HLS 14RS-3327 ORIGINAL
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 143
BY REPRESENTATIVE STOKES
MINERALS: Urges and requests the commissioner of conservation, the Department of
Natural Resources, the attorney general, and the legislative auditor to conduct a
comprehensive assessment and evaluation of hazards posed by certain pipelines
A CONCURRENT RESOLUTI ON1
To urge and request the commissioner of conservation and the secretary of the Department2
of Natural Resources, in consultation with the attorney general, and with the3
assistance of the legislative auditor as requested, to cooperatively and jointly conduct4
a comprehensive assessment and evaluation of the hazards posed to the public health,5
safety, and welfare, specifically including hazards to recreational and commercial6
maritime navigation, from pipelines inadequately covered, marked, or protected and7
no longer buried as originally designed or as permitted and to make8
recommendations for any necessary statutory, rule, regulation, or policy change in9
order to abate or mitigate such hazards.10
WHEREAS, the coastal zone of Louisiana supports numerous natural and economic11
resources, including nationally important energy and maritime infrastructure and resources12
and commercial and recreational fisheries; is home to a large percentage of the state's13
population; and generates over fifty percent of the state's annual revenues; and14
WHEREAS, there are many pipeline segments that transport natural gas, other types15
of gas, and hazardous liquids, including petroleum, petroleum products, and anhydrous16
ammonia, that traverse the many waterways within the coastal zone where recreational and17
commercial maritime navigation occurs; and18
WHEREAS, where these pipelines are inadequately covered, marked, or protected,19
or are no longer buried as originally designed or as permitted they present significant hazards20 HLS 14RS-3327 ORIGINAL
HCR NO. 143
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to the public health, safety and welfare, specifically including hazards to recreational and1
commercial navigation; and2
WHEREAS, the coastal zone of Louisiana has experienced significant land loss3
historically and continues to lose land from erosion at an alarming rate; and4
WHEREAS, many pipeline segments currently in operation in the coastal zone were5
initially installed, designed, and permitted to be constructed on land within the coastal zone6
and, due to coastal erosion, are now beneath water where recreational and commercial7
maritime navigation occurs; and8
WHEREAS, allisions involving recreational and commercial maritime navigation9
and inadequately covered, marked, or protected pipelines have in some instances caused10
death, environmental pollution, and economic losses; and11
WHEREAS, a real potential currently exists for a significant event to occur related12
to such a allision resulting in death or an environmental catastrophe causing the federal13
government to react by imposing moratoriums, as it did following the Deepwater Horizon14
oil spill, that could prevent maritime navigation in the coastal zone and the use of pipelines15
to transport energy resources; and16
WHEREAS, any such moratorium imposed by the federal government would have17
severe economic impacts on the citizens, businesses, and industries in the state as well as to18
the state of Louisiana itself, similar to the economic impacts of the moratorium following19
the Deepwater Horizon oil spill; and20
WHEREAS, in accordance with R.S. 30:4, 501 et seq., and 701 et seq., and the rules21
and regulations promulgated pursuant thereto, the commissioner of conservation is primarily22
responsible for the regulation of intrastate pipelines and pipeline safety in Louisiana; and23
WHEREAS, in accordance with the State and Local Coastal Resources Management24
Act of 1978, R.S. 49:214.21 et seq., and the rules and regulations promulgated pursuant25
thereto, the secretary of the Department of Natural Resources through the coastal use26
permitting program has authority to regulate certain uses in the coastal zone, including uses27
which may lead to coastal impacts associated with the installation and operation of a28
pipeline; and29 HLS 14RS-3327 ORIGINAL
HCR NO. 143
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WHEREAS, pursuant to Article IV, Section 8 of the Constitution of Louisiana, the1
attorney general is the chief legal officer for the state of Louisiana, is responsible to2
represent the public interest, and is responsible to the legislature and the public therefor; and3
WHEREAS, pursuant to R.S. 24:513, the legislative auditor is responsible and has4
the authority to conduct performance audits, program evaluations, and other studies as are5
needed to enable the legislature and its committees to evaluate the efficiency, effectiveness,6
and operation of state programs and activities; and7
WHEREAS, the risks and gravity of harm to the public health, safety, and welfare,8
specifically including hazards to recreational and commercial maritime navigation, posed9
