SENATE BILL 601

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

INTRODUCED BY

Ron Griggs

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.

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

     SECTION 1. [NEW MATERIAL] OIL CONSERVATION COMMISSION AND OIL CONSERVATION DIVISION RULES--UNIFORM APPLICATION TO COUNTIES--EXCEPTIONS.--

          A. The oil conservation commission or the oil conservation division shall not promulgate a rule affecting a specific county or counties, or identified portions thereof, unless that rule applies uniformly to all counties within the state.

          B. All rules promulgated by the oil conservation commission or the oil conservation division that do not apply uniformly to all counties within the state are null and void unless a county subject to a nonuniform rule applies to the oil conservation division to request reinstatement of a nonuniform rule in effect on July 1, 2015 that is rendered null and void by this section.

          C. A county seeking the reinstatement of a nonuniform rule pursuant to Subsection B of this section shall apply to the oil conservation division on or before October 31, 2015.

          D. An application by a county pursuant to Subsection B of this section shall be in writing and shall be:

                (1) signed by a majority of the governing body requesting that the nonuniform rule be reinstated or made effective; or

                (2) accompanied by a certified copy of the minutes of a meeting of the governing body at which the governing body approved a request that a nonuniform rule be reinstated or made effective.

          E. Sixty days after the receipt by the oil conservation division of a request for the reinstatement of a nonuniform rule or a request that a nonuniform rule be effective, the nonuniform rule shall be deemed in effect in the county making the request.

          F. As used in this section:

                (1) "oil conservation commission" means the commission created pursuant to Section 70-2-4 NMSA 1978;

                (2) "oil conservation division" means the oil conservation division of the energy, minerals and natural resources department;

                (3) "pool" means any underground reservoir containing a common accumulation of oil or gas; and

                (4) "rule" means any rule, regulation, order, standard or statement of policy, including amendments thereto or repeals thereof, issued or promulgated after January 1, 2005; provided, however, that "pool", as used in this section, does not include a rule, regulation, order, standard or statement of policy, including amendments thereto or repeals thereof, that provides for the development of a specific pool or portion thereof.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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