natural gas curtailment or emergency allocation or [an other] another lack of supply of natural gas;
(b) an increase in the hours of operation;
or (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material or if use of an alternate fuel or raw material is caused by a natural gas curtailment or emergency allocation or [an other ] another lack of supply of natural gas;
"overburdened community" means the minority, low-income, tribal and indigenous populations or communities that potentially experience disproportionate environmental harms and risks as a result of greater vulnerability to environmental hazards;
"overburdened community" means the minority, low-income, tribal and indigenous populations or communities that potentially experience disproportionate environmental h harms and risks as a result of greater vulnerability to g o t hr environmental hazards;
[O.] W.
g e i k [O.] W.
"person" includes an individual, partnership, corporation, association, the state or political subdivision of the state and any agency, department or instrumentality of the United States and any of their officers, e t 17 agents or employees;
"person" includes an individual, h r i s partnership, corporation, association, the state or political h , t, subdivision of the state and any agency, department or e u g e b l e e h instrumentality of the United States and any of their officers, n d d i = = o h agents or employees;
w l n d 18 [P.] X.
l ] b ,d i a º e [P.] X.
"potential emission rate" means the = = 19 a l emission rate of a source at its maximum capacity to emit a i a e r 20 regulated air contaminant under its physical and operational a t m m 21 design, provided any physical or operational limitation on the d r e 22 capacity of the source to emit a regulated air contaminant, c e s k 23 including air pollution control equipment and restrictions on e a n b 24 hours of operation or on the type or amount of material u [ combusted, stored or processed, shall be treated as part of its .228856.8 - 13 - physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department or the local agency pursuant to the Air Quality Control Act or the federal act;
"potential emission rate" means the r i = r t e w d m a n o emission rate of a source at its maximum capacity to emit a d m :
[Q.] Y.
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 13 - e a n e d r e l u [ A d regulated air contaminant under its physical and operational design, provided any physical or operational limitation on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department or the local agency pursuant to the Air Quality Control Act or the federal act;
[Q.
] Y.
[R.] Z.
[R.
] Z.
[S.] AA.
h [S.
"significant deterioration" means an increase in the ambient concentrations of an air contaminant above the levels allowed by the federal act or federal regulations for that air contaminant in the area within which the increase occurs;
] AA.
[T.] BB.
"significant deterioration" means an g o t hr increase in the ambient concentrations of an air contaminant g e i k above the levels allowed by the federal act or federal h r i s regulations for that air contaminant in the area within which h , t, the increase occurs;
"source" means a structure, building, e t 17 equipment, facility, installation or operation that emits or w l n d 18 may emit an air contaminant;
e u g e b l e e h [T.
= = 19 a l [U.] CC.
] BB.
"standard of performance" means a i a e r 20 requirement of continuous emission reduction, including any a t m m 21 requirement relating to operation or maintenance of a source to d r e 22 assure continuous emission reduction;
"source" means a structure, building, n d d i = = o h equipment, facility, installation or operation that emits or l ] b ,d i a º e may emit an air contaminant;
c e s k 23 [V.] DD.
r i = r t e w d m a n o [U.
"state implementation plan" means a plan e a n b 24 submitted by New Mexico to the federal environmental protection u [ agency pursuant to 42 U.S.C.
] CC.
"standard of performance" means a d m :
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 14 - e a n e d r e l u [ A d requirement of continuous emission reduction, including any requirement relating to operation or maintenance of a source to assure continuous emission reduction;
[V.] DD.
"state implementation plan" means a plan submitted by New Mexico to the federal environmental protection agency pursuant to 42 U.S.C.
[and] .228856.8 - 14 - EE.
[and ] EE.
agricultural products and forest products;
h agricultural products and forest products;
and oil and gas exploration, production, storage, distribution and transportation in the state;
and oil and gas u » r exploration, production, storage, distribution and t h g e l i transportation in the state;
and [W.] FF.
and h r i s [W.] FF.
"toxic air pollutant" means an air contaminant, except a hazardous air pollutant, classified by the environmental improvement board or the local board as a e t 17 toxic air pollutant." w l n d 18 SECTION 5.
"toxic air pollutant" means an air h , e h contaminant, except a hazardous air pollutant, classified by t u g e b l e e , gh the environmental improvement board or the local board as a n d d i = = o h toxic air pollutant." l ] b ,d i a º r SECTION 5.
A new section of the Air Quality Control Act, = = 19 a l Section 74-2-5.4 NMSA 1978, is enacted to read:
A new section of the Air Quality Control Act, e r = t e w d m a n o Section 74-2-5.4 NMSA 1978, is enacted to read:
i a e r 20 "74-2-5.4.
d m :
[NEW MATERIAL] ENVIRONMENTAL IMPROVEMENT BOARD a t m m 21 AND LOCAL BOARD--ADDITIONAL DUTIES AND POWERS.-- d r e 22 A.
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 15 - e a n e d r e l u [ A d "74-2-5.4.
