SB 4 — CLEAR HORIZONS & GREENHOUSE GAS EMISSIONS
Last action — action postponed indefinitely
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 removedPlain-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.
SENATE BILL 4 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Mimi Stewart and Kristina Ortez andThis Andreadocument Romeromay 6incorporate 8amendments 10proposed ANby ACTa RELATINGcommittee, TObut THEnot ENVIRONMENT;yet adopted, as well as amendments that have been adopted during the current legislative session.
ESTABLISHINGThe STATEWIDEdocument GREENHOUSEis GASa EMISSIONStool LIMITS;to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
REQUIRINGh GREENHOUSEAN GASACT EMISSIONSg REPORTING;o RELATING TO THE ENVIRONMENT;
PROVIDINGESTABLISHING THATSTATEWIDE STATEGREENHOUSE AGENCIESt APPLYhr CLIMATEg EQUITYe PRINCIPLESi TOk POLICYGAS ANDEMISSIONS RULELIMITS; DEVELOPMENT;
EXPANDINGREQUIRING DUTIESGREENHOUSE ANDGAS POWERSEMISSIONS OFh THEr ENVIRONMENTALi IMPROVEMENTs BOARD;REPORTING;
MAKINGPROVIDING ANTHAT APPROPRIATION.STATE AGENCIES APPLY CLIMATE EQUITY h , t, PRINCIPLES TO POLICY AND RULE DEVELOPMENT;
eEXPANDING tDUTIES 17AND we lu ng de 18b BEl ITe ENACTEDe BYh THEPOWERS LEGISLATURE OF THE STATEENVIRONMENTAL OFIMPROVEMENT NEWBOARD; MEXICO:
=MAKING =AN 19n ad ld SECTIONi 1.= = o h APPROPRIATION.
Sectionl 74-1-3] NMSAb 1978,d (beingi Lawsa 1971,º e r i a= r t e rw 20d Chapterm 277,a Sectionn 3,o asBE amended)IT isENACTED amendedBY toTHE read:LEGISLATURE OF THE STATE OF NEW MEXICO:
ad t m m: 21 "74-1-3.
DEFINITIONS.--Asb usede ind thes Environmentalº o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e e a n e d r e 22l Improvementu Act:[ A d SECTION 1.
cSection e74-1-3 sNMSA k1978 23(being A.Laws 1971, Chapter 277, Section 3, as amended) is amended to read:
"annual"74-1-3. 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;
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.][B. C.
] C.
[C.][C. D.
] D.
[D.][D. E.
"fuel] lifecycle"E. 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;
w"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 18d F.i = = o h consideration of storage, transportation and combustion;
"greenhouse gas" means gaseous compounds that = = 19 a l absorb] infraredb radiation,d emitted from the earth's surface and i a º e r 20i trap= heat in the earth's atmosphere, including carbon dioxide, a t m m 21 methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, d r eF. 22 nitrogen trifluoride and sulfur hexafluoride, but not including c e s k 23 water vapor;
"greenhouse gas" means gaseous compounds that t e w d m a n bo 24absorb G.infrared radiation emitted from the earth's surface and d m :
"greenhouseb gase decaded assessment"s meansº ao ut [n greenhouse= gas.228856.8AIC inventoryJanuary and28, progress2025 report(7:09pm) prepareds ink them .228856.8e - 2 - yeare 2031a 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 everysulfur tenthhexafluoride, yearbut thereafter;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;
h [E.] J.
"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 t u g e b l e e , gh waste system" includes holding tanks and privies but does not en td 17d i = = o h include systems or facilities designed to receive or treat mine w l n] db 18,d i a º r or mill tailings or wastes;
=e r = 19t e w d m a ln o K.
"overburdened community" means the minority, id 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;
b r e t º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 3 - e a n be 24d [F.]r L.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"[F.] meansL. 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;
"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][and ] O.
"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;
e u g e b l e e h transportation fuels and heating fuels combusted in New Mexico;
en td 17d i = = o h buildings and structures;
Show all 187 changed lines (147 more)
residential, commercial, w l n] db 18,d i a º e institutional and industrial waste management;
manufacturing =r i = 19r t e w d m a ln o processes;
id am e: r 20 production of agricultural and forest products;
andb oile andd gass aº o t mn = .228856.8AIC January 28, 2025 (7:09pm) s k m 21e exploration,- production,4 storage,- distributione anda n e d r e 22l transportationu in[ theA state;d production of agricultural and forest products;
and coil eand sgas kexploration, 23production, [I.]storage, P.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,[I.] sold,P. .228856.8 - 4 - supplied, used or offered for sale to power vehicles or equipment for the purposes of transportation." SECTION 2.
