HLS 14RS-3327 ENGROSSED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 143
BY REPRESENTATIVES STOKES AND LEOPOLD
MINERALS: Urges and requests the commissioner of conservation and the secretary of the
Department of Natural Resources 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 to conduct a comprehensive assessment and evaluation of the3
hazards posed to the public health, safety, and welfare, specifically including hazards4
to recreational and commercial maritime navigation, from pipelines inadequately5
covered, marked, or protected and no longer buried as originally designed or as6
permitted and to make recommendations for any necessary statutory, rule, regulation,7
or policy change in order to abate or mitigate such hazards.8
WHEREAS, the coastal zone of Louisiana supports numerous natural and economic9
resources, including nationally important energy and maritime infrastructure and resources10
and commercial and recreational fisheries; is home to a large percentage of the state's11
population; and generates over fifty percent of the state's annual revenues; and12
WHEREAS, there are many pipeline segments that transport natural gas, other types13
of gas, and hazardous liquids, including petroleum, petroleum products, and anhydrous14
ammonia, that traverse the many waterways within the coastal zone where recreational and15
commercial maritime navigation occurs; and16
WHEREAS, where these pipelines are inadequately covered, marked, or protected,17
or are no longer buried as originally designed or as permitted they present significant hazards18
to the public health, safety and welfare, specifically including hazards to recreational and19
commercial navigation; and20 HLS 14RS-3327 ENGROSSED
HCR NO. 143
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WHEREAS, the coastal zone of Louisiana has experienced significant land loss1
historically and continues to lose land from erosion at an alarming rate; and2
WHEREAS, many pipeline segments currently in operation in the coastal zone were3
initially installed, designed, and permitted to be constructed on land within the coastal zone4
and, due to coastal erosion, are now beneath water where recreational and commercial5
maritime navigation occurs; and6
WHEREAS, in accordance with R.S. 30:4, 501 et seq., and 701 et seq., and the rules7
and regulations promulgated pursuant thereto, the commissioner of conservation is primarily8
responsible for the regulation of intrastate pipelines and pipeline safety in Louisiana; and9
WHEREAS, in accordance with the State and Local Coastal Resources Management10
Act of 1978, R.S. 49:214.21 et seq., and the rules and regulations promulgated pursuant11
thereto, the secretary of the Department of Natural Resources through the coastal use12
permitting program has authority to regulate certain uses in the coastal zone, including uses13
which may lead to coastal impacts associated with the installation and operation of a14
pipeline; and15
WHEREAS, the risks and gravity of harm to the public health, safety, and welfare,16
specifically including hazards to recreational and commercial maritime navigation, posed17
by pipelines in the coastal zone that are inadequately covered, marked, or protected and no18
longer buried as originally designed or permitted, are significant and an immediate19
comprehensive assessment and evaluation is necessary to assist the legislature in20
determining what actions are necessary.21
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby22
urge and request the commissioner of conservation and the secretary of the Department of23
Natural Resources to conduct a comprehensive assessment and evaluation of the hazards24
posed to the public health, safety, and welfare, specifically including hazards to recreational25
and commercial maritime navigation, from pipelines inadequately covered, marked, or26
protected and no longer buried as originally designed or permitted and to make27
recommendations for any necessary statutory rule, regulation, or policy change in order to28
abate or mitigate such hazards.29 HLS 14RS-3327 ENGROSSED
HCR NO. 143
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BE IT FURTHER RESOLVED that this comprehensive assessment and evaluation1
of interstate and intrastate pipelines transporting hazardous liquids, including carbon2
dioxide, as provided for in 49 CFR Part 195 and R.S. 30:701 et seq., and natural gas as3
provided for in 40 CFR Parts 191 and 192 and R.S. 30:501 et seq., include the following:4
A. An inventory of all such pipeline segments in the coastal zone, the range of the5
depth of water where each pipeline segment is located taking into consideration high and low6
tides, the current depth of burial, and the consistency of the material covering the pipeline.7
