ALBUQUERQUE, N.M. -- New Mexico lawmakers will be asked to amend the state's 2019 Oil and Gas Act when the Legislature convenes Jan. 19.

The proposed revision would prohibit the discharge of "produced water," the flowback from fracking known to contain dangerous chemicals and heavy metals toxic to humans.

The legislation is in response to a produced water fracking explosion at a home in the Permian Basin.

Sen. Antoinette Sedillo Lopez, D-Albuquerque, the bill's sponsor, said the law, if passed, will require the state's Oil Conservation Division to use "the best available science" for rules governing fracking.

"It'll minimize the use of fresh water in oil and gas drilling," Sedillo explained. "And it's going to make the discharge or the release or produced water illegal, and it's going to have consequences for the violation."

A financial settlement was reached this week after a flowline owned and operated by WPX Energy Permian split and caused a mix of produced water and toxic waste to be released onto property in the Permian Basin.

The wastewater contaminated structures, vehicles and personal belongings, including livestock.

Penny Aucoin lived with her husband and children where the explosion occurred.

She said additional legislation is needed to prevent what happened to her home, when the wastewater sprayed her and other family members.

"But what scares me now is that people are blissfully unaware of the dangers that come with fracking," Aucoin remarked. "Companies dump the contaminated wastewater into dispose wells or into illegal, abandoned areas."

Mariel Nanasi, executive director for New Energy Economy and an attorney, represented Aucoin against WPX Energy over the explosion.

She said toxic and radioactive waste discharges are pervasive but not illegal. She blames the government for its failure to supervise and monitor the oil and gas industry.

"Not only are these crimes likely, they're preventable," Nanasi argued. "That means that if the government actually enforced their regulations, then the majority of what's happening in the Permian Basin would stop."

According to the state's environmental department, in 2019, the oil and gas industry produced more than 50 billion gallons of produced wastewater.

New York lawmakers are focusing on electrifying municipal buildings.

Buildings statewide make up 32% of New York's greenhouse gas emissions and experts said electrifying them would lower heating and cooling costs, as well as reducing emissions. Inflation Reduction Act funds are available for municipalities to convert public buildings to use electricity.

Marian Brown, elected official fellow for Elected Officials to Protect America, said there is one challenge worrying elected leaders.

"One of the biggest challenges right now, and we were hearing this from folks, is uncertainty over the durability of Inflation Reduction Act funding, the IRA, with a new federal administration that's already signaling that it's not supportive of clean energy technologies," Brown explained.

President-elect Donald Trump has said he will repeal the Inflation Reduction Act but it comes with significant trade-offs. Research shows it could terminate many manufacturing jobs and cost America a chance at energy independence. Reports find conservative states are seeing the greatest benefits from Inflation Reduction Act investments.

The 2023 All-Electric Buildings Act will help get more buildings electrified by banning fossil-fuel systems in new buildings. All-electric cooking and heating will be required for new buildings under seven stories by 2026 and by 2029 for taller buildings.

Dominic Frongillo, cofounder and executive director of Elected Officials to Protect America, said the legislation comes with many benefits.

"We need to make sure we have the cleanest, most efficient, most modern technology that can protect the public health and improve indoor air quality, and make sure that we're keeping our dollars locally in our communities and our pockets," Frongillo outlined. "We need to build on that policy that New York State has passed."

The state's Building Code Council is deciding whether to include the All-Electric Buildings Act in its 2025 code update. Another bill establishing the Green Affordable Pre-Electrification Fund could help with the effort. It would allocate funds for buildings deemed unfit for weatherization and electrification, removing a major barrier to existing programs.

After years of double-digit rate hikes on electricity bills, some relief might be in sight.

Oregon Citizens' Utility Board, or CUB, has proposed a 7% to 10% yearly limit on rate increases for Pacific Gas & Electric and Pacific Power.

It is up to the Oregon Public Utility Commission to approve the proposal, and it will be making a decision this week.

Bob Jenks - CUB's executive director - said customers are struggling to absorb the 40% or 50% rate hikes from the last few years, and that something needs to be done to rein in this trend.

"We're concerned that this isn't going to stop," said Jenks. "This is in the interest of utilities to keep raising rates like this as long as they can."

Last winter's ice storm led to record power shutoffs for Oregon households, due to lack of payment of their utility bills.

If the PUC decides to adopt the cap, than PG&E's planned 10.9% increase and Pacific Power's planned 14.9% increase for January would need to be lowered.

Jenks said the system favors large companies, which pay much lower rates than households.

While industries need less infrastructure due to proximity to power supplies, he noted that new data centers are driving the need to grow the grid.

Yet, residential rates are rising more than three times faster than industrial rates.

"We think that residential customers and small-business customers are being asked to subsidize the big server farms," said Jenks, "the big data centers, like Amazon and Meta."

The Portland suburb of Hillsboro is newly home to many power-hungry data centers.

Jenks said PG&E's recent numbers show the centers use more electricity than all the residents in Washington County combined, and those numbers are expected to keep growing.

Jenks said CUB's proposal requires the PUC to mitigate rate increases that are higher than 10%.

They can do that by deferring part of the increase to the following year, or by setting the rate to the lowest level legally allowed that would still be profitable for the utility.

"Needless to say," said Jenks, "the utilities don't agree. "





get more stories like this via email

The power grid will need to be dramatically upgraded and expanded in the coming years to handle the transition to renewable energy - and two new reports look at the impact on wildlife, both on and off-shore.

The placement of large onshore power grids can greatly affect migratory species such as mule deer, elk, and sage grouse.

Veronica Ung-Kono is a clean-energy policy transmission specialist and staff attorney with the National Wildlife Federation.

"Proactively planning transmission development helps to strike a balance," said Ung-Kono, "that can help wildlife have their needs met while also helping people have access to low-cost and clean energy."

Ung-Kono said more research is needed because there's still a lot we don't know about the implications for wildlife as more transmission lines crisscross the landscape.

A second report on offshore wind farms recommends buffer zones around sensitive coral habitat.

It also says cables for windmills fixed to the ocean floor must be shielded and buried to reduce impacts from electromagnetic fields.

Co-author Shayna Steingard - an offshore wind senior policy specialist with the National Wildlife Federation - said if it's done right, the clean-energy transition will preserve habitat, and slow ocean warming and sea-level rise linked to climate change.

"I think climate change presents an existential threat to all species, particularly ocean species," said Steingard. "The threats from offshore wind development pale in comparison to the threat from not addressing climate change. There is no climate solution without offshore wind."

President-elect Donald Trump has vowed to kill offshore wind development. So far, site surveys have been approved for the five wind farms planned off the California coast, but they still face years of permitting and environmental review.