HLS 15RS-858 ORIGINAL 2015 Regular Session HOUSE BILL NO. 784 BY REPRESENTATIVE DOVE CONSERVATION/OFFICE: Provides for certain fees collected by the office of conservation 1 AN ACT 2To amend and reenact R.S. 30:21(B)(1), 136.1(D), 560(B), and 706, relative to fees 3 collected by the commissioner of conservation; to provide for fees for activities 4 regulated by the office of conservation; to provide for application, compliance, and 5 pipeline fees; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 30:21(B)(1), 136.1(D), 560(B), and 706 are hereby amended and 8reenacted to read as follows: 9 §21. Fees and charges of the commissioner of conservation; revisions; exceptions; 10 collections; Oil and Gas Regulatory Fund; creation; amounts; requirements 11 * * * 12 B.(1)(a) There shall be an annual fee payable to the office of conservation, 13 in a form and schedule prescribed by the office of conservation, by oil and gas 14 operators on capable oil wells and capable gas wells based on a tiered system to 15 establish parity on a dollar amount between the wells. The tiered system shall be 16 established annually by rule on capable oil and capable gas production, including 17 nonexempt wells reporting zero production during the annual base period, such that 18 the amount generated does not exceed two six million four one hundred fifty twenty- 19 five thousand dollars for each fiscal year beginning with Fiscal Year 2002-2003 Page 1 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-858 ORIGINAL HB NO. 784 1 2015-2016. Incapable oil, stripper oil, incapable gas well gas, and incapable oil well 2 gas shall be exempt from the fee. For the purposes of this Subsection, "capable oil" 3 means crude oil and condensate not classified as incapable oil or stripper oil by the 4 Department of Revenue. "Capable gas" means natural and casing head gas not 5 classified as incapable gas well gas or incapable oil well gas by the Department of 6 Revenue. 7 (b) There shall be an annual fee payable to the office of conservation, in a 8 form and schedule prescribed by the office of conservation, on Class I wells in an 9 amount not to exceed four hundred thousand one million dollars for Fiscal Year 10 2000-2001 2015-2016 and thereafter. 11 (c) There shall be an annual regulatory fee payable to the office of 12 conservation, in a form and schedule prescribed by the office of conservation, on 13 Class II wells, Class III wells, storage wells, Type A facilities, and Type B facilities 14 in an amount not to exceed eight two million one hundred seventy-five eighty-seven 15 thousand five hundred dollars for Fiscal Year 2000-2001 2015-2016 and thereafter. 16 No fee shall be imposed on a Class II well of an operator who is also an operator of 17 a stripper crude oil well or incapable gas well certified pursuant to R.S. 47:633 by 18 the severance tax division of the Department of Revenue and located in the same 19 field as such Class II well. 20 (d) There shall be an application fee payable to the office of conservation, 21 in a form and schedule prescribed by the office of conservation, by industries under 22 the jurisdiction of the office of conservation. The commissioner may, in accordance 23 with the Administrative Procedure Act, increase any application In addition to any 24 other fee that is on the schedule on July 1, 2002 2015, to an amount not in excess of 25 eight and one-half percent above the amount charged for the fee on July 1, 2002. the 26 commissioner may collect the following fees: 27 (i) Application for alternate unit well, exception $504 28 to 29-E, exception to 29-B, severance tax relief, 29 downhole combinations, well product Page 2 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-858 ORIGINAL HB NO. 784 1 reclassification, selective completion, pilot 2 projects, waiver of production test, or critical 3 date order 4 (ii) Application for work permit - minerals$75 5 (iii) Application to amend permit to drill - minerals$50 6 (lease unit well, stripper, incapable, other) 7 (iv) Operator registration $105 8 (v) Annual compliance review fee - class III $2,000 9 solution mining cavern 10 (vi) Annual compliance review fee - class II $2,000 11 hydrocarbon storage and exploration and 12 production waste cavern 13 (vii) Class II carbon dioxide enhanced $5,000 14 recovery project 15 (viii) Community saltwater disposal system initial$125 16 notification 17 (ix) Application for work permit - injection or other$125 18 (x) Work permit to plug and abandon a well utilized $500 19 for naturally occurring radioactive waste disposal 20 (xi) Requests to modify well permit $300 21 (xii) Class V permit waiver or exemption request $250 22 (xiii) Witnessed verification of mechanical $250 23 integrity tests 24 (xiv) Transfer stations regulatory fee for exploration$2,500 25 and production waste 26 (xv) Request to transport exploration and $150 27 production waste to commercial facilities 28 or transfer stations Page 3 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-858 ORIGINAL HB NO. 784 1 (xvi) Authorization for after-hours disposal $150 2 of exploration and production waste 3 (xvii) Exploration and production waste $300 4 determination 5 (xviii) Commercial facility transfer station application$1,500 6 (xix) Commercial facility application exclusive $3,000 7 of an associated well 8 (xx) Commercial facility annual closure plan and$300 9 cost estimate review 10 (xxi) Commercial facility reuse material applications$300 11 (xxii) Reuse material applications not associated with$400 12 a commercial facility 13 * * * 14 §136.1. Proceeds from mineral royalties, leases, and bonuses; payment into the 15 Bond Security and Redemption Fund; payment into the Louisiana Investment 16 Fund for Enhancement (L.I.F.E.) 17 * * * 18 D. After deposit to the Bond Security and Redemption Fund as required 19 under the provisions of Article VII, Section 9(B) of the Constitution of Louisiana, 20 an additional fifteen dollars per acre shall be collected from the mineral lessees and 21 deposited into the Louisiana Wildlife and Fisheries Conservation Fund, and an 22 additional five fifteen dollars per acre shall be collected from the mineral lessees and 23 deposited into the Oil and Gas Regulatory Fund created by R.S. 30:21. The funds 24 deposited under the provisions of this Subsection shall be used to supplement funds 25 available to the recipient agencies and shall not be used to supplant other funds 26 available to those recipient agencies. 