HOUSE BILL 199

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

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO OIL AND GAS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR JURISDICTION OVER OIL AND GAS OPERATIONS.

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 oil conservation division [shall have, and is hereby given] of the energy, minerals and natural resources department has jurisdiction and authority over all matters relating to the conservation 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] The division has 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 of oil or gas and the prevention of waste of potash as a result of oil or gas operations, and no political subdivision or other instrumentality of the state shall have jurisdiction, authority or control relating to oil and gas operations, except municipalities and those specifically provided pursuant to law.

          B. 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."

     SECTION 2. A new section of Chapter 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COUNTY RESTRICTIONS.--A county shall not adopt ordinances that restrict oil and gas activities."

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