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SB 601: OIL CONSERVATION RULES APPLY TO ALL COUNTIES

An Act Relating To State Rules; Requiring Rules Promulgated By The Oil Conservation Commission Or The Oil Conservation Division Of The Energy, Minerals And Natural Resources Department To Apply Uniformly To All Counties; Providing Exceptions.

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HIGH SB 601
OIL CONSERVATION RULES APPLY TO ALL COUNTIES

Legislative URL:
SB 601 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SCONC
Action:
[9] SCONC/SJC-SCONC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced

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Upcoming:
Summary

This bill requires that effective July 1, 2015 all rules adopted by the Oil Conservation Commission or the Oil Conservation Division must apply uniformly to all counties within the state.

 

“Rule” is defined to include any rule, regulation, order, standard or statement of policy, including amendments or repeals, adopted after January 1, 2005; provided, however, that it does not include a rule, regulation, order, standard or statement of policy, including amendments or repeals, that provides for the development of a specific pool (underground reservoir of oil or gas) or portion thereof.

 

Rules in effect on July 1, 2015 that do not apply uniformly to all counties within the state are null and void unless a county subject to a non-uniform rule applies to the Oil Conservation Division to request reinstatement of the rule. Any such application for reinstatement must be:

  • made to the Oil Conservation Division on or before October 31, 2015; and
  • signed by a majority of the governing body requesting that the non-uniform rule be reinstated; or
  • accompanied by a certified copy of the minutes of a meeting of the governing body at which the governing body approved a request that the non-uniform rule be reinstated.

 

The non-uniform rule will be deemed in effect in the county making the request 60 days after receipt by the Oil Conservation Division of the request for reinstatement.

 

Potential concerns regarding this bill might include the fact that rules adopted by state agencies for conservation purposes would be made null and void and could only be reinstated by action of a majority of a political governing body. For example, the bill would invalidate special rules adopted by the Oil Conservation Commission to protect the Galisteo Basin and Otero Mesa. Also concerning might be that at the same time the bill protects (by exclusion from the definition of rule) non-uniform rules providing for the development of specific oil and gas pools.