HLS 12RS-2117 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1075
BY REPRESENTATIVE STUART BISHOP
ENERGY/DRILLING: Prohibits the construction of residences or businesses within five
hundred feet of an existing oil or gas well
AN ACT1
To enact R.S. 40:1730.26(3), relative to the state uniform construction code; to prohibit2
certain construction in proximity to oil and gas wells; to provide for the authority of3
the Louisiana State Uniform Construction Code Council; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1730.26(3) is hereby enacted to read as follows:7
ยง1730.26. Adoption and promulgation of certain building codes and standards as8
state uniform construction code; procedures9
The council shall review, adopt, modify, and promulgate the building codes10
referenced in R.S. 40:1730.28 of this Part, provided that:11
* * *12
(3) The council shall promulgate rules and regulations to modify portions of13
the state uniform construction code referenced in R.S. 40:1730.28 of this Part, in14
accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et15
seq. Such rules and regulations shall prohibit the construction of any residential or16
commercial structure within a one hundred foot radius of any oil and gas well or oil17
and gas test well. The prohibition provided for in this Paragraph shall not apply to18
any oil and gas well or oil and gas test well that has been certified as plugged and19
abandoned by the Department of Natural Resources, office of conservation, or where20 HLS 12RS-2117 ORIGINAL
HB NO. 1075
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
such well is in no longer in production and the owner of such well and the owner of1
the proposed residential or commercial structure enter a written agreement otherwise.2
The House Committee on Commerce and the Senate Committee on Commerce,3
Consumer Protection and International Affairs shall receive notice of intent to4
modify portions of the state uniform construction code and shall have oversight of5
any such modifications pursuant to the provisions of the Administrative Procedure6
Act.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stuart Bishop HB No. 1075
Abstract: Prohibits the construction of any residential or commercial structure within a 500
foot radius of certain oil and gas wells.
Proposed law requires the Louisiana State Uniform Construction Code Council to amend the
uniform construction code to prohibit the construction of any residential or commercial
structure within a 100 foot radius of any oil and gas well or oil and gas test well.
Proposed law provides that the prohibition in proposed law does not apply any certified
plugged and abandoned well or to an inactive well where the owner of such well and the
owner of the proposed residential or commercial structure enter a written agreement
otherwise.
Proposed law requires notice to the Senate and House committees on commerce shall have
oversight of any such modifications under the provisions of the Administrative Procedure
Act.
(Adds R.S. 40:1730.26(3))