Rep. Peter Wirth, D-Santa Fe, and Rep. Rhonda King, D-Stanley, are sponsoring a bill that would allow the Oil Conservation Division to consider the environmental impacts of drilling applications, something the agency has little authority to consider now.

The legislation comes at a time when an energy company's plans to drill in Santa Fe County have stirred controversy. However, the bill might not get heard in the current legislative session. Nonfinancial issues aren't considered in this year's Legislature unless they are placed on the governor's call.

Wirth said House Bill 284 is intended to promote a more balanced approach to the state's review of drilling applications.

"It shifts the focus from 'Drill at all costs' to 'Let's look at both sides; let's consider the impacts to the environment,' " Wirth said. "To some extent, the Oil Conservation Division's hands are tied by statute. We want to untie their hands so they can consider broader impacts."

Wirth said he and King introduced HB 248 to counter proposals he says could reduce the agency's authority.

House Bill 125, sponsored by Rep. Dan Foley, R-Roswell, seeks to create an oversight committee that would "monitor and oversee the Oil Conservation Division as it administers New Mexico's oil, gas and geothermal resources."

The committee, comprising five members each from the Senate and House, would make recommendations to the Legislature about new rules and legislation, among other things.

Division Director Mark Fesmire, who has faced criticism from some legislators over his agency's proposed regulations on waste pits, said HB 125 raises constitutional issues about separation of powers between executive and legislative branches.

Sen. Stuart Ingle, R-Portales, apparently addresses that in Senate Joint Resolution 5, which seeks a constitutional amendment so the Legislature could prohibit regulations made by the executive branch from taking effect until they are reviewed by the Legislature.

Because the bills lack a financial component and aren't germane to the health care-reform focus of the current 30-day session, such bills are likely to die early deaths on rules-committee votes.

Wirth acknowledged the bills are largely symbolic but said they set the stage for discussions in the 2009 session about oil and gas regulation.

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.