To the extent necessary, the commissioner of conservation should request and, to the extent8
authorized, require pipeline owners and operators to provide such information.9
B. An assessment and evaluation of the hazards to public health, safety, and welfare,10
including hazards to recreational and commercial maritime navigation, currently posed by11
pipelines determined to be inadequately covered, marked, or protected and no longer buried12
as originally designed or permitted.13
C. An assessment and evaluation of the currently required depths of cover over14
pipelines to determine if such depths of cover, considering the material used for cover, are15
adequate considering the risk and gravity of harm to the public health, safety, and welfare.16
D. An assessment and evaluation of the adequacy of the statutory and regulatory17
requirements for:18
(1) Permitting, inspections, and maintenance of pipelines to ensure they remain19
safely covered and do not become a hazard to recreational and commercial maritime20
navigation.21
(2) A pipeline owner or operator to provide notice to the appropriate regulatory22
agencies and others of conditions that may present a hazard to recreational and commercial23
maritime navigation.24
(3) Signage provided by pipeline owners and operators for pipelines that traverse25
waterways within the coastal zone.26
(4) Marking any pipelines determined to have insufficient cover to warn recreational27
and commercial maritime navigation of such hazards.28
E. An assessment and evaluation of the adequacy of statutory and regulatory29
authorities of the commissioner of conservation and the secretary of the Department of30 HLS 14RS-3327 ENGROSSED
HCR NO. 143
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Natural Resources to conduct inspections, obtain records, and take appropriate enforcement1
action to compel compliance with the requirements necessary to protect recreational and2
commercial maritime navigation from inadequately covered, marked, or protected pipelines.3
F. An assessment and evaluation of the adequacy of funding of the programs related4
to pipeline safety.5
G. Recommendations to abate or mitigate hazards posed by inadequately covered,6
marked, or protected pipelines.7
BE IT FURTHER RESOLVED that the commissioner of conservation and the8
secretary of the Department of Natural Resources outline a plan to assess and evaluate flow9
lines and gathering lines, including abandoned flow lines and gathering lines, in the coastal10
zone in the future.11
BE IT FURTHER RESOLVED that all state agencies are hereby authorized and12
encouraged to assist, as requested by the commissioner or the secretary, in conducting the13
comprehensive assessment and evaluation, specifically including the attorney general to14
evaluate and assess the legal and regulatory authorities of the commissioner, the secretary,15
and other relevant state and federal agencies.16
BE IT FURTHER RESOLVED that the comprehensive assessment and evaluation17
report and recommendations for any necessary statutory rule, regulation, or policy changes18
be submitted to the House Committee on Natural Resources and Environment and the Senate19
Committee on Natural Resources no later than March 1, 2015.20
BE IT FURTHER RESOLVED that suitable copies of this Resolution be transmitted21
to the secretary of the Department of Natural Resources and the commissioner of22
conservation.23
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 to conduct a comprehensive assessment and evaluation of the hazards
from interstate and intrastate hazardous liquid and natural gas pipelines inadequately
covered, marked, or protected and no longer buried as originally designed or permitted, and HLS 14RS-3327 ENGROSSED
HCR NO. 143
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to make recommendations for any necessary statutory rule, regulation, or policy change in
order to abate or mitigate such hazards.
Resolves that the commissioner and the secretary outline a plan to assess and evaluate flow
lines and gathering lines, including abandoned flow lines and gathering lines, in the coastal
zone in the future.
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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Changes that the assessment and evaluation be conducted in consultation with
the attorney general with assistance from the legislative auditor to authorizing all
state agencies to assist including the attorney general.
2. Limits the assessment and evaluation to interstate and intrastate hazardous liquid
and natural gas pipelines.
3. Adds a plan to assess and evaluate flow lines and gathering lines, including
abandoned flow lines and gathering lines, in the coastal zone in the future.