HB 366: OIL & GAS STATE PREEMPTION

An Act Relating To Natural Resources; Providing For Preemption By The State Over All Matters Relating To The Conservation, Extraction, Production, Processing, Storage And Transportation Of Oil And Gas And The Waste Of Potash; Providing Exclusive Jurisdiction To The Oil Conservation Division And Commission.

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HIGH HB 366
OIL & GAS STATE PREEMPTION

Legislative URL:

HB 366 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

SCONC

Action:

[8] HEENC/HJC-HEENC [14] DP/a-HJC [27] DP/a [33] PASSED/H (37-28) [30] SCONC/SJC-SCONC API.

Issue(s):

Energy

Related Legislators

Bill Sponsor:

Nate Gentry

Related Documents

Downloads:

Introduced
HEENC Committee Report
HJC Committee Report
Final House Vote
Fiscal Impact Report

Summary

This bill provides that the state has exclusive jurisdiction and authority over all matters relating to oil and gas conservation, extraction, production, processing, storage and transportation, and that the Oil Conservation Division of EMNRD and the Oil Conservation Commission will have concurrent, exclusive jurisdiction over such matters (in addition to the division’s current jurisdiction and authority over the conservation of oil and gas and the prevention of waste of potash as a result of oil or gas operations).

This expanded, concurrent and exclusive jurisdiction, authority and control extends to include enforcement of any New Mexico law relating to the conservation, extraction, production, processing, storage and transportation of oil or gas and the prevention of waste of potash as a result of oil or gas operations.

HB 366 is similar to HB 199.

A possible concern is that this bill would make it impossible for a county government to take any action to regulate or restrict fracking or any other oil and gas activity within its borders.