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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2014
HOUSE BILL NO. 1281 (Substitute for House Bill No. 933 by Representative Montoucet)
BY REPRESENTATIVE MONTOUCET
ENERGY/PIPELINES: Provides for pipeline disclosures and registrations
AN ACT1
To amend and reenact R.S. 45:260 and to enact R.S. 30:4(N), relative to pipelines; to2
provide for the duties and powers of the commissioner of conservation and the3
Public Service Commission; to provide for the authority to promulgate rules and4
regulations; to provide for a declaration of right for landowners; to provide for a5
registry of entities with expropriation or condemnation authority; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:4(N) is hereby enacted to read as follows:9
§4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations10
* * *11
N.(1) After notice and hearings as provided in this Chapter, the12
commissioner shall promulgate any reasonable rules, regulations, and orders, in13
accordance with the Administrative Procedure Act, that are necessary to prepare a14
written declaration of the rights of a landowner whose immovable property may be15
acquired by an entity authorized by R.S. 19:2(5),(8),(9),(10), or (12) or R.S. 30:110816
to expropriate property or authorized by federal law to condemn property for the17
purpose of construction and operation of interstate pipelines transmitting any form18
of hydrocarbon in a liquid or gaseous state and to maintain a registry of such entities.19
(2) The declaration of rights shall include a description of the expropriation20
and condemnation procedure; the acquiring entity's obligations to the landowner; and21
the landowner's right to compensation, to trial by a court, and to appeal. When an22 HLS 14RS-2930 REENGROSSED
HB NO. 1281
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entity delineated in Paragraph (1) of this Subsection makes first contact with a1
landowner whose immovable property may be acquired, the entity shall provide to2
the landowner a printed copy of the declaration of rights and a written disclosure of3
the product the pipeline will transport, the agency or agencies that regulate the4
pipeline, and contact information for any such agency.5
(3) The rules, regulations, and orders authorized by this Subsection shall6
require entities with the authority to expropriate or condemn as delineated in7
Paragraph (1) of this Subsection to register with the department. The department8
shall make the registry available to the public, including access through the9
department's website.10
(4) The commissioner shall cooperate with any state, federal, or private11
entity, including the Public Service Commission, the Federal Energy Regulatory12
Commission, and the United States Department of Transportation, that is convenient13
or necessary to ensure the distribution of the declaration of rights to the greatest14
extent possible or to maintain the accuracy of the registry of entities.15
Section 2. R.S. 45:260 is hereby amended and reenacted to read as follows:16
§260. Rules and regulations, general or applicable to particular fields17
The commission shall make and enforce all other needful rules and18
regulations, either general in their nature or applicable to particular oil fields,19
covering fully the duties of common carrier pipe lines as defined in R.S. 45:251,20
including rules and regulations to carry out the purposes of R.S. 30:4(N).21
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)]
Montoucet HB No. 1281
Abstract: Requires the commissioner of conservation to prepare a written declaration of
rights to be distributed to landowners and to maintain a registry of entities with
expropriation and condemnation authority.
Proposed law requires the commissioner of conservation to promulgate any reasonable rules,
regulations, and orders that are necessary to prepare a written declaration of the rights of a
landowner whose immovable property may be acquired by expropriation or condemnation HLS 14RS-2930 REENGROSSED
HB NO. 1281
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as authorized by state or federal law for the purpose of construction and operation of
pipelines transmitting any form of hydrocarbon or for injection of carbon dioxide for
underground storage and to maintain a registry of such entities.
Proposed law requires the declaration of rights to include the following:
(1)A description of the expropriation and condemnation procedure.
(2)The acquiring entity's obligations to the landowner.
(3)The landowner's right to compensation, to trial by a court, and to appeal.
Proposed law requires when an entity makes first contact with a landowner whose
immovable property may be acquired, to provide the landowner with a printed copy of the
declaration of rights and a written disclosure of the product the pipeline will transport, the
agency or agencies that regulate the pipeline, and the agency's or agencies' contact
information.
Proposed law requires the commissioner to make the registry of entities with the authority
to expropriate or condemn available to the public, including access through the department's
website.
Proposed law requires the commissioner to cooperate with any state, federal, or private
entity, including the Public Service Commission, the Federal Energy Regulatory
Commission, and the U.S. Dept. of Transportation, to ensure the distribution of the
declaration of rights to the greatest extent possible or to maintain the accuracy of the
registry.
Present law requires the Public Service Commission to make and enforce all other needful
rules and regulations, either general in their nature or applicable to particular oil fields,
covering fully the duties of common carrier pipelines.
Proposed law retains preset law and includes rules and regulations to carry out the purposes
of proposed law.
(Amends R.S. 45:260, Adds R.S. 30:4(N))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added property that may be expropriated for pipelines transmitting carbon
dioxide.