Louisiana 2014 Regular Session

Louisiana Senate Bill SB197 Latest Draft

Bill / Introduced Version

                            SLS 14RS-123	ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 197
BY SENATOR ALLAIN 
MINERALS. Provides relative to oilfield sites and exploration or production sites. (8/1/14)
AN ACT1
To amend and reenact R.S. 30:29(B)(1) and (7)(b) and (I)(1) and (5), relative to the2
remediation of oilfield sites and exploration and production sites; to provide relative3
to certain procedures; to provide for notice requirements; to provide for definitions,4
terms, admissions, conditions, and effects; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:29(B)(1) and (7)(b) and (I)(1) and (5) are hereby amended and7
reenacted to read as follows: 8
ยง29. Remediation of oilfield sites and exploration and production sites9
*          *          *10
B.(1) Notwithstanding any law to the contrary, immediately upon the filing11
or amendment of any litigation or pleading making a judicial demand arising from12
or alleging environmental damage, the provisions of this Section shall apply and the13
party filing same shall provide timely notice to the state of Louisiana through the14
Department of Natural Resources, commissioner of conservation and the attorney15
general. The litigation shall be stayed with respect to any such judicial demand until16
thirty days after such notice is issued and return receipt or verification of receipt17 SB NO. 197
SLS 14RS-123	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
is filed with the court.1
*          *          *2
(7)	*          *          *3
(b) The party issuing the notice of intent to investigate shall mail by certified4
mail return receipt requested or commercial delivery service with verification of5
receipt to all persons identified in the notice a copy of the notice.6
*          *          *7
I. For the purposes of this Section, the following terms shall have the8
following meanings:9
(1) "Environmental damage" shall mean any actual or potential impact,10
damage, or injury to environmental media caused by contamination resulting from11
activities associated with oilfield sites or exploration and production (E&P) sites.12
Environmental media shall include but not be limited to soil, surface water, ground13
water, or sediment.14
*          *          *15
(5) "Timely notice" means written notice sent by certified mail, return receipt16
requested, or commercial delivery service with verification of receipt. Such notice17
shall include a copy of the petition and any other filing in such litigation.18
*          *          *19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Allain (SB 197)
Present law provides that timely notice may be accomplished by certified mail, return receipt
requested.
Proposed law adds another method of timely notice by commercial delivery service with
verification of receipt.
Effective August 1, 2014.
(Amends R.S. 30:29(B)(1) and (7)(b) and (I)(1) and (5))