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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 209
BY SENATOR WARD
AN ACT1
To amend and reenact R.S. 30:4(M)(6)(b) and to enact R.S. 30:4(M)(6)(c), relative to certain2
permits for solution mining injection wells and solution mined caverns; to provide3
for certain permit requirements; to require compensation to property owners whose4
property lies in an area under a mandatory or forced evacuation; to provide terms,5
conditions, and requirements; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:4(M)(6)(b) is hereby amended and reenacted and R.S.8
30:4(M)(6)(c) is hereby enacted to read as follows:9
ยง4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations10
* * *11
M. The commissioner shall make, after notice and hearing as provided in this12
Chapter, any reasonable rules, regulations, and orders that are necessary to control13
the drilling, operating, and plugging of solution mining injection wells, the14
permitting of such wells, and the resulting solution mined cavern. Such rules and15
regulations shall be adopted pursuant to the Administrative Procedure Act and shall16
provide for, but not be limited to the following:17
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(6) Permit requirements that include the following:19
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(b) Reimbursement to the state or any political subdivision of the state for21
reasonable and extraordinary costs incurred in responding to or mitigating a disaster22
or emergency due to a violation of this Subsection or any rule, regulation, or order23
promulgated or issued pursuant to this Subsection. Such costs shall be subject to24
approval by the director of the Governor's Office of Homeland Security and25
Emergency Preparedness prior to being submitted to the permitee for reimbursement.26
ACT No. 691 SB NO. 209 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Such payments shall not be construed as an admission of responsibility or liability1
for the emergency or disaster. The Department of Natural Resources, office of2
conservation, is hereby authorized to adopt rules and regulations in accordance3
with the Administrative Procedure Act to collect reimbursement under this4
Section.5
(c) Reimbursement to any person who owns noncommercial residential6
immovable property located within an area under a mandatory or forced7
evacuation pursuant to R.S. 29:721 et seq. for a period of more than one8
hundred and eighty days, without interruption due to a violation of this9
Subsection, or any rule, regulation, or order promulgated or issued pursuant10
to this Subsection. The offer for reimbursement shall be for the replacement11
value of the property based on an appraisal by a qualified professional. The12
replacement value of the property shall be calculated based on the estimated13
value of the property prior to the time of the incident resulting in the14
declaration of the disaster or emergency. The reimbursement shall be made to15
the property owner within thirty days after notice by the property owner to the16
permittee indicating acceptance of the offer and showing proof of continuous17
ownership prior to and during an evacuation lasting more than one hundred18
and eighty days, provided that the offer for reimbursement is accepted within19
thirty days of receipt, and transfers the immovable property free and clear of20
any liens, mortgages, or other encumbrances to the permittee.21
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: