2020 Regular Session ENROLLED
SENATE BILL NO. 447
BY SENATOR ALLAIN
1 AN ACT
2 To amend and reenact R.S. 30:92(C) and to enact R.S. 30:4(T) and 83(F)(4) and R.S.
3 37:2157(A)(10), relative to the powers and duties of the commissioner of
4 conservation; to provide relative to orphaned wells and certain agreements; to
5 provide terms and conditions; to provide relative to plugging of wells; to provide
6 relative to the Oilfield Site Restoration Commission; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 30:92(C) is hereby amended and reenacted and R.S. 30:4(T) and
10 83(F)(4) are hereby enacted to read as follows:
11 §4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations
12 * * *
13 T. In addition to the requirements set forth in Subsection R of this
14 Section, an organization seeking to enter into a cooperative endeavor agreement
15 with the assistant secretary to assist with plugging orphaned wells, in order to
16 alleviate the burden on operators in meeting financial security requirements,
17 shall include in the cooperative endeavor agreement a provision that allows full
18 access to their operations and financial records for the purpose of any audit
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1 conducted by the legislative auditor.
2 * * *
3 §83. Oilfield Site Restoration Commission; Department of Natural Resources
4 * * *
5 F. The powers of the commission shall be limited to the following:
6 * * *
7 (4) Approve a cooperative endeavor agreement between the
8 commissioner and an organization seeking to assist with plugging orphaned
9 wells in order to alleviate the burden on operators in meeting financial security
10 requirements.
11 * * *
12 §92. Orphan site restoration
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14 C. A contract for site assessment or site restoration shall require a cash bond,
15 performance bond, or other equivalent surety instrument approved by the assistant
16 secretary, and shall require a formal bid process. All contracts herein shall be exempt
17 from the provisions of the Public Bid Law and the Procurement Code; however,
18 before this exemption from the Public Bid Law and the Procurement Code can be
19 effective the assistant secretary shall promulgate rules in accordance with the
20 Administrative Procedure Act to set forth the procedures, which, to the extent
21 practicable, shall be in substantial compliance with the Public Bid Law and shall
22 require a formal bid process. A project which the assistant secretary has declared in
23 writing to be an emergency may employ a written and thoroughly documented
24 informal bidding procedure in which bids are solicited from at least three bidders.
25 All such contracts shall be reviewed prior to execution by the assistant secretary and
26 all informally bid contracts shall be reviewed by the secretary.
27 Section 2. R.S. 37:2157(A)(10) is hereby enacted to read as follows:
28 §2157. Exemptions
29 A. The provisions of this Part shall not apply to any of the following:
30 * * *
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1 (10) Any person bidding or performing work on any project paid for by
2 monies from the Oilfield Site Restoration Fund or Coronavirus Aid, Relief, and
3 Economic Security (CARES) Act.
4 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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words in boldface type and underscored are additions.