"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]MATERIAL ] GREENHOUSE GAS EMISSIONS LIMITS--REPORTING REQUIREMENTS.-- A.
h (2) by 2040, at least seventy-five percent g o t hr less than 2005 levels;
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.
e u g e b l e e h B.
The limits set for 2030 and 2040 shall be en td 17d i = = o h achieved solely through direct greenhouse gas emissions w l n] db 18,d i a º e reductions.
=r i = 19r t e w d m a ln o C.
id 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:
.228856.8b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 5 - (a)e ana inventoryn ofe alld statewider greenhousee gasl emissionsu broken[ downA d (1) by sectorJuly 1, 2026 and thatby reportsJuly on1 changesof fromeach baselinesuccessive data;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 h implementation date of each action;
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 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 en td 17d i = = o h section;
6) recommendations for legislation that would help w l n] db 18,d i a º r achieve additional greenhouse gas emissions reductions =e r = 19t e w d m a ln o sufficient to address all such gaps, including an estimate of id am e: r 20 the emissions reductions;
andb 7)r ae descriptiont ofº theo adverse a t mn m= 21.228856.8AIC effectsJanuary on28, overburdened2025 communities(7:09pm) ofs statek programsm toe reduce- d6 r- e 22 greenhouse gas emissions and a descriptionn ofe thed actionsr each c e sl ku 23[ stateA agencyd hasthe takenemissions toreductions; prevent or minimize those adverse e a n b 24 effects;
and u7) [a (2)description byof December 31, 2026, in consultation with .228856.8 - 6 - the energy,adverse mineralseffects andon naturaloverburdened resourcescommunities department,of astate greenhouseprograms gasto sectorreduce report containing an allocation by sector of the greenhouse gas emissions reductionsand thata thedescription departmentof determines are necessary to achieve, through rulemaking, the statewideactions greenhouseeach gasstate emissionsagency limitshas referredtaken to inprevent Subsectionor Aminimize ofthose thisadverse section.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 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.
h , e h F.
If the department determines in the greenhouse t u g e b l e e , gh gas decade assessment that the applicable greenhouse gas en td 17d i = = o h emissions limit in this section for the prior year was not w l n] db 18,d i a º r achieved, the department shall identify in the report the =e r = 19t e w d m a ln o additional actions, including additional rules, needed to meet id 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.
Ab newr sectione oft theº Environmentalo Improvementt cn e= .228856.8AIC January 28, 2025 (7:09pm) s k 23m Acte is- enacted7 to- read: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.
eA anew nsection bof 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 extentEnvironmental practicable,Improvement applyAct climateis equityenacted principles to ruleread: development that:
"[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, h Chapter 277, Section 2, as amended) is amended to read:
g o t hr "74-2-2.
DEFINITIONS.--As used in the Air Quality Control g e i k Act:
h r i s A.
"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 en td 17d i = = o h thereof or any decay or reaction product thereof;
w l n] db 18,d i a º e B.
"air pollution" means the emission, except =r i = 19r t e w d m a ln o emission that occurs in nature, into the outdoor atmosphere of id 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;
b e d s º o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m e - 8 - e a n be 24d C.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;
"annualC. 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;
"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.][D. E.
] E.
[E.][E. F.
"[emission]] emissionsF. 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.]"[emission] G.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;
"federale act"u meansg thee federalb Cleanl Aire e th 17[F. Act, its subsequent amendments and successor provisions;
w] lG. n d 18 [G.] H.
"federal standardact" of performance" means athe =federal =Clean 19Air an ld standardd of performance, emission limitation or emission i a= e= ro 20h standardAct, adoptedits pursuantsubsequent toamendments 42and U.S.C.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.
"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 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;
t u g e b l e e , gh M.
"greenhouse gas sector report" means the report en td 17d i = = o h prepared and published by the department containing a proposed w l n] db 18,d i a º r allocation of the greenhouse gas emissions reductions, by =e r = 19t e w d m a ln o sector;
id am e: r 20 [H.] N.
"hazardousb airr pollutant"e meanst anº airo a t mn m= 21.228856.8AIC contaminantJanuary that28, has2025 been(7:09pm) listeds ask am hazardouse air- pollutant10 - e a n e d r e 22l pursuantu to[ theA federald act;[H.] N.
c"hazardous eair spollutant" kmeans 23an [I.]air O.contaminant that has been listed as a hazardous air pollutant pursuant to the federal act;
"local[I. 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;
.228856.8] -O. 10 - [J.] P.
