ENROLLED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 143
BY REPRESENTATIVES STOKES, BILLIOT, AND LEOPOLD
A CONCURRENT RESOLUTI ON
To urge and request the commissioner of conservation and the secretary of the Department
of Natural Resources to conduct a comprehensive assessment and evaluation of
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.
WHEREAS, the coastal zone of Louisiana supports numerous natural and economic
resources, including nationally important energy and maritime infrastructure and resources;
and
WHEREAS, there are many pipeline segments that transport natural gas, other types
of gas, and hazardous liquids, including petroleum, petroleum products, and anhydrous
ammonia, that traverse the many waterways within the coastal zone and are no longer
adequately covered or no longer buried as originally designed or as permitted; and
WHEREAS, the coastal zone of Louisiana has experienced land loss; and
WHEREAS, many pipeline segments currently in operation in the coastal zone were
initially installed, designed, and permitted to be constructed on land within the coastal zone
and, due to coastal erosion, are now beneath water; and
WHEREAS, in accordance with R.S. 30:4, 501 et seq., and 701 et seq., and the rules
and regulations promulgated pursuant thereto, the commissioner of conservation is primarily
responsible for the regulation of intrastate pipelines and pipeline safety in Louisiana; and
WHEREAS, in accordance with the State and Local Coastal Resources Management
Act of 1978, R.S. 49:214.21 et seq., and the rules and regulations promulgated pursuant
thereto, the secretary of the Department of Natural Resources through the coastal use
permitting program has authority to regulate certain uses in the coastal zone, including uses
which may lead to coastal impacts associated with the installation and operation of a
pipeline; and ENROLLEDHCR NO. 143
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WHEREAS, the risks posed by pipelines in the coastal zone that are inadequately
covered and no longer buried as originally designed or permitted, are significant and an
immediate comprehensive assessment and evaluation is necessary to assist the legislature
in determining what actions are necessary.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the commissioner of conservation and the secretary of the Department of
Natural Resources to conduct a comprehensive assessment and evaluation of 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.
BE IT FURTHER RESOLVED that this comprehensive assessment and evaluation
of interstate and intrastate pipelines transporting hazardous liquids, including carbon
dioxide, as provided for in 49 CFR Part 195 and R.S. 30:701 et seq., and natural gas as
provided for in 40 CFR Parts 191 and 192 and R.S. 30:501 et seq., include the following:
A. An inventory of all such pipeline segments in the coastal zone, the range of the
depth of water where each pipeline segment is located taking into consideration high and low
tides, the current depth of burial, and the consistency of the material covering the pipeline.
To the extent necessary, the commissioner of conservation should request and, to the extent
authorized, require pipeline owners and operators to provide such information.
B. An assessment and evaluation of the currently required depths of cover over
pipelines to determine if such depths of cover, considering the material used for cover, are
adequate.
C. An assessment and evaluation of the statutory and regulatory requirements for the
following:
(1) Permitting, inspections, and maintenance of pipelines to ensure they remain
safely covered.
(2) Notice to the appropriate regulatory agencies of conditions that may present a
hazard.
(3) Signage for pipelines that traverse waterways within the coastal zone.
(4) Marking any pipelines determined to have insufficient cover. ENROLLEDHCR NO. 143
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D. An assessment and evaluation of the adequacy of statutory and regulatory
authorities of the commissioner of conservation and the secretary of the Department of
Natural Resources to conduct inspections, obtain records, and take appropriate enforcement
action to compel compliance with the statutory and regulatory requirements.
E. An assessment and evaluation of the adequacy of funding of the programs related
to pipeline safety.
F. Recommendations to abate or mitigate hazards posed by inadequately covered,
marked, or protected pipelines.
BE IT FURTHER RESOLVED that the commissioner of conservation and the
secretary of the Department of Natural Resources 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.
BE IT FURTHER RESOLVED that all state agencies are hereby authorized and
encouraged to assist, as requested by the commissioner or the secretary, in conducting the
comprehensive assessment and evaluation, specifically including the attorney general to
evaluate and assess the legal and regulatory authorities of the commissioner, the secretary,
and other relevant state and federal agencies.
BE IT FURTHER RESOLVED that the comprehensive assessment and evaluation
report and recommendations for any necessary statutory rule, regulation, or policy changes
be submitted to the House Committee on Natural Resources and Environment and the Senate
Committee on Natural Resources no later than March 1, 2015.
BE IT FURTHER RESOLVED that suitable copies of this Resolution be transmitted
to the secretary of the Department of Natural Resources and the commissioner of
conservation.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE