SM 8 OIL & GAS FACILITY SETBACK STUDY

Sen Mimi Stewart

Actions: [4] SRC/SCONC-SRC [7] DP-SCONC [8] DP

Scheduled: Not Scheduled

 Senate Memorial 8 (SM 8) requests the Energy, Minerals and Natural Resources Department to study and recommend legislation for establishing setbacks for oil and gas facilities.  

 Senate Memorial 8 (SM 8) requests the Energy, Minerals and Natural Resources Department to study and recommend legislation for establishing setbacks for oil and gas facilities. 
SM 8 finds in part:
•	Oil and gas facilities emit air pollutants, including criteria air pollutants, that are extremely hazardous to human health and the environment;
•	Criteria air pollutants from these facilities include particulate matter and nitrogen oxide;
•	There is a reasonable degree of scientific certainty that living in close proximity to oil and gas facilities may result in increased human health risks from elevated air pollution levels;
•	Those health risks include cancer, heart and lung disease, damage to the central nervous system, and several adverse respiratory effects including reduced oxygenation;
•	A 2021 study estimated that more than thirty-five thousand (35,000) New Mexico residents live within one thousand feet of a well site regulated under the Department of Environment's  ozone precursor pollutants rule with over half (nineteen thousand 19,000) being people of color including Native Americans;
•	Maps show that one hundred forty-four thousand three hundred seventy-seven (144,377) New Mexico residents and students live or go to school within one-half mile of an oil and gas facility, including seventy-one thousand seven hundred eighty-eight people of color (71,788) and twenty-seven thousand nine hundred seventy-five students (27,975) at one hundred nineteen schools; 
•	Oil and gas facilities present a risk of harm to the surrounding environment, particularly contamination of surface waters, through such events as on-site spills and leakage; leaching and improper disposal of waste water; improper design or aging of  wastewater storage systems/facilities; improper storage or disposal of drilling and production wastes in pits; and storm water runoff during construction or from established well pads; 
•	There is no authority under the Oil and Gas Act to establish setbacks for oil and gas facilities.

SM 8 requests the following:
EMNRD consult with relevant stakeholders concerning the risks and mitigation of these risks by establishing required setbacks; 
EMNRD make recommendations on these setbacks to the legislature in the next session (2025); and
The secretary of energy, minerals and natural resources receive a copy of SM 8. 

 There is no authority under the Oil and Gas Act to establish setbacks for oil and gas facilities.
 

 SM 8 relates to HJR 4 and SJR 6 and SM 14 and HM 58.