"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.]h Q.[K.
"local] board"Q. means a municipal, county or joint air quality control board created by a local authority;
[L.]"local R.board" means a municipal, county or g o t hr joint air quality control board created by a local authority;
"mandatoryg classe Ii area"k means[L. any of the following areas in this state that were in existence on August 7, 1977:
(1)] nationalR. wilderness areas that exceed five e t 17 thousand acres in size;
and"mandatory wclass lI narea" dmeans 18any (2)of nationalthe parksh thatr exceedi sixs thousandfollowing =areas =in 19this astate lthat acreswere in size;existence on August h , t, 7, 1977:
ie au g e rb 20l S.e e h (1) national wilderness areas that exceed five n d d i = = o h thousand acres in size;
"methaneand emissionsl intensity"] meansb the,d volumei a tº me m(2) 21national ofparks methanethat emissionsexceed fromsix oilthousand andr gasi exploration= and d r et 22 production operations as a percentage of the volume of the c e sw kd 23m total gas marketed, or for oil production sites reporting no e a n bo 24acres gasin production,size; the intensity calculation shall use ten metric u [ tons of methane per million barrels of oil sent to sale;
.228856.8d -m 11: - [M.] T.
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 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 t u g e b l e e , gh (4) unless previously limited by enforceable en td 17d i = = o h permit conditions:
w l n] db 18,d i a º r (a) an increase in the production rate, =e r = 19t e w d m a ln o if such increase does not exceed the operating design capacity id am e: r 20 of the source;
ab r e t mº o t n = .228856.8AIC January 28, 2025 (7:09pm) s k m 21e (b)- an12 increase- ine thea hoursn ofe d r e 22l operation;u [ A d of the source;
or(b) c e s k 23 (c) use of an alternativeincrease fuelin or raw e a n b 24 material if, prior to January 6, 1975, the sourcehours was capable u [ of accommodatingoperation; 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;
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 h harms and risks as a result of greater vulnerability to g o t hr environmental hazards;
g e i k [O.] W.
"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, en td 17d i = = o h agents or employees;
w l n] db 18,d i a º e [P.] X.
"potential emission rate" means the =r = 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 me mw 21 design, provided any physical or operational limitation on the d rm 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 bo 24emission hoursrate of operationa orsource onat the type or amount of material u [ combusted, stored or processed, shall be treated as part of its .228856.8maximum -capacity 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 theemit Aira Qualityd Controlm Act: or the federal act;
[Q.]b Y.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.][R. Z.
] Z.
[S.]h AA.[S.
"significant] deterioration"AA. 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;
[T.]"significant BB.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"e meansu ag structure, building, e tb 17 equipment, facility, installation or operation that emits or w l ne de 18h may[T. emit an air contaminant;
=] =BB. 19 a l [U.] CC.
"standard"source" of performance" means a istructure, abuilding, en rd 20d requirementi of= continuous= emissiono reduction,h includingequipment, anyfacility, ainstallation tor moperation mthat 21emits requirementor relatingl to] operationb or,d maintenancei of a sourceº to d r e 22may assureemit continuousan emissionair reduction;contaminant;
cr i = r t e sw kd 23m [V.]a DD.n o [U.
"state] implementationCC. 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.
"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][and .228856.8] - 14 - EE.
h agricultural products and forest products;
and oil and gas u » r exploration, production, storage, distribution and t h g e l i transportation in the state;
and h r i s [W.] FF.
"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 en td 17d i = = o h toxic air pollutant." w l n] db 18,d i a º r SECTION 5.
A new section of the Air Quality Control Act, =e r = 19t e w d m a ln o Section 74-2-5.4 NMSA 1978, is enacted to read:
id am e: r 20 "74-2-5.4.
[NEWb MATERIAL]r ENVIRONMENTALe IMPROVEMENTt BOARDº ao t mn = .228856.8AIC January 28, 2025 (7:09pm) s k m 21e AND- LOCAL15 BOARD--ADDITIONAL- DUTIESe ANDa POWERS.--n e d r e 22l A.u [ A d "74-2-5.4.
The[NEW environmentalMATERIAL] improvementENVIRONMENTAL boardIMPROVEMENT andBOARD localAND cLOCAL eBOARD--ADDITIONAL sDUTIES kAND 23POWERS.-- boardA. 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.
The environmental .228856.8 - 15 - improvement board and local board shall adoptregulate orgreenhouse amendgas rulesemissions as necessary 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.
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)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.
l ] b ,d i a º e C.
