#hb286

[openlegislatr]

Investigation and resolution of complaints filed against physicians

HB286

Last Action: Reading 1

Feb 11, 2013

Sponsors:

William Zedler (primary) Repulican - District 96 Contact: Email, Twitter

[progressnownewmexico]

Protect NM's Water! Update the 1935 Oil and Gas Act

The fines that can be levied against oil and gas companies that pollute New Mexico's land and water have not been updated since 1935. That's right: a company that pollutes NM's land or water pays the same penalty today that they did in 1935. 

New Mexico is in the midst of an historic drought and everything that can be done to protect our water must be done. HB 286 is having it's first hearing in the Legislature today -- the bill would update the Oil and Gas Act of 1935 and modernize the penalties for polluting our land and water.

  From an article today in El Grito:

Some background information:

In 1935, the $1,000 fine was equivalent to 2,500 barrels of oil. Today (2007), according to the EIA, $1,000 is roughly equivalent to 10 – 20 barrels. OIl and gas is one of the most profitable industries on the planet. HB 286 will track with Texas and Arizona to increase criminal pollution penalties to $10,000 per offense.

Also surviving from 1935 is a provision stating that a company cannot be fined unless the OCD proves a violation was committed knowingly and willfully. To require that polluters must be found to have knowingly and willfully committed a violation is akin to allowing the Department of Health to assess a penalty only after it proves a restaurant with rats in its kitchen knowingly and willingly allowed rats into the establishment. HB286 will remove this unreasonable standard in the law.

The last time the legislature attempted to improve enforcement and compliance (2005), the bill was defeated in the Senate. The Senators who voted to kill the reforms received, on average, over $4,000 in contributions from the oil and gas industry the year before. (Common Cause NM report, “Connect the Dots” – 2009)

For more information about the bill, the Act, and how you can get involved in the effort to protect New Mexico's land and water, visit protectNMwater.org