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)]
Tim Burns HB No. 1275
Abstract: Provides specified procedures for notice, public hearings, reports, and legislative
oversight regarding permits from the office of conservation of the Dept. of Natural
Resources for operations that involve hydraulic fracture stimulation in a parish in which
hydraulic fracture stimulation has not occurred.
Proposed law provides, in addition to the provisions present law (Title 30) and applicable
administrative rules, that any person seeking a permit after April 23, 2014, from the office of
conservation of the Dept. of Natural Resources for an operation that involves hydraulic fracture
stimulation in a parish in which hydraulic fracture stimulation has not occurred shall do all of the
following:
(1)Publish notice of his intention to seek the permit on two separate days in the official
journal of the parish and in another newspaper with a larger circulation within the parish
than the official journal. Requires the office of conservation to prescribe the content and
format of the notice to include prominent placement in the newspaper; formatting in a
box with a bolded outline; a size of not less than two inches by four inches; and print in
bold face type.
(2)Provide notice to the governing authority of the parish, to the governing authority of each
municipality within a thirty-mile radius of the proposed operation, to each member of the
legislature who represents in whole or in part the parish in which the operation is
proposed, and the appropriate legislative oversight committees at least 30 days prior to
applying for the permit.
(3)Issue a press release regarding the proposed operation to newspapers with substantial
distribution within the parish where the operation is proposed and to area broadcast
media.
(4)Conduct a comprehensive study of the benefits and burdens of the proposed operation on
the economy and development of the area and compile a report of its findings.
(5)Provide proof of compliance with proposed law to the office of conservation.
Proposed law provides that failure to comply with proposed law makes an application for a
permit from the office of conservation for an operation that involves hydraulic fracture
stimulation null, void, and of no effect until the person seeking the permit has fully complied with proposed law and with all applicable requirements of present law, including Title 30 of the
La. R.S. of 1950 and applicable administrative rules.
Proposed law provides that after the office of conservation receives an application for a permit
for an operation that involves hydraulic fracture stimulation and proof of compliance with
proposed law, the office of conservation shall:
(1)Publish notice of a public hearing on the application prominently in the newspaper with
the largest distribution in the parish in which the operation is proposed. Requires the
notice to include the date and location of the public hearing, information regarding how
and to whom at the office of conservation comments may be submitted, and information
regarding how and where the public can view documents regarding the proposed
operation.
(2)Provide for a comment period of not less than 30 days following notice and prior to the
public hearing.
(3)Issue a press release regarding the public hearing to newspapers with substantial
distribution within the parish where the operation is proposed and to area broadcast
media.
(4)Conduct a public hearing in a centrally located, easily accessible location in the parish.
(5)Summarize all public comment received prior to and at the public hearing in a report
which shall be submitted to the appropriate oversight committees of the legislature as
provided in present law (Administrative Procedure Act) in the same manner as reports
required pursuant to present law (R.S. 49:968(D)) and to each member of the legislature
who represents in whole or in part the parish in which the operation is proposed.
Proposed law further authorizes the appropriate oversight committees of the legislature to hold a
public hearing on the report no earlier than five days and no later than 30 days following the day
the report is received. Provides after the expiration of the time period for the appropriate
oversight committees to hold a public hearing the office of conservation may issue the permit.
Authorizes office of conservation to promulgate rules necessary for the implementation of the
requirements of proposed law in the manner provided in present law (R.S. 49:953(B)) for
emergency rules. Specifies that if any provision of proposed law conflicts with present law (Title
30) or applicable administrative rules, proposed law prevails.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 49:954.2)