By January 1, 2028, the environmental improvementr boardi and= localr boardt shall adopt rules for the e t 17 reduction of greenhouse gas emissions from sectors other than w l n d 18m oil and gas exploration and production operations sufficient to = = 19 a ln meeto theimprovement statewideboard greenhouseand gaslocal emissionsboard limitsshall in i a e r 20 Subsection A of Section 74-1-19 NMSA 1978 and adopt annualrules afor tthe md m 21: greenhouse gas limits considering those annual limits proposed d r e 22 by the department.
Theb departmente andd locals agencyº shallo ct en s= k.228856.8AIC 23January propose28, rules2025 to(7:09pm) thes environmentalk improvementm boarde and- local16 - e a n be 24d boardr basede onl 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 sectoremissions report.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.
IfThe the u [ department orand local agency concludesshall thatpropose itrules is most efficient .228856.8 - 16 - to determinethe allenvironmental sectorsimprovement inboard oneand rulemaking, the department or local agencyboard maybased proposeon rulemakingthe forgreenhouse allgas sectorssector atreport. the same time.
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.
h D.
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 r = t e w d m a n o E.
The rule to achieve greenhouse gas emissions reductionsd fromm the: oil and gas industry must ensure reductions e t 17 that are at least equivalent to:
wb lr ne dt 18º (1)o byt 2030,n a= level.228856.8AIC ofJanuary emissions28, of2025 no(7:09pm) mores =k =m 19e - 17 - e a n e d r e l thanu three-tenths[ ofA oned percentreductions methanefrom emissionsSCONCºthe intensity;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(1) a e r 20 (2) by 2040,2030, a level of emissions of no more a t m m 21 than two-tenthsthree-tenths of one percent methane emissions intensity;
and(2) d r e 22 (3) by 2050,2040, a level of emissions of no more c e s k 23 than one-tenthtwo-tenths of one percent methane emissions intensity.intensity;
eand (3) by 2050, a nlevel bof 24emissions F.of no more than one-tenth of one percent methane emissions intensity.
TheF. 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.
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.
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;
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)r mayi implement= anr emissionst limitatione orw controld measurem thata resultsn ino an(3) enforceablemay emissionsimplement reduction,an includingemissions thoselimitation allowedor byd them federal: Clean Air Act, 74 U.S.C.
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;
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;
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;met h r i s SCONCº ;
andand»SCONC (8)SCONCº.»SCONC shall,h at, leaste onceh everySCONCº(8)»SCONC fivet years,u basedg one informationb providedl bye thee department,, reevaluategh theSCONCºH. 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.
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 :
Theb environmentalr improvemente boardt andº localo boardt shalln develop= and.228856.8AIC mayJanuary amend28, a2025 schedule(7:09pm) ofs feesk tom defraye department- administrative19 costs,- whiche shalla ben depositede ind r e l u [ A d achieving the statestatewide airgreenhouse qualitygas permitemissions fund."limits SECTIONin 6.Subsection A of Section 74-1-19 NMSA 1978.
APPROPRIATION.--ThreeSCONCº millionH.»SCONC dollarsSCONCºI.»SCONC eThe tenvironmental 17improvement ($3,000,000)board isand appropriatedlocal fromboard theshall generaldevelop fundand tomay theamend wa lschedule n d 18 department of environmentfees forto expendituredefray indepartment fiscaladministrative yearcosts, 2026which =shall =be 19deposited ain l and subsequent fiscal years to administer the greenhousestate gasair iquality apermit efund." rSECTION 206. emissions reduction program.
AnyAPPROPRIATION.--Three unexpendedmillion ordollars unencumbered($3,000,000) ais tappropriated mfrom mthe 21general balancefund remainingto at the enddepartment of aenvironment fiscalfor yearexpenditure shallin notfiscal revertyear d2026 rand esubsequent 22fiscal years to administer the generalgreenhouse fund.gas emissions reduction program.
cAny eunexpended sor kunencumbered 23balance -remaining 19at -the eend of a nfiscal byear 24shall unot [revert .228856.8to 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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- Amended Amendments in Context Current pdf
- Introduced introduced version pdf
Action History
-
action postponed indefinitely
-
DO PASS, as amended, committee report adopted
-
Sent to Senate Conservation Committee & Senate Finance Committee
Sponsors
- Kristina Ortez · Primary
- Mimi Stewart · Primary
- G.A Romero · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 109 not signed on
Sponsors (3)
- Kristina Ortez Democrat
- Mimi Stewart Democrat
- Romero, G.A
Co-sponsors (0)
None.
Not signed on (109)
109 members have not signed on to this bill.
Show all 109 →"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.
Subjects
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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