Louisiana 2011 2011 Regular Session

Louisiana Senate Bill SB160 Engrossed / Bill

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Regular Session, 2011
SENATE BILL NO. 160
BY SENATORS MICHOT, CHABERT, MORRISH, SMITH AND THOMPSON AND
REPRESENTATIVES ARNOLD, CORTEZ, DOVE, GUINN, LANDRY
AND ROBIDEAUX 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COMMERCIAL REGULATIONS. Provides for safe transportation of offshore oil platform
workers. (gov sig)
AN ACT1
To amend and reenact Part VIII of Chapter 6 of Title 40 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 40:1486.1 and 1486.2, relative to monitoring the3
transportation of offshore oil platform workers; to provide for purpose; to provide4
for state participation in and promotion of the safe transportation over water of oil5
and gas workers and others involved in the offshore oil and gas industry; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  Part VIII of Chapter 6 of Title 40 of the Louisiana Revised Statutes of9
1950, to be comprised of R.S. 40:1486.1 and 1486.2 is hereby amended and reenacted to10
read as follows:11
PART VIII. REGULATION MONITORING OF TRANSPORTATION12
OF OFFSHORE OIL PLATFORM WORKERS13
§1486.1. Purpose14
The legislature finds that the production of oil for the energy needs of the15
state and the nation is of vital concern, and the safety of those who work in the16
offshore industry and those who transport those workers is also of vital concern;17 SB NO. 160
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therefore, the legislature imposes certain requirements upon the transportation of1
offshore workers directs the director of aviation of the aviation section of the2
Department of Transportation and Development to participate in education,3
communication, and promotion of aviation safety in the offshore oil and gas4
industry. The legislature's goal is to reduce to as low as reasonably practicable5
the instances of helicopter accidents in the oil and gas industry by promotion of6
the adoption of safe practices in such operations.  The legislature recognizes7
that Congress has delegated the responsibility for regulation of such operators8
to the Federal Aviation Administration ("FAA"), which has promulgated9
regulations as published in the Code of Federal Regulations to all Part 133 and10
Part 135 operators, and which has further, by its issuance of Operations11
Specifications to such operators, required them to conduct such operations with12
the highest degree of safety in the public interest.13
§1486.2. Life preserver, life jacket, or life belt; personal locator beacon; required14
State participation in and promotion of transportation of oil and15
gas workers over water16
Notwithstanding any other provision of law to the contrary and prior to17
January 1, 2011, any aircraft utilized to transport offshore platform workers, to and18
from the platform, shall provide and carry, so placed as to be readily accessible, at19
least one life preserver, life jacket, or life belt and a personal locator beacon, for each20
person on board. The device shall be capable of transmitting a digital coded distress21
signal and a permanent homing signal.  A. The director of aviation ("DA") of the22
aviation section of the Department of Transportation and Development23
("DOTD") shall request membership to the Helicopter Safety Advisory24
Conference ("HSAC"), attend regularly scheduled meetings of HSAC for the25
purpose of education, understanding, and dissemination of information26
developed for the purpose of the promotion of safety through cooperation, and27
encourage all operators who provide over water flight services to the oil and gas28
industry to adopt and incorporate the recommended practices of HSAC into29 SB NO. 160
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their daily operations.1
B. The DA or his designated representative may attend and secure all2
writings in the form of recommended practices that result from HSAC3
conferences that relate to safe over water helicopter operations, and disseminate4
such writings in such a way that over water flight service providers in the state5
or adjacent to its shores are made aware of its content.6
C. Among considerations for helicopter safety in over water flight7
services in the oil and gas industry, the DA or his designated representative may8
identify, evaluate, and maintain current knowledge of available feasible9
technology for all of the following:10
(1) Personal locator beacons ("PLBs") capable of transmitting a digital11
coded distress signal and a permanent homing signal suitable for use in over12
water flight services utilized in the oil and gas industry.13
(2) Incorporation into the daily operations of all Part 91, Part 133 and14
Part 135 operators, a system for satellite tracking of helicopters conducting over15
water flights, including maintaining a command center to monitor the status of16
such flights.17
(3) Improvement of flight safety over water services by adoption of18
emerging advances in aviation. The DA or his designated representative shall19
also promote enhancements of required pre-flight briefings that maximize20
passenger awareness of passenger safety, and emergency procedures.  Where21
appropriate, the DA shall provide information and recommendations to HSAC22
for consideration of recommended practices for industry use of such systems23
and devices.24
D. The DA or his designated representative shall maintain familiarity25
with all Part 91, Part 133 and Part 135 regulations promulgated by the FAA26
pertaining to over water helicopter operations, and may obtain and review all27
advisory circulars of the FAA that relate to such over water helicopter28
operations in the state or adjacent to its shores, issued under those parts of the29 SB NO. 160
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Federal Aviation Regulations ("FAR"). Where appropriate, the DA or his1
designated representative shall promote the adherence to the regulations and2
adoption of the HSAC recommended practices.3
E. The DA shall facilitate, as he deems necessary, information to the4
director of operations of operators who provide over water flight services in the5
state or adjacent to its shores, through publication on the Internet through an6
identifiable link on the DOTD website, summaries or text of relevant new FAR7
and Advisory Circulars published by the FAA or Recommended Practices8
published by HSAC.9
F.(1) The DA shall publish a report to the legislature, directed to the10
chairs of the House and Senate committees on transportation, highways and11
public works, wherein the DA shall summarize and comment upon all of the12
following:13
(a) The previous year's developments in safe practices for operators who14
provide over water flight services in the state or adjacent to its shores, as such15
safe practices have evolved over the previous twelve months, through the16
federal and industry organizations referenced in this Part.17
(b) Efforts made by the DA to insure knowledge of all such practices by18
operators within the industry.19
(2) The report shall be delivered to the committees no later than the first20
of September, annually.  A copy of the report shall also be sent to the director21
of operations of each helicopter operator known by the DA to be engaged in22
providing over water flight services in the offshore oil and gas industry.23
Section 2.  This Act shall be known and cited as "Jacob's Law".24
Section 3. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 160
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Michot (SB 160)
Present law provides legislative findings that the production of oil for the energy needs of
the state and the nation is of vital concern, and the safety of those who work in the offshore
industry and those who transport those workers is also of vital concern.
