HB 289: GEOTHERMAL RESOURCE DEVELOPMENT & REGULATION
An Act Relating To Natural Resources; Providing For The Development, Regulation And Conservation Of Geothermal Resources; Repealing The Geothermal Resources Conservation Act And Enacting The Geothermal Resources Development Act; Requiring Geothermal Permits; Providing Powers And Duties; Prescribing Civil Penalties And Remedies.
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HB 289
GEOTHERMAL RESOURCE DEVELOPMENT & REGULATION
- Legislative URL:
- HB 289 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- Signed
- Action:
- [5] not prntd-HRC [6] w/drn-prntd-ref- HEENC/HJC-HEENC [10] DP/a-HJC [12] DP [14] fl/a- PASSED/H (65-0) [16] SJC [17] DP [19] fl/a- PASSED/S (35-0) [18] h/cncrd SGND BY GOV (Mar. 8) Ch. 71.
- Issue(s):
- Energy
Companion Bills
Related Legislators
- Bill Sponsor:
- James Townsend
Related Documents
- Downloads:
-
Introduced
HEENC Committee Report
HJC Committee Report
Final House Vote
SJC Committee Report
Senate Floor Amendment 1
Final Senate Vote
Fiscal Impact Report
Final Version
Summary
This bill repeals the Geothermal Resources Conservation Act (§§ 71-5-1 through 71-5-24 NMSA 1978) and enacts the similar Geothermal Resources Development Act to provide for the development, regulation and conservation of geothermal resources.
Responsibility for administering laws and regulations relating to geothermal resources, as well as related appropriations, money and records, is transferred from the Oil Conservation Division of EMNRD and the Oil Conservation Commission to the Energy Conservation and Management Division of EMNRD.
The prior act’s outright prohibition against waste (§71-5-4) and the duty of the Oil Conservation Commission and the Oil Conservation Division of EMNRD to prevent waste is replaced in the new act by giving the Energy Conservation and Management Division authority to publish regulations regarding waste.
Omitted in the new act is the division’s jurisdiction (§71-5-6) over all matters relating to the conservation of geothermal resources and the prevention of waste of potash as a result of geothermal operations.
The prior act’s prohibition (§71-5-15 and 16) against the purchase, sale or handling of geothermal resources or products produced in excess of the amount allowed by any statute, rule, regulation or order of the commission or division ( referred to as “illegal geothermal resources”) is also omitted in the new act.
A possible benefit of this bill might be more focused and efficient attention to and regulation of the development and conservation of geothermal resources. Potential concerns might be that the new act eases or eliminates some controls and conservation measures, and that the exclusive jurisdiction and authority granted to the Energy Conservation and Management Division of EMNRD by the act may preclude the constructive involvement of other interested agencies. Another more general concern may be the shift in emphasis in the act’s name and content, from “conservation” to “development.”
On February 8 the Energy, Environment and Natural Resources Committee amended HB 289 to require (instead of allow) the Energy Conservation and Management Division of EMNRD to promulgate rules providing for the exploration, development and production of geothermal resources and to require that the rules provide for public notice and comment, and opportunity for hearing.
A possible benefit of this bill might be more focused and efficient attention to and regulation of the development and conservation of geothermal resources. Potential concerns might be that the new act eases or eliminates some controls and conservation measures, and that the exclusive jurisdiction and authority granted to the Energy Conservation and Management Division of EMNRD by the act may preclude the constructive involvement of other interested agencies. A potential benefit of the HEENC amendment may be increased public awareness and opportunity for comment.
On February 16 HB 289 was further amended on the Senate Floor, apparently to conform the bill to SB 223 which, as amended, has been passed by both chambers.