The environmental improvement board and local c e s k 23 board shall regulate greenhouse gas emissions to meet the e a n b 24 statewide greenhouse gas emissions limits established in u [ Subsection A of Section 74-1-19 NMSA 1978.
[NEW MATERIAL] ENVIRONMENTAL IMPROVEMENT BOARD AND LOCAL BOARD--ADDITIONAL DUTIES AND POWERS.-- A.
The environmental .228856.8 - 15 - improvement board and local board shall adopt or amend rules as necessary to meet the greenhouse gas emissions limits established in Subsection A of Section 74-1-19 NMSA 1978.
The environmental improvement board and local board shall regulate greenhouse gas emissions to meet the statewide greenhouse gas emissions limits established in Subsection A of Section 74-1-19 NMSA 1978.
The environmental improvement board and local board shall adopt or amend rules as necessary to meet the greenhouse gas emissions limits established in Subsection A of Section 74-1-19 NMSA 1978.
(2) include requirements to monitor, measure, report and verify oil and gas exploration and production operation methane emissions as measured by empirical methods;
SCONCº (2) include requirements to monitor, measure, report and verify emissions from all sectors;»SCONC h SCONCº(2)»SCONC SCONCº(3)»SCONC include g o t hr requirements to monitor, measure, report and verify oil and gas g e i k exploration and production operation methane emissions as h r i s measured by empirical methods;
and (3) shall be utilized by the department in future greenhouse gas inventory and progress reports.
and h , t, e u g SCONCº (3)»SCONC SCONCº(4)»SCONC shall be e b l e e h utilized by the department in future greenhouse gas inventory n d d i = = o h and progress reports.
C.
l ] b ,d i a º e C.
By January 1, 2028, the environmental improvement board and local board shall adopt rules for the e t 17 reduction of greenhouse gas emissions from sectors other than w l n d 18 oil and gas exploration and production operations sufficient to = = 19 a l meet the statewide greenhouse gas emissions limits in i a e r 20 Subsection A of Section 74-1-19 NMSA 1978 and adopt annual a t m m 21 greenhouse gas limits considering those annual limits proposed d r e 22 by the department.
By January 1, 2028, the environmental r i = r t e w d m a n o improvement board and local board shall adopt rules for the d m :
The department and local agency shall c e s k 23 propose rules to the environmental improvement board and local e a n b 24 board based on the greenhouse gas sector report.
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 16 - e a n e d r e l u [ A d reduction of greenhouse gas emissions from sectors other than SCONCº methane from»SCONC oil and gas exploration and production operations sufficient to meet the statewide greenhouse gas emissions limits in Subsection A of Section 74-1-19 NMSA 1978 and adopt annual greenhouse gas limits considering those annual limits proposed by the department.
If the u [ department or local agency concludes that it is most efficient .228856.8 - 16 - to determine all sectors in one rulemaking, the department or local agency may propose rulemaking for all sectors at the same time.
The department and local agency shall propose rules to the environmental improvement board and local board based on the greenhouse gas sector report.
If the department or local agency concludes that it is most efficient to determine all sectors in one rulemaking, the department or local agency may propose rulemaking for all sectors at the same time.
D.
h D.
If the environmental improvement board or local board have not promulgated rules pursuant to Subsection C of this section that include methane emissions from oil and gas exploration and production operations, the environmental improvement board or local board shall promulgate by July 1, 2028 a rule that the board determines shall achieve the necessary methane emission reductions from oil and gas exploration and production operations.
If the environmental improvement board or local u » r board have not promulgated rules pursuant to Subsection C of t h g e l i this section that include methane emissions from oil and gas h r i s exploration and production operations, the environmental h , e h improvement board or local board shall promulgate by July 1, t u g e b l e e , gh 2028 a rule that the board determines shall achieve the n d d i = = o h necessary methane emission reductions from oil and gas l ] b ,d i a º r exploration and production operations.
E.
e r = t e w d m a n o E.
The rule to achieve greenhouse gas emissions reductions from the oil and gas industry must ensure reductions e t 17 that are at least equivalent to:
The rule to achieve greenhouse gas emissions d m :
w l n d 18 (1) by 2030, a level of emissions of no more = = 19 a l than three-tenths of one percent methane emissions intensity;
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 17 - e a n e d r e l u [ A d reductions from SCONCºthe oil and gas industry»SCONC SCONCºmethane from oil and gas exploration and production operations»SCONC must ensure reductions that are at least equivalent to:
i a e r 20 (2) by 2040, a level of emissions of no more a t m m 21 than two-tenths of one percent methane emissions intensity;
(1) by 2030, a level of emissions of no more than three-tenths of one percent methane emissions intensity;
and d r e 22 (3) by 2050, a level of emissions of no more c e s k 23 than one-tenth of one percent methane emissions intensity.