Present law provides that notwithstanding any other provision of law to the contrary and
prior to January 1, 2011, any aircraft utilized to transport offshore platform workers, to and
from the platform, must provide and carry, so placed as to be readily accessible, at least one
life preserver, life jacket, or life belt and a personal locator beacon, for each person on board.
The personal locator beacon must be capable of transmitting a digital coded distress signal
and a permanent homing signal.
Proposed law directs the director of aviation ("DA") of the aviation section of the DOTD to
participate in education, communication, and promotion of aviation safety in the offshore
oil and gas industry, and states that the legislature's goal is to reduce to as low as reasonably
practicable the instances of helicopter accidents in the oil and gas industry by promotion of
the adoption of safe practices in such operations.
Proposed law requires the DA to request membership into the Helicopter Safety Advisory
Conference ("HSAC"), regularly attend scheduled meetings of HSAC for the purpose of
education, understanding and dissemination of information developed for the purpose of the
promotion of safety through cooperation, and encourage all operators who provide over
water flight services to the oil and gas industry to adopt and incorporate the recommended
practices of HSAC into their daily operations.
Proposed law provides that the DA may attend and secure all writings in the form of
recommended practices that result from HSAC conferences that relate to safe over water
helicopter operations, and disseminate such writings in such a way that over water flight
service providers in this state.
Proposed law provides that among the considerations for helicopter safety in over water
flight services in the oil and gas industry, the DA may identify, evaluate and maintain
current knowledge of available feasible technology for all of the following:
1. Personal locator beacons ("PLBs") capable of transmitting a digital coded distress
signal and a permanent homing signal suitable for use in over water flight services
utilized in the oil and gas industry.
2. Incorporation into the daily operations of all operators a system for satellite tracking
of helicopters conducting over water flights, including maintaining a command
center to monitor the status of such flights.
3. Improvement of flight safety over water services by adoption of emerging advances
in aviation.  The DA or his designated representative shall also promote
enhancements in required pre-flight briefings to maximize passenger awareness of
passenger safety, and emergency procedures.  Where appropriate, the DA shall
provide information and recommendations to HSAC for consideration of
recommended practices for industry use of such systems and devices.
Proposed law requires the DA to maintain familiarity with all applicable federal regulations
promulgated by the FAA pertaining to over water helicopter operations, and may also obtain
and review all advisory circulars of the FAA that relate to such over water helicopter SB NO. 160
SLS 11RS-318	ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operations in this state or adjacent to its shores, issued under those parts of the Federal
Aviation Regulations ("FAR"). Where appropriate, the DA shall promote the adherence to
the regulations and adoption of the HSAC recommended practices.
Proposed law requires the DA to facilitate, as he deems necessary, information to the
directors of operations for operators who provide over water flight services in this state or
adjacent to its shores, through publication on the Internet through an identifiable link on the
DOTD website, summaries and or text of relevant new FAR and Advisory Circulars
published by the FAA or Recommended Practices published by HSAC.
Proposed law requires the DA to publish a report to the legislature, directed to the chairs of
the House and Senate committees on transportation, highways and public works, wherein
the DA shall summarize and comment upon all of the following:
1. The previous year's developments in safe practices for operators who provide over
water flight services in the state or adjacent to its shores, as such safe practices have
evolved over the previous 12 months, through the federal and industry organizations
referenced above.
2. Efforts made by the DA to insure knowledge of all such practices by operators within
the industry.
Proposed law requires that the report be delivered to the committees no later than September
1, annually.  A copy of the report shall also be sent to the director of operations of each
helicopter operator then known by the DA to be engaged in providing over water flight
services in the offshore oil and gas industry.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1486.1 and 1486.2)