HOUSE BILL 366

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Nate Gentry

AN ACT

RELATING TO NATURAL RESOURCES; PROVIDING FOR PREEMPTION BY THE STATE OVER ALL MATTERS RELATING TO THE CONSERVATION, EXTRACTION, PRODUCTION, PROCESSING, STORAGE AND TRANSPORTATION OF OIL AND GAS AND THE WASTE OF POTASH; PROVIDING EXCLUSIVE JURISDICTION TO THE OIL CONSERVATION DIVISION AND COMMISSION.

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

     SECTION 1. Section 70-2-6 NMSA 1978 (being Laws 1935, Chapter 72, Section 4, as amended) is amended to read:

     "70-2-6. COMMISSION'S AND DIVISION'S POWERS AND DUTIES.--

          A. The state has exclusive jurisdiction and authority over all matters relating to oil and gas conservation, extraction, production, processing, storage and transportation.

          B. The oil conservation division of the energy, minerals and natural resources department, and the oil conservation commission as provided in Subsection D of this section, shall have [and is hereby given] concurrent, exclusive jurisdiction [and authority] over all matters relating to the conservation, extraction, production, processing, storage and transportation of oil and gas and the prevention of waste of potash as a result of oil or gas operations in this state. [It shall have] This jurisdiction includes the siting of oil or gas wells and ancillary facilities, the drilling and completion of oil or gas operations as well as producing, processing, storage and transportation of oil or gas.

          C. The division, and the commission as provided in Subsection D of this section, have concurrent, exclusive jurisdiction, authority and control of and over all persons, matters or things necessary or proper to enforce effectively the provisions of [this] the Oil and Gas Act or any other law of this state relating to the conservation, extraction, production, processing, storage and transportation of oil or gas and the prevention of waste of potash as a result of oil or gas operations.

          [B.] D. The commission [shall have] has concurrent jurisdiction and authority with the oil conservation division to the extent necessary for the commission to perform its duties as required by law. In addition, any hearing on any matter may be held before the commission if the division director, in [his] the director's discretion, determines that the commission shall hear the matter."

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