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Regular Session, 2014
HOUSE BILL NO. 957
BY REPRESENTATIVE JOHNSON
MINERALS: Provides relative to plugging and abandoning of disposal wells and injection
wells and restoration of such well sites
AN ACT1
To amend and reenact R.S. 30:4(C)(16)(a), 4.1(B)(1), and 83(B), relative to plugging and2
abandoning of wells; to require the commissioner of conservation to take certain3
actions relative to disposal wells and injection wells; to provide relative to the4
membership of the Oilfield Site Restoration Commission; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:4(C)(16)(a), 4.1(B)(1), and 83(B) are hereby amended and8
reenacted to read as follows:9
§4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations10
* * *11
C. The commissioner has authority to make, after notice and hearings as12
provided in this Chapter, any reasonable rules, regulations, and orders that are13
necessary from time to time in the proper administration and enforcement of this14
Chapter, including rules, regulations, or orders for the following purposes:15
* * *16
(16)(a) To regulate by rules, the drilling, casing, cementing, disposal17
interval, monitoring, plugging and permitting of disposal wells which are used to18
inject waste products in the subsurface and to regulate all surface and storage waste19
facilities incidental to oil and gas exploration and production, in such a manner as20 HLS 14RS-1466 ORIGINAL
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to prevent the escape of such waste product into a fresh groundwater aquifer or into1
oil or gas strata; may shall require the plugging of each abandoned well or and each2
well which is of no further use and the closure of associated pits, the removal of3
equipment, structures, and trash, and other general site cleanup of such abandoned4
or unused well sites; and may shall require reasonable bond with security for the5
performance of the duty to plug each abandoned well or and each well which is of6
no further use and to perform the site cleanup required by this Subparagraph. Only7
an owner as defined in R.S. 30:3(8) shall be held or deemed responsible for the8
performance of any actions required by the commissioner.9
* * *10
§4.1. Underground injection control11
* * *12
B. The assistant secretary of the office of conservation of the Department of13
Natural Resources, hereafter referred to as the "assistant secretary", shall have14
authority to make, after notice and hearings as provided in this Chapter, any15
reasonable rules, regulations, and orders that are necessary from time to time in the16
proper administration and enforcement of this Section including, but not limited to17
rules, regulations, or orders for the following purposes:18
(1) To regulate, by rules, the drilling, casing, cementing, disposal interval,19
monitoring, plugging, and permitting of disposal wells which are used to inject20
hazardous waste products in the subsurface, and to regulate all surface and storage21
waste facilities incidental to oil and gas exploration and production, in such a manner22
as to prevent the escape of such hazardous waste product into a fresh groundwater23
aquifer or into oil or gas strata; may shall require the plugging of each abandoned24
well or and each well which is of no further use and the closure of associated pits,25
the removal of equipment, structures, and trash, and the general site cleanup of such26
abandoned or unused well sites; and may shall require reasonable bond with security27
for the performance of the duty to plug each abandoned well or and each well which28
is of no further use and to perform the site cleanup required by this Section. Only29 HLS 14RS-1466 ORIGINAL
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an owner as defined in R.S. 30:3(8) shall be held or deemed responsible for the1
performance of any actions required by the commissioner.2
* * *3
§83. Oilfield Site Restoration Commission; Department of Natural Resources4
* * *5
B. The commission shall consist of ten members comprised as follows:6
(1) The secretary of the Department of Natural Resources, who shall serve7
as the chairman and the assistant secretary, who shall serve as vice chairman. The8
undersecretary of the department may serve as a proxy member of the board in the9
absence of the secretary with full authority to act for the secretary as a member of10
the board.11
(2) One person appointed by the governor, who shall serve at the pleasure12
of the governor.13
(3) One person appointed by the governor from a list of three persons14
submitted by the Louisiana Mid-Continent Oil and Gas Association for an initial15
term of four years. The secretary of the Department of Environmental Quality. The16
undersecretary of the department may serve as a proxy member of the board in the17
absence of the secretary and shall have full authority to act for the secretary when18
serving as a member of the board.19
(4) One person appointed by the governor from a list of three persons20
submitted by the Louisiana Mid-Continent Oil and Gas Association for an initial21
term of two years. The secretary of the Department of Wildlife and Fisheries. The22
undersecretary of the department may serve as a proxy member of the board in the23
absence of the secretary and shall have full authority to act for the secretary when24
serving as a member of the board.25
(5) One person appointed by the governor from a list of three persons26
submitted by the Louisiana Independent Oil and Gas Association who shall serve an27
initial term of four years. One person appointed by the governor from a list of three28 HLS 14RS-1466 ORIGINAL
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nominations submitted by the Delta Chapter Sierra Club, who shall serve an initial1
term of four years.2
(6) One person appointed by the governor from a list of three persons3
submitted by the Louisiana Independent Oil and Gas Association who shall serve an4
initial term of two years. One person appointed by the governor from a list of three5
nominations submitted by the Louisiana Wildlife Federation, who shall serve an6
initial term of two years.7
(7) One person appointed by the governor from a list of three persons8
nominations submitted by the Louisiana Landowners Association who shall serve an9
initial term of three years.10
(8) One person appointed by the governor from a list of three persons11
nominations submitted by representatives of the Louisiana division of the Sierra12
Club, the Louisiana Wildlife Federation, and the Louisiana division of the Audubon13
Society, the Louisiana Audubon Council who shall serve an initial term of three14
years.15
(9) One person appointed by the governor from a list of three persons16
nominations submitted by the Nature Conservancy for an initial term of three years.17
(10) The assistant secretary for the office of conservation or his designee18
shall serve as vice chairman of the commission. The assistant secretary shall not be19
counted to determine the number needed to constitute a quorum but shall be counted20
to establish a quorum. When the secretary is present, the assistant secretary shall not21
be a voting member. The assistant secretary for the office of conservation may serve22
as a proxy member of the board in the absence of the secretary and he shall have full23
authority to act for the secretary when serving as a member of the board.24
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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)]
Johnson HB No. 957
Abstract: Changes the membership of the Oilfield Site Restoration Commission and
requires the commissioner of conservation to do certain things relative to disposal
wells and injection wells.
