SENATE MEMORIAL 76

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Carroll H. Leavell

A MEMORIAL

REQUESTING CERTAIN CABINET SECRETARIES TO CONVENE A DIALOGUE OF STAKEHOLDERS TO DISCUSS WAYS TO IMPROVE ADMINISTRATION OF STATE AND LOCAL POLICIES.

     WHEREAS, New Mexico has extensive statutory and regulatory oversight of extractive industry activities, including oil, gas, geothermal and mining exploration, development, production, transportation, environmental protection and reclamation, pursuant to the Oil and Gas Act, New Mexico Mining Act, Surface Mining Act, Geothermal Resources Conservation Act, Water Quality Act and Air Quality Control Act; and

     WHEREAS, by enactment of these laws and authorization of rules pursuant to them the legislature's implicit intent has been to preempt county and municipal regulation of, or prohibitions on, New Mexico's extractive industry activities; and

     WHEREAS, extractive industries are critical and vital to the welfare of New Mexico and its citizens through severance tax revenues used for infrastructure; other state and local taxes benefitting the state and its counties; high-paying job opportunities; secondary employment opportunities for ancillary businesses serving the extractive industries and their employees; promotion of rural economic development; generation of revenues from state trust lands utilized for the education of youth; generation of energy resources that power homes, industries and traffic and contribute to the goals of energy independence and generation of raw materials that contribute to general economic development and modern ways of life of the state's residents; and

     WHEREAS, New Mexico has a commensurate interest, on behalf of all its residents, in minimizing, controlling or preventing adverse or harmful environmental, health and safety impacts that may result from human activities that include but are not limited to activities of the extractive industries; and

     WHEREAS, counties and municipalities acting as such, or acting through nongovernmental organizations, have the same ability as every citizen and group of this state to influence the makeup of state legislation and the regulations adopted or administered by a wide range of state agencies in relation to extractive industry activity, including but not limited to the oil conservation commission and the oil conservation division, the mining and coal surface mining commissions, the mining and minerals division, the environmental improvement board, the water quality control commission and the department of environment; and

     WHEREAS, rather than exercise their recognized rights to participate in the political and regulatory processes of the legislative and executive branches of New Mexico's state government, from time to time a small number of counties and municipalities in New Mexico have attempted, directly or indirectly, to impose additional, conflicting or more restrictive permitting regimes, environmental protection regimes or other provisions regulating or restricting the activities of New Mexico's extractive industries in ways that have caused conflict, confusion and duplication of regulatory oversight of the extractive industries;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the secretaries of energy, minerals and natural resources, environment, economic development and finance and administration be requested to convene a dialogue among trade associations, local government representatives, environmental stakeholders and business associations to discuss avenues for efficient and effective administration of state laws and local policies to improve service to the public peace, health, safety and welfare; and

      BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretaries of energy, minerals and natural resources, environment, economic development and finance and administration.

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