(2) by 2040, a level of emissions of no more than two-tenths of one percent methane emissions intensity;
e a n b 24 F.
and (3) by 2050, a level of emissions of no more than one-tenth of one percent methane emissions intensity.
The environmental improvement board may amend or u [ adopt rules necessary or revise sector allocations to meet the .228856.8 - 17 - statewide greenhouse gas emissions limits established in Section 74-1-19 NMSA 1978.
F.
The environmental improvement board may amend or adopt rules necessary or revise sector allocations to meet the statewide greenhouse gas emissions limits established in Section 74-1-19 NMSA 1978.
(1) shall ensure that the rules do not have a disparate adverse effect on overburdened communities and apply climate equity principles pursuant to the provisions of the Environmental Improvement Act;
h (1) shall ensure that the rules do not have a g o t hr disparate adverse effect on overburdened communities and apply g e i k climate equity principles pursuant to the provisions of the h r i s Environmental Improvement Act;
(2) shall rely, as deemed appropriate, on the greenhouse gas emissions inventory and progress report developed by the department pursuant to Subsection C of Section 74-1-19 NMSA 1978;
h , t, e u g (2) shall rely, as deemed appropriate, on the e b l e e h greenhouse gas emissions inventory and progress report n d d i = = o h developed by the department pursuant to Subsection C of Section l ] b ,d i a º e 74-1-19 NMSA 1978;
(3) may implement an emissions limitation or control measure that results in an enforceable emissions reduction, including those allowed by the federal Clean Air Act, 74 U.S.C.
r i = r t e w d m a n o (3) may implement an emissions limitation or d m :
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 18 - e a n e d r e l u [ A d control measure that results in an enforceable emissions reduction, including those allowed by the federal Clean Air Act, 74 U.S.C.
e t 17 (4) shall take into consideration other w l n d 18 relevant state and federal laws, rules and enforceable = = 19 a l requirements that contribute to reductions in greenhouse gas i a e r 20 emissions;
(4) shall take into consideration other relevant state and federal laws, rules and enforceable requirements that contribute to reductions in greenhouse gas emissions;
a t m m 21 (5) may take into consideration federal, state d r e 22 or philanthropic investments, grant programs and financial c e s k 23 incentives or voluntary actions taken by local governments and e a n b 24 private entities that contribute to reductions in greenhouse u [ gas emissions as the environmental improvement board or the .228856.8 - 18 - local board deems appropriate;
(5) may take into consideration federal, state or philanthropic investments, grant programs and financial incentives or voluntary actions taken by local governments and private entities that contribute to reductions in greenhouse gas emissions as the environmental improvement board or the local board deems appropriate;
(7) may address sectors separately or in combination as long as the requirements are otherwise met;
h SCONCº and»SCONC u » r (7) may address sectors separately or in t h g e l i combination as long as the requirements are otherwise met h r i s SCONCº ;
and (8) shall, at least once every five years, based on information provided by the department, reevaluate the effectiveness of the rules adopted pursuant to this section in achieving the statewide greenhouse gas emissions limits in Subsection A of Section 74-1-19 NMSA 1978.
and»SCONC SCONCº.»SCONC h , e h SCONCº(8)»SCONC t u g e b l e e , gh SCONCºH.
H.
The environmental improvement board and n d d i = = o h local board»SCONC shall, at least once every five years, based l ] b ,d i a º r on information provided by the department, reevaluate the e r = t e w d m a n o effectiveness of the rules adopted pursuant to this section in d m :
The environmental improvement board and local board shall develop and may amend a schedule of fees to defray department administrative costs, which shall be deposited in the state air quality permit fund." SECTION 6.
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 19 - e a n e d r e l u [ A d achieving the statewide greenhouse gas emissions limits in Subsection A of Section 74-1-19 NMSA 1978.
APPROPRIATION.--Three million dollars e t 17 ($3,000,000) is appropriated from the general fund to the w l n d 18 department of environment for expenditure in fiscal year 2026 = = 19 a l and subsequent fiscal years to administer the greenhouse gas i a e r 20 emissions reduction program.
SCONCº H.»SCONC SCONCºI.»SCONC The environmental improvement board and local board shall develop and may amend a schedule of fees to defray department administrative costs, which shall be deposited in the state air quality permit fund." SECTION 6.
Any unexpended or unencumbered a t m m 21 balance remaining at the end of a fiscal year shall not revert d r e 22 to the general fund.
APPROPRIATION.--Three million dollars ($3,000,000) is appropriated from the general fund to the department of environment for expenditure in fiscal year 2026 and subsequent fiscal years to administer the greenhouse gas emissions reduction program.
c e s k 23 - 19 - e a n b 24 u [ .228856.8
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
- 20 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. DO PASS, as amended, committee report adopted

  3. Sent to Senate Conservation Committee & Senate Finance 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 SB 4?
SB 4 is sponsored by Kristina Ortez (Democrat), Mimi Stewart (Democrat), and Romero, G.A.
What is the current status of SB 4?
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.
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