HLS 14RS-3585 ENGROSSED
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are additions.
Regular Session, 2014
HOUSE BILL NO. 1275 (Substitute for House Bill No. 406 by Representative Tim Burns)
BY REPRESENTATIVE TIM BURNS
ADMINISTRATIVE PROCEDURE: Provides specified procedures for notice, public
hearings, and reports regarding permits from the office of conservation of the Dept.
of Natural Resources for operations that involve hydraulic fracture stimulation in
certain parishes
AN ACT1
To enact R.S. 49:954.2, relative to the Administrative Procedure Act; to provide specified2
procedures regarding the issuance of certain permits; to provide for notice and public3
hearings; to provide for reports to and oversight by the legislature; to provide for4
promulgation of rules relative to such procedure; to provide for effectiveness; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 49:954.2 is hereby enacted to read as follows:8
ยง954.2. Procedures for permits involving hydraulic fracture stimulation9
A. In addition to the provisions of Title 30 of the Louisiana Revised Statutes10
of 1950 and applicable administrative rules, any person seeking a permit after April11
23, 2014, from the office of conservation of the Department of Natural Resources for12
an operation that involves hydraulic fracture stimulation in a parish in which13
hydraulic fracture stimulation has not occurred shall do all of the following:14
(1) Publish notice of his intention to seek the permit on two separate days in15
the official journal of the parish where the operation is proposed and in another16
newspaper with a larger circulation within the parish than the official journal of the17
parish, if there is one. The contents and format of the notice required by this Section18
shall be prescribed by the office of conservation and shall include:19 HLS 14RS-3585 ENGROSSED
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(a) Prominent placement in the newspaper in a section other than the1
classified advertisement or public notice section.2
(b) Formatting in a box with a bolded outline.3
(c) A size of not less than two inches by four inches.4
(d) Print in bold face type.5
(2) Provide notice to the governing authority of the parish in which the6
proposed operation would be located and to the governing authority of each7
municipality within a thirty-mile radius of the proposed operation at least thirty days8
prior to applying for the permit.9
(3) Provide notice to each member of the legislature who represents in whole10
or in part the parish in which the proposed operation would be located at least thirty11
days prior to applying for the permit.12
(4) Provide notice to the appropriate oversight committees at least thirty days13
prior to applying for the permit.14
(5) Issue a press release regarding the proposed operation to newspapers with15
substantial distribution within the parish in which the proposed operation would be16
located and to area broadcast media.17
(6) Conduct a comprehensive study of the benefits and burdens of the18
proposed operation on the economy and development of the area and compile a19
report of his findings.20
(7) Provide proof of compliance with the provisions of this Subsection to the21
office of conservation of the Department of Natural Resources.22
B. Failure to comply with the requirements of Subsection A of this Section23
shall make an application for a permit from the office of conservation of the24
Department of Natural Resources for an operation that involves hydraulic fracture25
stimulation null, void, and of no effect until the person seeking the permit has fully26
complied with the requirements of Subsection A of this Section and with all27
applicable requirements of law, including Title 30 of the Louisiana Revised Statutes28
of 1950 and applicable administrative rules.29 HLS 14RS-3585 ENGROSSED
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C. After the office of conservation of the Department of Natural Resources1
receives an application for a permit for an operation that involves hydraulic fracture2
stimulation and proof of compliance with Subsection A of this Section, the office of3
conservation shall do all of the following:4
(1) Publish notice of a public hearing on the application prominently in the5
newspaper with the largest distribution in the parish in which the proposed operation6
would be located. At a minimum, such notice shall contain the date and location of7
the public hearing, information regarding how and to whom at the office of8
conservation comments regarding the proposed operation may be submitted, and9
information regarding how and where the public can view documents regarding the10
proposed operation, including but not limited to the study of the benefits and11
burdens.12
(2) Provide for a comment period of not less than thirty days following13
notice and prior to the public hearing.14
(3) Issue a press release regarding the public hearing to newspapers with15
substantial distribution within the parish where the proposed operation would be16
located and to area broadcast media.17
(4) Conduct a public hearing in a centrally located, easily accessible location18
in the parish.19
(5) Summarize all public comment received prior to and at the public hearing20
in a report which shall be submitted to the appropriate oversight committees in the21
same manner as reports required pursuant to R.S. 49:968(D) and to each member of22
the legislature who represents in whole or in part the parish in which the proposed23
operation would be located.24
D. The appropriate oversight committees may hold a public hearing on the25
report no earlier than five days and no later than thirty days following the day the26
report is received by the appropriate oversight committees.27 HLS 14RS-3585 ENGROSSED
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E. After the expiration of the time period for the appropriate oversight1
committees to hold a public hearing on the report, the office of conservation of the2
Department of Natural Resources may issue the permit.3
F. Notwithstanding any provisions of this Chapter to the contrary, the office4
of conservation of the Department of Natural Resources may promulgate rules5
necessary for the implementation of the requirements of this Section in the manner6
provided in R.S. 49:953(B) for emergency rules.7
G. Notwithstanding the provisions of Subsections A and B of this Section,8
to the extent that any provision of this Section and the provisions of Title 30 of the9
Louisiana Revised Statutes of 1950 or of applicable administrative rules are in10
conflict, the provisions of this Section shall prevail.11
H. For purposes of this Section the term "appropriate oversight committees"12
shall mean the standing committees of each house of the legislature having13
jurisdiction over review of proposed rules of the Department of Natural Resources.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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 of 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: HLS 14RS-3585 ENGROSSED
HB NO. 1275
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are additions.
(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. HLS 14RS-3585 ENGROSSED
HB NO. 1275
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are additions.
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)