TITLE 47

MINES AND MINING

CHAPTER 3

OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE

47-314.  Oil and gas conservation commission created — Powers — limit on local restrictions — Attorney general. (1) There is hereby created an oil and gas conservation commission of the state of Idaho within the department of lands. The commission shall consist of a county commissioner as described in this section and four (4) members appointed by the governor with the advice and consent of the senate.

(a)  The county commissioner shall be from a county where oil and gas are being produced or have been produced within the last ten (10) years and shall be elected by a majority of the county commissioners from such producing counties. The county commissioner shall serve a four (4) year term. A vacancy shall be filled by election for the unexpired term in the same manner provided for election to a full term.

(b)  The governor shall appoint four (4) members who shall serve at the pleasure of the governor. One (1) member shall be knowledgeable in oil and gas matters and shall have a college degree in geosciences or engineering and at least five (5) years of experience in the oil and gas industry. One (1) member shall be a mineral interest owner without an oil and gas lease in a county where oil and gas have been produced. One (1) member shall be a resident of Idaho knowledgeable in land use matters and shall have at least five (5) years experience in land use matters. The term of office of each appointed member of the commission shall be four (4) years. A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term.

(2)  The commission shall annually elect a chairman and a vice chairman from its membership. Such officers shall hold their respective offices until their successors are elected. If a vacancy occurs in either office, the commission shall elect a member to fill such office for the remainder of the term.

(3)  The commission shall meet at least annually and thereafter on dates set by the commission. A majority of the members shall constitute a quorum.

(4)  The members of the commission appointed by the governor or selected by the county commissioners shall be compensated as provided in section 59-509(n), Idaho Code.

(5)   The oil and gas administrator of the department of lands shall be the secretary for the commission.

(6)  The department of lands shall have the power to exercise, under the general control and supervision of the commission, all of the rights, powers and duties vested by law in the commission, except those provided in sections 47-328 and 47-329(3), Idaho Code.

(7)  The commission shall have and is hereby given jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this act and shall have power and authority to make and enforce rules, regulations, and orders and to do whatever may reasonably be necessary to carry out the provisions of this act. Any delegation of authority to any other state officer, board or commission to administer any and all other laws of this state relating to the conservation of oil and gas is hereby rescinded and withdrawn and such authority is hereby unqualifiedly conferred upon the commission as herein provided. The commission shall follow procedures on applications as provided in section 47-328, Idaho Code, except as provided in sections 47-316(1)(a) and 47-329(3), Idaho Code.

(8)  It is the intent of the legislature to occupy the field of the regulation of oil and gas exploration and production with the limited exception of the exercise of planning and zoning authority granted cities and counties pursuant to chapter 65, title 67, Idaho Code.

(9)  To implement the purpose of the oil and gas conservation act, and to advance the public interest in the orderly development of the state’s oil and gas resources, while at the same time recognizing the responsibility of local governments to protect the public health, safety and welfare, it is herein provided that:

(a)  The commission will notify the respective city or county with jurisdiction upon receipt of an application and will remit, electronically, a copy of all application materials.

(b)  No ordinance, resolution, requirement or standard of a city, county or political subdivision, except a state agency with authority, shall actually or operationally prohibit the extraction of oil and gas; provided however, that extraction may be subject to reasonable local ordinance provisions, not repugnant to law, that protect public health, public safety, and public order or that prevent harm to public infrastructure or degradation of the value, use and enjoyment of private property. Any ordinance regulating extraction enacted pursuant to chapter 65, title 67, Idaho Code, shall provide for administrative permitting under conditions established by ordinance, not to exceed twenty-one (21) days unless extended by agreement of the parties or upon good cause shown.

(c)  No ordinance, resolution, requirement or standard of a city, county or political subdivision, except a state agency with authority, shall actually or operationally prohibit construction or operation of facilities and infrastructure needed for the post-extraction processing and transport of gas and oil. However, such facilities and infrastructure shall be subject to local ordinances, regulations and permitting requirements, not repugnant to law, as provided in chapter 65, title 67, Idaho Code.

(10) The commission may sue and be sued in its administration of this act in any state or federal district court in the state of Idaho having jurisdiction of the parties or of the subject matter.

(11) The attorney general shall act as the legal advisor of the commission and represent the commission in all court proceedings, in all proceedings before the commission, and in any proceeding to which the commission may be a party before any department of the federal government. The commission may retain additional counsel to assist the attorney general and, for such purpose, may employ any funds available under this act.

History:

[(47-314) 47-317, added 1963, ch. 148, sec. 3, p. 433; am. 1974, ch. 17, sec. 30, p. 308; am. 2012, ch. 111, sec. 2, p. 302; am. 2013, ch. 189, sec. 1, p. 467; am. 2014, ch. 56, sec. 1, p. 133; am. 2015, ch. 102, sec. 1, p. 244; am. 2016, ch. 48, sec. 1, p. 129; am. and redesig. 2017, ch. 271, sec. 6, p. 681; am. 2023, ch. 283, sec. 2, p. 848.]