27 * * * 28 §560. Pipeline safety inspection fees 29 * * * Page 4 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-858 ORIGINAL HB NO. 784 1 B. There is hereby imposed upon all distributors of jurisdictional gas which 2 own and operate any jurisdictional gas distribution system which comes under the 3 supervision of the assistant secretary pursuant to R.S. 30:551(B) an annual safety and 4 odorization inspection fee not to exceed twenty-two thirty-nine dollars and forty 5 twenty cents per mile of pipeline used in a jurisdictional gas distribution system, or 6 four eight hundred dollars per pipeline facility, whichever is greater. The 7 commissioner shall annually review the fee amount and may revise it in accordance 8 with the Administrative Procedure Act. 9 * * * 10 §706. Fees 11 In order to implement this Part, every person engaged in the transportation 12 of hazardous liquids or who owns or operates intrastate pipeline facilities for the 13 transportation of hazardous liquids shall be assessed an annual fee which shall not 14 exceed twenty-two thirty-nine dollars and forty twenty cents for each mile or fraction 15 thereof of pipeline operated or four eight hundred dollars per pipeline facility, 16 whichever is greater. The commissioner shall annually review the fee amount and 17 may revise it not to exceed twenty-two thirty-nine dollars and forty twenty cents per 18 mile in accordance with the Administrative Procedure Act. All fees collected by the 19 commissioner shall be reasonably related to the services provided and shall be used 20 by the office of conservation solely for the purposes of that program. 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 784 Original 2015 Regular Session Dove Abstract: Increases existing fees and fee caps and creates new fees collected by the office of conservation. Present law authorizes the office of conservation in the Dept. of Natural Resources to collect annual fees from operators of capable oil and gas wells based on a tiered system and on injection wells and facilities. Proposed law increases the caps on these annual fees beginning Fiscal Year 2015-2016 as follows: Page 5 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-858 ORIGINAL HB NO. 784 Present Fee Proposed Fee Capable oil and gas wells$2,450,000 $6,125,000 Class I wells $ 400,000 $1,000,000 Class II, III, and storage $ 875,000 $2,187,500 wells and type A and B facilities Present law requires from the revenue collected from mineral leases on state-owned land, $15 per acre be deposited into the La. Wildlife Conservation Fund and $5 into the Oil and Gas Regulatory Fund. Proposed law changes present law by increasing the amount deposited into the Oil and Gas Regulatory Fund from $5 to $15. Present law levies fees for safety inspections on transporters of gas by pipeline and a fee on transporters of hazardous liquids by pipeline in an amount not to exceed $22.40 per mile or $400 per pipeline facility, whichever is greater. Proposed law increases the fee on both types of pipelines from the greater of $22.40 per mile or $400 per pipeline facility to the greater of $39.20 or $800 per pipeline facility. Present law authorizes the office of conservation to collect application fees in a form and schedule prescribed by the office and authorizes the increase of those fees, through the Administrative Procedure Act, not to exceed 8½% of the fees charged on July 1, 2002. Proposed law changes present law by authorizing, in addition to the fees charges on July 1, 2015, collecting the following fees: Application for alternate unit well, exception $504 to 29-E, exception to 29-B, severance tax relief, downhole combinations, well product reclassification, selective completion, pilot projects, waiver of production test, or critical date order Application for work permit - minerals $75 Application to amend permit to drill - minerals $50 (lease unit well, stripper, incapable, other) Operator registration $105 Annual compliance review fee - class III $2,000 solution mining cavern Annual compliance review fee - class II $2,000 hydrocarbon storage and exploration and production waste cavern Class III carbon dioxide enhanced $5,000 recovery project Community saltwater disposal system initial $125 notification Application for work permit - injection or other $125 Work permit to plug & abandon a well utilized $500 for naturally occurring radioactive waste disposal Requests to modify well permit $300 Class V permit waiver or exemption request $250 Witnessed verification of mechanical $250 integrity tests Page 6 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-858 ORIGINAL HB NO. 784 Transfer stations regulatory fee for exploration $2,500 and production waste Request to transport exploration andproduction $150 waste to commercial facilities or transfer stations Authorization for after-hours disposal $150 of exploration and production waste Exploration and production waste $300 determination Commercial facility transfer station application $1,500 Commercial facility application exclusive $3,000 of an associated well Commercial facility annual closure plan and $300 cost estimate review Commercial facility reuse material applications $300 Reuse material applications not associated with $400 a commercial facility (Amends R.S. 30:21(B)(1), 136.1(D), 560(B), and 706) Page 7 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions.