Summary:

 House Bill 33 (HB 33) prohibits the construction of new sources of emissions and activities relating to oil and gas in counties where ozone concentrations are in excess of the primary national ambient air quality standards for ozone. 

 

Legislation Overview:

 House Bill 33 (HB 33) enacts a new section of the Air Quality Control Act (Section 74-2-1 et seq NMSA 1978) that requires the NM Environment Department and a local agency to prohibit the construction of new sources of emissions and activities relating to oil and gas in a county where ozone concentrations are in excess of the primary national ambient air quality standards for ozone. 
It would be effective 1 July 2025.



 

Current Law:

 According to an article in the Las Cruces Sun News in April 2024, the American Lung Association released its annual “State of the Air” report identifying communities in the US who have high levels of ozone, smog, and particulate matter pollution. Nine counties in NM were part of the program—four failed (Bernalillo, Dona Ana, Eddy and San Juan counties) and Rio Arriba got the highest score—a B. The other counties were Lea, Sandoval, Santa Fe and Valencia counties. The area around Sunlight Park is ranked as a non-attainment area in terms of ozone.
NM’s biggest urban center and an oilfield county ranked among the top air-polluted areas in the U.S., Eddy County ranked as the 17th in the nation among counties for ozone pollution. The NM director of advocacy for the American Lung Association, JoAnna Stother, explained that expanded oil and gas operations in southern NM could put more chemicals known as precursors to ozone into the air, where they interact with higher temperatures and levels of sunlight to produce ozone.
https://www.lcsun-news.com/story/news/2024/04/25/new-mexico-counties-rank-poorly-for-air-quality-in-national-study/73411388007/