SB 223: 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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SB 223
GEOTHERMAL RESOURCE DEVELOPMENT & REGULATION
- Legislative URL:
- SB 223 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- Yes
- Location:
- Signed
- Action:
- [5] SCC/SCONC/SJC-SCC [6]germane-SCONC [14] DP/a-SJC [16] DP [17] fl/a- PASSED/S (42-0) [15] HEENC- DP [16] PASSED/H (63-0) SGND BY GOV (Mar. 8) Ch. 78.
- Issue(s):
- Energy
Companion Bills
Related Legislators
- Bill Sponsor:
- Ron Griggs
Related Documents
- Downloads:
-
Introduced
SCC Committee Report
SCONC Committee Report
SJC Committee Report
Senate Floor Amendment 1
Final Senate Vote
HEENC Committee Report
Final House 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.
On February 9 the Senate Conservation Committee amended SB 223 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.
On February 14 SB 223 was further amended on the Senate Floor to require that rules promulgated by EMNRD must also govern the manner and procedures by which all hearings conducted pursuant to the Geothermal Resources Development Act shall be held.
A possible benefit of this bill, as amended, 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 may be increased public awareness and opportunity for comment.