New Mexico 2025 Regular Session

New Mexico House Bill HB457

Introduced
2/18/25  
Report Pass
3/1/25  
Report Pass
3/10/25  

Caption

Geologic Carbon Dioxide Sequestration Act

Impact

The act allows operators to obtain rights for geologic sequestration of carbon dioxide, emphasizing voluntary agreements with landowners for lands included in sequestration units. It permits the creation of an Oil Conservation Division Systems and Hearings Fund that funds regulatory oversight, ensuring the division can effectively implement and monitor the sequestration operations. Furthermore, the legislation dictates that any carbon dioxide injected for sequestration is owned by the operator for the duration of the sequestration agreement. This ownership stipulation might lead to potential conflicts with surface and mineral rights, as surface owners may feel restricted in their ability to utilize their land.

Summary

House Bill 457 introduces the Geologic Carbon Dioxide Sequestration Act, aiming to regulate the underground sequestration of carbon dioxide in geologic formations. This legislation establishes the framework for creating sequestration units, which are geologic formations designated for storing carbon dioxide, primarily produced by anthropogenic sources or captured from the atmosphere. The bill outlines definitions relevant to the process, including terms such as operator, sequestration facility, and pore space, focusing on creating a clear legal framework that facilitates carbon dioxide storage without compromising environmental safety standards.

Contention

Notable concerns arise from the ownership of injected carbon dioxide and pore space, as the bill might infringe upon existing land and mineral rights. Opponents may argue that this could empower operators to monopolize subsurface resources without fair compensation or consent from surface owners. Additionally, provisions for unitization of lands, which allow a majority of landowners to impose sequestration on minority owners, may generate resistance. The implications this legislation could have on environmental safety and public health, especially regarding potential contamination of water supplies or local ecosystems, must also be scrutinized, adding to the debate on its implementation.

Companion Bills

No companion bills found.

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EPA-SOLE-SOURCE AQUIFER