HLS 15RS-1252 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 400
BY REPRESENTATIVE SCHEXNAYDER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONSERVATION/COMMISSR: Authorizes the commissioner of conservation to regulate
liquified natural gas facilities in the state
1 AN ACT
2To amend and reenact R.S. 30:551(B) and 703 and to enact R.S. 30:4(P) and 551(C) and
3 (D), relative to the powers and duties of the commissioner of conservation; to
4 authorize the commissioner to regulate liquefied natural gas facilities in the state;
5 and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 30:551(B) and 703 are hereby amended and reenacted and R.S.
830:4(P) and 551(C) and (D) are hereby enacted to read as follows:
9 §4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations
10 * * *
11 P. The commissioner of conservation has the authority to promulgate rules
12 and regulations under the Administrative Procedure Act to regulate the location,
13 construction, operation, and maintenance of a liquefied natural gas facility within the
14 state.
15 * * *
16 §551. Regulatory designation
17 * * *
18 B. Notwithstanding the provisions of Subsection A of this Section, the
19 assistant secretary shall be the authority to regulate all public and private natural gas
20 distribution systems with respect to natural gas pipeline safety, except where
21 prohibited by federal laws persons engaged in the transportation of gas or who own
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HB NO. 400
1 or operate intrastate pipeline facilities for the transportation of gas. The assistant
2 secretary shall establish by regulation minimum safety standards for pipeline
3 facilities and the transportation of gas and those regulations shall be consistent with
4 the rules and regulations authorized by 49 U.S.C.A. Section 60101 et seq .
5 C. The assistant secretary, as permitted by 49 U.S.C.A. Section 1674 60105,
6 may certify annually to the United States secretary of transportation Department of
7 Transportation that the state, through the office of conservation, has regulatory
8 jurisdiction over the safety standards and practices of intrastate pipeline
9 transportation pipelines and liquefied natural gas facilities not otherwise regulated
10 by the Federal Energy Regulatory Commission and the transportation of gas and
11 liquefied natural gas associated with those facilities.
12 D. Except as provided in 49 U.S.C.A. Section 60104(C), nothing in this
13 Section authorizes the assistant secretary to adopt or enforce safety standards for
14 interstate gas pipeline facilities or the transportation of gas associated with those
15 facilities.
16 * * *
17 §703. Regulatory designation
18 A. The assistant secretary shall be the authority to regulate persons engaged
19 in the transportation of hazardous liquids or who own or operate intrastate pipeline
20 facilities for the transportation of hazardous liquids. The assistant secretary shall
21 establish by regulation minimum safety standards for pipeline facilities and the
22 transportation of hazardous liquids and shall be consistent with those rules and
23 regulations authorized by 49 U.S.C.A. Section 2001 60101 et seq.
24 B. The assistant secretary, as permitted by 49 U.S.C.A. Section 2004 60101,
25 et seq., may certify annually to the secretary of the United States Department of
26 Transportation that the state, through the office of conservation, has regulatory
27 jurisdiction over the safety standards and practice of intrastate pipeline facilities and
28 the transportation of hazardous liquids associated with those facilities. The assistant
29 secretary, as permitted by 49 U.S.C.A. Section 2001 60101 et seq., may enter into
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HB NO. 400
1 an agency relationship with the United States Department of Transportation to
2 enforce compliance with safety standards with respect to interstate pipeline facilities
3 or the transportation of hazardous liquids associated with those facilities.
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)]
HB 400 Engrossed 2015 Regular Session Schexnayder
Abstract: Authorizes the commissioner of conservation to regulate liquified natural gas
facilities in the state.
Proposed law authorizes the commissioner of conservation to promulgate rules for the
regulation of the location, construction, operation, and maintenance of a liquefied natural gas
facility within the state.
Present law provides that the commissioner of conservation has the authority to regulate all
public and private natural gas distribution systems for safety purposes except where
prohibited by federal law. Proposed law authorizes the commissioner to regulate people
engaged in the transportation of gas or those who own or operate intrastate pipelines and
requires state regulations to be consistent with federal rules and regulations.
Present law authorizes the commissioner of conservation to certify to the U.S. secretary of
transportation that the state has regulatory jurisdiction over the safety standards of intrastate
pipelines. Proposed law authorizes the commissioner to certify to the U.S. Dept. of
Transportation that the state has jurisdiction over the safety standards and practices of
intrastate pipelines and liquified natural gas facilities and the transportation of gas and
liquified natural gas associated with those facilities.
Proposed law specifically provides that, except as provided in federal law, the commissioner
does not have authority to regulate safety standards for interstate gas pipelines or the
transportation of gas through those pipelines.
(Amends R.S. 30:551(B) and 703; Adds R.S. 30:4(P) and 551(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Update regulatory citations references in the Code of Federal Regulations.
2. Authorize the commissioner to regulate the people who transport gas or those
who own or operate intrastate pipelines and require state regulations to be
consistent with federal rules and regulations.
3. Authorize the commissioner to certify to the U.S. Dept. of Transportation that the
state has jurisdiction over the safety standards and practices of intrastate
pipelines and liquified natural gas facilities and the transportation of gas and
liquified natural gas associated with those facilities.
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HB NO. 400
4. Provide that the commissioner does not have authority to regulate safety
standards for interstate gas pipelines or the transportation of gas, except as
provided in federal law.
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