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Regular Session, 2012
SENATE CONCURRENT RESOLUTI ON NO. 109
BY SENATOR ADLEY
CONSERVATION. Requests the commissioner of conservation to promulgate reasonable
rules and regulations necessary to protect human health and the environment as a result of
releases from oil and gas well sites.
A CONCURRENT RESOLUTI ON1
To urge and request the commissioner of conservation to make reasonable rules and2
regulations necessary to protect human health and the environment as a result of3
releases from oil and gas well sites and to report progress on the rules to the House4
Committee on Natural Resources and Environment and the Senate Committee on5
Natural Resources no later than December 31, 2012.6
WHEREAS, it is the constitutional duty of state government, including the7
legislature and the executive branch, to protect, conserve, and replenish the state's natural8
resources, including air and water, and the healthful, scenic, historic, and esthetic quality of9
the environment insofar as possible and consistent with the health, safety, and welfare of the10
citizens in environmental matters; and11
WHEREAS, the oil and gas industry is a significant economic and security interest12
for the state and for the country; and13
WHEREAS, from the early beginnings of the oil and gas industry to the present day,14
environmental protection has come into being and grown to see the passage of15
several pieces of landmark legislation and to become a duty of state government as16
evidenced in the Constitution of Louisiana; and 17
WHEREAS, oil and gas exploration and production activities have been conducted,18 SCR NO. 109
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produced, and closed or orphaned under varying evolving practices and standards over the1
history of the industry; and2
WHEREAS, the evolution of those practices and standards has created inconsistency3
in the approaches to be used to address contamination resulting from oil and gas exploration4
and production activities; and 5
WHEREAS, there is no regulation that governs the manner by which to evaluate the6
differences in approaches to determine the best practice.7
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby8
urge and request the commissioner of conservation to make, after notice and public hearing9
as provided by law, any reasonable rules, regulations, and orders that are necessary to protect10
human health and the environment to evaluate and remediate impacts on soil and11
groundwater by releases generated by the exploration and production of oil and gas wells12
and that such rules, regulations, and orders shall be effective no later that July 1, 2013.13
BE IT FURTHER RESOLVED that such rules, regulations, or orders shall be based14
on a human health risk-based approach and provide for methods and assumptions consistent15
with the United States Environmental Protection Agency's risk assessment guidance and the16
Department of Environmental Quality's Risk Evaluation/Corrective Action Program.17
BE IT FURTHER RESOLVED that such rules, regulations or orders shall be used18
to evaluate or remediate environmental impacts on soil and ground water by releases19
generated by activities related to the exploration and production of oil and gas wells when20
there is evidence of an exceedance of numerical standard set forth in Statewide Order 29-B.21
BE IT FURTHER RESOLVED that such rules, regulations or orders shall be22
developed with input from an advisory committee composed of the following members:23
1. The secretary of Department of Natural Resources, or his designee.24
2. The commissioner of the office of conservation, or his designee.25
3. The secretary of the Department of Environmental Quality, or his designee.26
4. The commissioner of the Department of Agriculture and Forestry, or his designee.27
5. A representative of the Louisiana Oil and Gas Association.28
6. A representative of the Louisiana Mid-Continent Oil and Gas Association.29
7. A representative of the Louisiana Landowners Association.30 SCR NO. 109
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8. A representative of the Louisiana Forestry Association.1
9. A representative of the Louisiana Sugar Cane League.2
10. The chairman of the House Committee on Natural Resources and Environment3
or his designee, who is a member of the committee.4
11. The chairman of the Senate Committee on Natural Resources, or his designee5
who is a member of the committee.6
BE IT FURTHER RESOLVED that the commissioner of conservation shall provide7
a report on the progress of the promulgation of the rules, regulations, and orders provided8
for in this Resolution to the House Committee on Natural Resources and Environment and9
the Senate Committee on Natural Resources no later than December 31, 2012. 10
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the11
commissioner of conservation.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Adley SCR No. 109
Requests the commissioner of conservation to promulgate reasonable rules and regulations
necessary to protect human health and the environment as a result of releases from oil and
gas well sites and to report progress on the rules to the House Committee on Natural
Resources and Environment and the Senate Committee on Natural Resources no later than
December 31, 2012.