SENATE BILL 394

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO LEGISLATIVE COMMITTEES; CREATING THE OIL CONSERVATION DIVISION OVERSIGHT COMMITTEE.

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

     Section 1. OIL CONSERVATION DIVISION OVERSIGHT COMMITTEE CREATED--TERMINATION.--The joint interim legislative "oil conservation division oversight committee" is created. The committee shall function from the date of its appointment until December 21, 2012.

     Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--

          A. The oil conservation division oversight committee is composed of twelve members. The New Mexico legislative council shall appoint six members from the house of representatives and six members from the senate.

          B. Members shall be appointed from each house so as to give the two major political parties in each house equal representation on the committee. At the request of the committee chair, members may be removed from the committee by the New Mexico legislative council for nonattendance according to council policy. Vacancies on the committee, however caused, may be filled by the council, or the council may reduce the size of the committee by not making replacement appointments and in that case need not readjust party representation.

     Section 3. DUTIES.--

          A. After its appointment, the oil conservation division oversight committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The temporary chair of the committee shall be the president pro tempore of the senate, or the present pro tempore's designee, who shall serve until the permanent chair and vice chair have been chosen. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the council, the committee shall:

                (1) examine the statutes, constitutional provisions and rules governing the oil conservation division of the energy, minerals and natural resources department;

                (2) monitor and oversee the oil conservation division as it administers New Mexico's oil, gas and geothermal resources and as it applies internally developed rules and regulatory oversight;

                (3) review issues that affect the state's oil conservation, including emissions, oil extraction and compliance with federal statutes and rules and policies created by the oil conservation division and other state agencies;

                (4) notify the oil conservation division when the committee has determined that rules promulgated by the oil conservation division exceed statutory authority or contradict statutes; and

                (5) make recommendations to the legislature relating to the adoption of rules or policies of the oil conservation division and for proposed legislation, if any recommendations are found to be necessary.

          B. The committee shall regularly receive testimony from:

                (1) the secretaries of energy, minerals and natural resources; economic development; and environment;

                (2) staff members of the oil conservation division;

                (3) representatives of and persons involved in oil and gas exploration;

                (4) persons concerned with issues related to the duties of the oil conservation division; and

                (5) other persons as appropriate.

     Section 4. SUBCOMMITTEES.--Subcommittees shall be created only by majority vote of all members appointed to the oil conservation division oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives and shall have equal political party representation. Any meeting or expenditure of a subcommittee shall be approved by the full committee in advance of that meeting or expenditure, and the approval shall be shown in the minutes of the committee.

     Section 5. REPORTS.--The oil conservation division oversight committee shall make reports of its findings and recommendations for the consideration of the first and second sessions of the forty-ninth and fiftieth legislatures. The reports and suggested legislation shall be made available to the New Mexico legislative council on or before December 15 preceding each session. Other reports to the executive branch and appropriate agencies may be issued as determined by the committee.

     Section 6. STAFF.--The staff for the oil conservation division oversight committee shall be provided primarily by the legislative council service, but the legislative council service may request the assistance of the legislative finance committee staff at the direction of the committee.

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