SENATE MEMORIAL 14
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
William E. Sharer
 
 
 
 
 
A MEMORIAL
REQUESTING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO STUDY AND RECOMMEND LEGISLATION FOR ESTABLISHING SETBACKS FOR OIL AND GAS FACILITIES.
 
     WHEREAS, oil and natural gas have been produced in New Mexico since the 1920s; and
     WHEREAS, New Mexico ranks second for oil production in the United States and is among the top ten states for production of natural gas; and
     WHEREAS, the oil conservation division of the energy, minerals and natural resources department and the oil conservation commission have jurisdiction and authority over all matters relating to the conservation of oil and gas; and
     WHEREAS, the oil conservation division and the oil conservation commission are empowered to prevent waste and protect correlative rights; and
     WHEREAS, the oil conservation division and the oil conservation commission regulate the venting and flaring of natural gas from wells, production equipment and facilities to prevent waste and protect correlative rights, public health and the environment; and
     WHEREAS, the provisions of the Oil and Gas Act require operators to report and remediate unauthorized releases of oil, gas, produced water, condensate and oil field waste that occur during drilling, producing, storing, disposing, injecting, transporting, servicing or processing; and
     WHEREAS, the environmental improvement board and municipal, county and joint air quality control boards enforce emission standards for oil and gas operations that cause or contribute to ozone concentrations that exceed ninety-five percent of the primary national ambient air quality standard for ozone; and
     WHEREAS, the United States environmental protection agency regulates emissions from oil and natural gas facilities; and
     WHEREAS, local governments in the Permian and San Juan basins have adopted ordinances relating to the siting of oil and gas wells; and
     WHEREAS, revenue to the state of New Mexico in 2023 from the oil and gas industry is approximately thirteen billion nine hundred million dollars ($13,900,000,000); and
     WHEREAS, labor statistics indicate that approximately one hundred thirty-four thousand New Mexicans are either directly or indirectly employed by the oil and gas industry;
     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the energy, minerals and natural resources department be requested to convene a stakeholder working group that includes legislators and relevant stakeholders to study current laws and oil and gas industry operating practices and develop legislative recommendations for establishing setbacks for oil and gas facilities; and
     BE IT FURTHER RESOLVED that the energy, minerals and natural resources department be requested to consult with the legislative finance committee to study the fiscal impacts to the state if setbacks for oil and gas facilities are adopted; and
     BE IT FURTHER RESOLVED that the energy, minerals and natural resources department be requested to study the adoption of setbacks that prevent waste and protect correlative rights while protecting human health and the environment; and
     BE IT FURTHER RESOLVED that the energy, minerals and natural resources department report its findings and legislative recommendations to the appropriate interim legislative committee dealing with natural resources and the legislative finance committee by December 1, 2024; and
     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of energy, minerals and natural resources and the director of the legislative finance committee.
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