House Passes Legislation That Would Allow NM to Permit Carbon Sequestration Wells

Proponents say carbon capture is needed to meet climate change goals

As New Mexico Works to Reach Its Emission Reduction Goals, Lawmakers Debate Carbon Capture Authority

The state House of Representatives on Tuesday approved House Bill 457 on a 48-15 vote. This legislation, if it becomes law, would pave the way for New Mexico to gain the authority to permit Class VI wells, which are intended for the underground sequestration of carbon dioxide. HB 457 now heads to the Senate.

These types of wells are currently permitted by the U.S. Environmental Protection Agency.

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Rep. Meredith Dixon, D-Albuquerque, the bill's sponsor, said four states have primacy—the ability to permit Class VI wells—and nine have submitted applications to gain this authority. She added that 23 states, as well as the Navajo Nation, have stated their intent to pursue primacy.

“Primacy allows us—the Legislature—to put in place stricter, state-led guidelines,” she said.

She emphasized that primacy would also allow the Energy, Minerals and Natural Resources Department to administer, monitor, and regulate the process.

Carbon Capture in New Mexico

Carbon capture discussions ignited in New Mexico in 2019 when the City of Farmington announced a partnership with Enchant Energy to retrofit the San Juan Generating Station and keep it operating. That proposal ultimately failed, but discussions about carbon capture—both direct air capture and from smoke stacks—have continued.

“The question is not whether we’re going to have carbon capture, but who is going to control it,” said Rep. Jimmy Mason, R-Artesia.

Rep. Mark Murphy, R-Roswell, was optimistic about how carbon sequestration could help New Mexico.

“It is always better to have local control,” he said.

Dixon agreed with Murphy, adding, “New Mexico is a very different state than, let’s say, Texas or Washington D.C.”

However, some lawmakers, including Rep. Miguel Garcia, D-Albuquerque, expressed concerns that carbon capture and sequestration is a false solution in the effort to address climate change and may actually lead to more emissions.

Garcia argued that several projects in the United States have demonstrated that carbon capture is not a viable solution for dealing with climate change.

He said he began researching carbon capture a few years ago following discussions about hydrogen energy. Some forms of hydrogen energy—particularly those that split hydrogen off from methane molecules—rely upon carbon capture and sequestration.

Garcia provided several examples of federally funded carbon capture projects that were ultimately unsuccessful.

“What do these case studies tell us? They tell us that carbon capture cannot be the centerpiece of any serious climate plan,” he said. “And how carbon capture handouts do nothing to quell greenhouse gases but actually enhance their extraction.”