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F I S C A L I M P A C T R E P O R T

SPONSOR Cisneros

ORIGINAL DATE

LAST UPDATED

1/26/08

2/02/08 HB

SHORT TITLE Self-Rescue Devices In Coal Mines

SB 366/aSFC

ANALYST Haug

Duplicates HB399

SOURCES OF INFORMATION

LFC Files

Responses Received From

Higher Education Department (HED)

Energy, Minerals & Natural Resources Department (EMNRD)

SUMMARY

Synopsis of SFC Amendment

The Senate Finance Committee amendment strikes the appropriation.

Synopsis of Original Bill

Senate Bill 366 amends 69-8-16 NMSA 1978, the Mining Safety Act enacted in 2006, to limit

the requirement for miners to wear self-contained self rescue devices to underground coal mines.

Currently, the Mining Safety Act requires all

underground miners, at both coal and non-coal

mines (AKA “metal/non-metal" under federal law), to wear self-contained self rescue devices

(SCSR’s). Senate Bill 366 changes the language to make it only apply to underground coal

miners. Senate Bill 366 also clarifies language under the same section to continue to require

employers to cache self-contained self rescue devices throughout any underground mine.

Senate Bill 366 appropriates $167.0 from the general fund to the Board of Regents of New

Mexico Institute of Mining and Technology to pay for the state mine inspector’s recertification

of coal mine officials pursuant to the Mining Safety Act.

FISCAL IMPLICATIONS

The appropriation of $167.0 contained in this bill is a recurring expense to the general fund. Any

unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the

general fund.

Senate Bill 366/aSFC – Page

2

The HED states that a request was submitted by NMIMT to the New Mexico Higher Education

Department for review. The Department’s funding recommendation for FY09 is a continuance of

FY08 recurring funding in the amount of $360,700.

The HED’s evaluation table of FY09 Research and Public Service Projects provided to the LFC

classifies this project as a “would not oppose if funding available" project. Reasons for this

classification decision are not provided. (LFC Report 07-20, Higher Education Department

Review of Selected Research and Public Service Projects, January 12, 2008, Table 4, p73.)

SIGNIFICANT ISSUES

The EMNRD states:

•

The changes in SB 366 are intended to bring the New Mexico Mining Safety Act more

closely in line with the federal Mine Safety and Health Administration’s (MSHA)

regulations regarding self-rescue devices. Under 30 CFR 57.15030, MSHA allows for

the use of a “self-rescue device", such as a W-65 self rescue unit, at underground non-

coal mines. The self rescue device is different from the self contained self rescue

(SCSR) device, which are required by federal law for underground coal mines. The self

rescue device converts carbon monoxide to carbon dioxide, lasts for one hour or longer,

has been in use for more than 25 years and has proven to be highly reliable. The SCSRs

provide oxygen.

•

The changes created by SB 366 allow for the more appropriate type of equipment to be

worn by miners. Underground miners will still be required to wear SCSR’s in coal mines

where there is a possibility of combustible environments. However, in underground non-

coal mines, it is likely that employees will encounter a combustible environment. If fires

do occur in a non-coal mine, it is likely to involve equipment or machinery in creating

dangerous levels of carbon monoxide. The self rescue device can convert carbon

monoxide to carbon dioxide which is appropriate in these environments. In addition to

being the appropriate device for non-coal mines, industry claims the self rescue devices

are less cumbersome and more reliable.

•

The protections provided to underground miners in the 2006 law will remain, and will aid

in accident or rescue scenarios. In underground non-coal mines, caches of SCSRs must

be placed around the mine. The mine must employ advanced communication and

tracking equipment to monitor the location of, and contact, persons underground. These

requirements exceed those imposed by federal law.

•

This change currently impacts four underground non-coal operations covered by the mine

safety laws: two potash mines near Carlsbad, the molybdenum mine near Questa and the

WIPP facility. There is one underground coal mine in New Mexico.

•

The changes to New Mexico’s mine safety laws in 2006 and 2007 brought new duties to

the State Mine Inspector’s office at New Mexico Tech. HB 399 includes funding to deal

with some of these additional duties.

The HED notes that The State Mine Inspector is assigned to the New Mexico Institute of Mining

Senate Bill 366/aSFC – Page

3

and Technology (NMIMT) and, along with the New Mexico Mining Safety Board and the

Bureau of Mine Safety, administers the Mining Safety Act. The State Mine Inspector is charged

under Section 69-5-7 NMSA 1978 to develop and maintain mine safety and health training

programs.

DUPLICATION

House Bill 399 is a duplicate.

GH/bb