HLS 14RS-3327 REENGROSSED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 143
BY REPRESENTATIVES STOKES, BILLIOT, 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 of3
pipelines inadequately covered and no longer buried as originally designed or4
permitted and to make recommendations for any necessary statutory, rule, regulation,5
or policy change.6
WHEREAS, the coastal zone of Louisiana supports numerous natural and economic7
resources, including nationally important energy and maritime infrastructure and resources;8
and9
WHEREAS, there are many pipeline segments that transport natural gas, other types10
of gas, and hazardous liquids, including petroleum, petroleum products, and anhydrous11
ammonia, that traverse the many waterways within the coastal zone and are no longer12
adequately covered or no longer buried as originally designed or as permitted; and13
WHEREAS, the coastal zone of Louisiana has experienced land loss; and14
WHEREAS, many pipeline segments currently in operation in the coastal zone were15
initially installed, designed, and permitted to be constructed on land within the coastal zone16
and, due to coastal erosion, are now beneath water; and17
WHEREAS, in accordance with R.S. 30:4, 501 et seq., and 701 et seq., and the rules18
and regulations promulgated pursuant thereto, the commissioner of conservation is primarily19
responsible for the regulation of intrastate pipelines and pipeline safety in Louisiana; and20 HLS 14RS-3327 REENGROSSED
HCR NO. 143
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WHEREAS, in accordance with the State and Local Coastal Resources Management1
Act of 1978, R.S. 49:214.21 et seq., and the rules and regulations promulgated pursuant2
thereto, the secretary of the Department of Natural Resources through the coastal use3
permitting program has authority to regulate certain uses in the coastal zone, including uses4
which may lead to coastal impacts associated with the installation and operation of a5
pipeline; and6
WHEREAS, the risks posed by pipelines in the coastal zone that are inadequately7
covered and no longer buried as originally designed or permitted, are significant and an8
immediate comprehensive assessment and evaluation is necessary to assist the legislature9
in determining what actions are necessary.10
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby11
urge and request the commissioner of conservation and the secretary of the Department of12
Natural Resources to conduct a comprehensive assessment and evaluation of pipelines13
inadequately covered and no longer buried as originally designed or permitted and to make14
recommendations for any necessary statutory rule, regulation, or policy change in order to15
abate or mitigate such hazards.16
BE IT FURTHER RESOLVED that this comprehensive assessment and evaluation17
of interstate and intrastate pipelines transporting hazardous liquids, including carbon18
dioxide, as provided for in 49 CFR Part 195 and R.S. 30:701 et seq., and natural gas as19
provided for in 40 CFR Parts 191 and 192 and R.S. 30:501 et seq., include the following:20
A. An inventory of all such pipeline segments in the coastal zone, the range of the21
depth of water where each pipeline segment is located taking into consideration high and low22
tides, the current depth of burial, and the consistency of the material covering the pipeline.23
To the extent necessary, the commissioner of conservation should request and, to the extent24
authorized, require pipeline owners and operators to provide such information.25
B. An assessment and evaluation of the currently required depths of cover over26
pipelines to determine if such depths of cover, considering the material used for cover, are27
adequate.28
C. An assessment and evaluation of the statutory and regulatory requirements for the29
following:30 HLS 14RS-3327 REENGROSSED
HCR NO. 143
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(1) Permitting, inspections, and maintenance of pipelines to ensure they remain1
safely covered.2
(2) Notice to the appropriate regulatory agencies of conditions that may present a3
hazard.4
(3) Signage for pipelines that traverse waterways within the coastal zone.5
(4) Marking any pipelines determined to have insufficient cover.6
D. An assessment and evaluation of the adequacy of statutory and regulatory7
authorities of the commissioner of conservation and the secretary of the Department of8
Natural Resources to conduct inspections, obtain records, and take appropriate enforcement9
action to compel compliance with the statutory and regulatory requirements.10
E. An assessment and evaluation of the adequacy of funding of the programs related11
to pipeline safety.12
F. Recommendations to abate or mitigate hazards posed by inadequately covered,13
marked, or protected pipelines.14
BE IT FURTHER RESOLVED that the commissioner of conservation and the15
secretary of the Department of Natural Resources outline a plan to assess and evaluate flow16
lines and gathering lines, including abandoned flow lines and gathering lines, in the coastal17
zone in the future.18
BE IT FURTHER RESOLVED that all state agencies are hereby authorized and19
encouraged to assist, as requested by the commissioner or the secretary, in conducting the20
comprehensive assessment and evaluation, specifically including the attorney general to21
evaluate and assess the legal and regulatory authorities of the commissioner, the secretary,22
and other relevant state and federal agencies.23
BE IT FURTHER RESOLVED that the comprehensive assessment and evaluation24
report and recommendations for any necessary statutory rule, regulation, or policy changes25
be submitted to the House Committee on Natural Resources and Environment and the Senate26
Committee on Natural Resources no later than March 1, 2015.27
BE IT FURTHER RESOLVED that suitable copies of this Resolution be transmitted28
to the secretary of the Department of Natural Resources and the commissioner of29
conservation.30 HLS 14RS-3327 REENGROSSED
HCR NO. 143
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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)]
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 interstate and
intrastate hazardous liquid and natural gas pipelines inadequately covered 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.
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.
House Floor Amendments to the engrossed bill.
1. Removes from the assessment and evaluation pipelines that are inadequately
marked or protected.
2. Removes references to recreational and commercial maritime navigation.
3. Makes technical corrections.