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HB326 • 2026

PRODUCED WATER FACILITY INSURANCE

PRODUCED WATER FACILITY INSURANCE

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Debra M. Sariñana
Last action
Official status
[5] not prntd-HRC API.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

PRODUCED WATER FACILITY INSURANCE

PRODUCED WATER FACILITY INSURANCE

What This Bill Does

  • PRODUCED WATER FACILITY INSURANCE

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-04 New Mexico Legislature

    Not Printed

  2. New Mexico Legislature

    Action Postponed Indefinitely

Official Summary Text

PRODUCED WATER FACILITY INSURANCE

Current Bill Text

Read the full stored bill text 
HB0326

HOUSE BILL 326

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Debra M. Sariñana

AN ACT

RELATING TO PRODUCED WATER; REQUIRING THE OWNER OR OPERATOR OF
A PRODUCED WATER FACILITY SEEKING AUTHORIZATION FOR THE
TREATMENT, REUSE, DISCHARGE OR TRANSPORT OF PRODUCED WATER TO
ACQUIRE INSURANCE; PROVIDING FOR JOINT AND SEVERAL LIABILITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 70-13-1 NMSA 1978 (being Laws 2019,
Chapter 197, Section 1) is amended to read:

"70-13-1. SHORT TITLE.--[
Sections 1 through 5 of this
act
]
Chapter 70, Article 13 NMSA 1978
may be cited as the
"Produced Water Act"."

SECTION 2.
A new section of the Produced Water Act is
enacted to read:

"[
NEW MATERIAL
] INSURANCE REQUIREMENT FOR PRODUCED WATER
PERMITS OR OTHER AUTHORIZATIONS.--

A. A state agency acting pursuant to the provisions
of the Produced Water Act shall not issue a permit or other
authorization for the treatment, reuse, discharge or transport
of produced water to an owner or operator of a produced water
facility who fails to acquire and maintain an insurance policy
that meets the requirements of Subsection B of this section.

B. Insurance required pursuant to the provisions of
this section shall:

(1) be issued by an insurer authorized to do
business in the state; and

(2) provide coverage in an amount sufficient
to fully recover the reasonably foreseeable costs of the spill
response, cleanup, remediation, reclamation, long-term
monitoring and public health impacts arising from produced
water treatment, reuse, discharge or transport activities of
the specific produced water facility for which coverage is
being obtained."

SECTION 3.
A new section of the Produced Water Act is
enacted to read:

"[
NEW MATERIAL
] JOINT AND SEVERAL LIABILITY FOR PRODUCED
WATER ACTORS.--A person who exercises control over the
production, treatment, use or reuse, discharge, disposal, sale
or transport of produced water shall be jointly and severally
liable to a person harmed by such activities for damages
arising from that harm."

SECTION 4.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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