by pipelines in the coastal zone that are inadequately covered, marked, or protected and no10
longer buried as originally designed or permitted, are significant and an immediate11
comprehensive assessment and evaluation is necessary to assist the legislature in12
determining what actions are necessary.13
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby14
urge and request the commissioner of conservation and the secretary of the Department of15
Natural Resources, in consultation with the attorney general and with the assistance of the16
legislative auditor as requested, to cooperatively and jointly conduct a comprehensive17
assessment and evaluation of the hazards posed to the public health, safety, and welfare,18
specifically including hazards to recreational and commercial maritime navigation, from19
pipelines inadequately covered, marked, or protected and no longer buried as originally20
designed or permitted and to make recommendations for any necessary statutory rule,21
regulation, or policy change in order to abate or mitigate such hazards.22
BE IT FURTHER RESOLVED that this comprehensive assessment and evaluation23
include the following:24
A. An inventory of all pipeline segments in the coastal zone, the range of the depth25
of water where each pipeline segment is located taking into consideration high and low tides,26
the current depth of burial, and the consistency of the material covering the pipeline. To the27
extent necessary, the commissioner of conservation should request and, to the extent28
authorized, require pipeline owners and operators to provide such information.29 HLS 14RS-3327 ORIGINAL
HCR NO. 143
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B. An assessment and evaluation of the hazards to public health, safety, and welfare,1
including hazards to recreational and commercial maritime navigation, currently posed by2
pipelines determined to be inadequately covered, marked, or protected and no longer buried3
as originally designed or permitted.4
C. An assessment and evaluation of the currently required depths of cover over5
pipelines to determine if such depths of cover, considering the material used for cover, are6
adequate considering the risk and gravity of harm to the public health, safety, and welfare.7
D. An assessment and evaluation of the adequacy of the statutory and regulatory8
requirements for:9
(1) Permitting, inspections, and maintenance of intrastate pipelines to ensure they10
remain safely covered and do not become a hazard to recreational and commercial maritime11
navigation.12
(2) A pipeline owner or operator to provide notice to the appropriate regulatory13
agencies and others of conditions that may present a hazard to recreational and commercial14
maritime navigation.15
(3) Signage provided by pipeline owners and operators for pipelines that traverse16
waterways within the coastal zone.17
(4) Marking any pipelines determined to have insufficient cover to warn recreational18
and commercial maritime navigation of such hazards.19
E. An assessment and evaluation of the adequacy of statutory and regulatory20
authorities of the commissioner of conservation and the secretary of the Department of21
Natural Resources to conduct inspections, obtain records, and take appropriate enforcement22
action to compel compliance with the requirements necessary to protect recreational and23
commercial maritime navigation from inadequately covered, marked, or protected pipelines.24
F. An assessment and evaluation of the adequacy of funding of the programs related25
to pipeline safety.26
G. Recommendations to abate or mitigate hazards posed by inadequately covered,27
marked, or protected pipelines.28
BE IT FURTHER RESOLVED that the comprehensive assessment and evaluation29
report and recommendations for any necessary statutory rule, regulation, or policy changes30 HLS 14RS-3327 ORIGINAL
HCR NO. 143
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be submitted to the House Committee on Natural Resources and Environment and the Senate1
Committee on Natural Resources no later than March 1, 2015.2
BE IT FURTHER RESOLVED that suitable copies of this Resolution be transmitted3
to the secretary of the Department of Natural Resources, the commissioner of conservation,4
the attorney general, and the legislative auditor.5
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)]
Stokes HCR No. 143
Urges and requests the commissioner of conservation and the secretary of the Dept. of
Natural Resources, in consultation with the attorney general and with the assistance of the
legislative auditor as requested, to cooperatively and jointly conduct a comprehensive
assessment and evaluation of the hazards from pipelines inadequately covered, marked, or
protected and no longer buried as originally designed or permitted and to make
recommendations for any necessary statutory rule, regulation, or policy change in order to
abate or mitigate such hazards.
Requests the report of the assessment and evaluation and recommendations be submitted to
the House Committee on Natural Resources and Environment and the Senate Committee on
Natural Resources no later than March 1, 2015.