Present law provides for the jurisdiction, duties, and powers of the commissioner of
conservation. Authorizes the commissioner to regulate disposal wells and injection wells
and other items and facilities associated with such wells including requiring the plugging and
abandoning of abandoned wells or wells of no further use. Authorizes the commissioner to
require reasonable surety bond for such plugging and abandoning.
Proposed law requires the commissioner to require the plugging of abandoned wells and
wells that are of no further use and require surety bond associated with such activities.
Present law creates the Oilfield Site Restoration Commission and charges that commission
with the responsibility to approve a priority list for oilfield site restoration efforts by the
Dept. of Natural Resources, review such activities, and administer and manage the Oilfield
Site Restoration Fund. Provides that the commission be composed of the following:
(1)The secretary of the Dept. of Natural Resources, who shall serve as the chairman and
the assistant secretary, who shall serve as vice chairman.
(2)One person appointed by the governor, serving at the pleasure of the governor.
(3)One person appointed by the governor from a list of three persons submitted by the
Louisiana Mid-Continent Oil and Gas Association for an initial term of four years.
(4)One person appointed by the governor from a list of three persons submitted by the
Louisiana Mid-Continent Oil and Gas Association for an initial term of two years.
(5)One person appointed by the governor from a list of three persons submitted by the
Louisiana Independent Oil and Gas Association who shall serve an initial term of
four years.
(6)One person appointed by the governor from a list of three persons submitted by the
Louisiana Independent Oil and Gas Association who shall serve an initial term of
two years.
(7)One person appointed by the governor from a list of three persons submitted by the
Louisiana Landowners Association who shall serve an initial term of three years.
(8)One person appointed by the governor from a list of three persons submitted by
representatives of the Louisiana division of the Sierra Club, the Louisiana Wildlife
Federation, and the Louisiana division of the Audubon Society, who shall serve an
initial term of three years.
(9)One person appointed by the governor from a list of three persons submitted by the
Nature Conservancy for an initial term of three years. HLS 14RS-1466 ORIGINAL
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Proposed law alters the membership to be as follows:
(1)The secretary of the Dept. of Natural Resources, who shall serve as the chairman.
(2)One person appointed by the governor, who shall serve at the pleasure of the
governor.
(3)The secretary of the Dept. of Environmental Quality. The undersecretary of the
department may serve as a proxy member of the board in the absence of the secretary
and shall have full authority to act for the secretary when serving as a member of the
board.
(4)The secretary of the Dept. of Wildlife and Fisheries. The undersecretary of the
department may serve as a proxy member of the board in the absence of the secretary
and shall have full authority to act for the secretary when serving as a member of the
board.
(5)One person appointed by the governor from a list of three nominations submitted by
the Delta Chapter Sierra Club, who shall serve an initial term of four years.
(6)One person appointed by the governor from a list of three nominations submitted by
the Louisiana Wildlife Federation, who shall serve an initial term of two years.
(7)One person appointed by the governor from a list of three nominations submitted by
the Louisiana Landowners Association who shall serve an initial term of three years.
(8)One person appointed by the governor from a list of three nominations submitted by
the Louisiana Audubon Council who shall serve an initial term of three years.
(9)One person appointed by the governor from a list of three nominations submitted by
the Nature Conservancy for an initial term of three years.
(10)The assistant secretary for the office of conservation or his designee shall serve as
vice chairman of the commission. The assistant secretary shall not be counted to
determine the number needed to constitute a quorum but shall be counted to establish
a quorum. When the secretary is present, the assistant secretary shall not be a voting
member. The assistant secretary for the office of conservation may serve as a proxy
member of the board in the absence of the secretary and shall have full authority to
act for the secretary when serving as a member of the board.
(Amends R.S. 30:4(C)(16)(a), 4.1(B)(1), and 83(B))