ENROLLED
ACT No. 16
2024 Third Extraordinary Session
HOUSE BILL NO. 23
BY REPRESENTATIVES GEYMANN AND ROMERO AND SENATOR HENSGENS
1 AN ACT
2 To amend and reenact R.S. 30:81(B), 83(Section heading), (A), and (B), 83.1(A)(1) and (2),
3 (B), and (C), 84(A)(7), 85(A)(4), 86(A)(2), (B), (E)(introductory paragraph), (1), (2),
4 and (5) through (7), (G), and (H), 87(A), (B), and (F)(1), 88(B) and (C), 88.1(C) and
5 (D), 88.2(C), 89(C)(3), 90(Section heading), (A) through (C), and (E)(introductory
6 paragraph) and (5), 91(B)(2)(c), and 95, to enact R.S. 30:82(16), and to repeal R.S.
7 30:82(3), 83(C) through (I), and 86(C), relative to oilfield site restoration; to provide
8 for the use and administration of the Oilfield Site Restoration Fund; to repeal the
9 Oilfield Site Restoration Commission; to authorize the Natural Resources Trust
10 Authority to administer the fund with the oversight of the State Mineral and Energy
11 Board; to transfer functions of the commission to the trust authority; to provide
12 definitions; to provide for the administration of federal funds for oilfield site
13 restoration and plugging of orphan wells; to provide for the authority to execute
14 financial agreements and instruments; to provide for the calculation and collection
15 of oilfield site restoration fees; to increase oilfield site restoration fees; to provide an
16 effective date; and to provide for related matters.
17 Be it enacted by the Legislature of Louisiana:
18 Section 1. R.S. 30:81(B), 83(Section heading), (A), and (B), 83.1(A)(1) and (2), (B),
19 and (C), 84(A)(7), 85(A)(4), 86(A)(2), (B), (E)(introductory paragraph), (1), (2), and (5)
20 through (7), (G), and (H), 87(A), (B), and (F)(1), 88(B) and (C), 88.1(C) and (D), 88.2(C),
21 89(C)(3), 90(Section heading), (A) through (C), and (E)(introductory paragraph) and (5),
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1 91(B)(2)(c), and 95 are hereby amended and reenacted and R.S. 30:82(16) is hereby enacted
2 to read as follows:
3 §81. Policy and purpose
4 * * *
5 B. It is in the public interest and within the police power of this state to
6 establish an oilfield site restoration commission and an oilfield site restoration fund
7 to provide for the proper and timely cleanup, closure, and restoration of oilfield sites,
8 to be administered by the assistant secretary of the office of conservation within the
9 Department of Energy and Natural Resources.
10 * * *
11 §82. Definitions
12 As used in this Part, the following terms shall have the meanings ascribed to
13 them in this Section, unless the context or use clearly indicates otherwise:
14 * * *
15 (16) "Trust authority" means the Natural Resources Trust Authority
16 established pursuant to R.S. 36:356.1.
17 §83. Oilfield Site Restoration Commission site restoration; administration by the
18 Department of Energy and Natural Resources
19 A. The Oilfield Site Restoration Commission is hereby created within the
20 office of the secretary of the Department of Energy and Natural Resources. The
21 commission shall have the power to sue and be sued and shall be domiciled in the
22 parish of East Baton Rouge. Venue for any suit brought by or against the
23 commission shall be in the Nineteenth Judicial District Court. The Natural
24 Resources Trust Authority, under the direction of the secretary and subject to
25 oversight by the State Mineral and Energy Board pursuant to R.S. 36:356.1, is
26 authorized to perform the following functions related to oilfield site restoration:
27 (1) Approve and evaluate a priority list for site restoration annually.
28 (2) Pledge the revenues available to fund authorized purposes and to secure
29 the issuance of bonds to fund such purposes provided in R.S. 30:83.1, provided that
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1 annual debt service shall not be in excess of fifty percent of the pledged revenues
2 estimated to be received in the calendar year the bonds are issued.
3 (3) Approve lists of contractors acceptable to conduct site assessment and
4 site restoration.
5 (4) Approve a cooperative endeavor agreement between the trust authority
6 and an organization seeking to assist with plugging orphaned wells in order to
7 alleviate the burden on operators in meeting financial security requirements.
8 (5) Review administration of site restoration activities and review the
9 adequacy of site restoration assessments and reopen the funding needs and
10 arrangements for site-specific trust accounts every four years. However, unless the
11 oilfield site is transferred from one party to another after the adoption of a standard
12 for evaluation, site-specific trust accounts established prior to the adoption of a
13 standard for evaluation by the Department of Energy and Natural Resources, office
14 of conservation shall not be reassessed if the operator of record provides to the office
15 on an annual basis, utilizing the methodology in use at the time that the site-specific
16 trust account was established, proof that the security is adequate to ensure proper
17 closure of the wells upon completion of activity.
18 (6) Provide general administration and management of the Oilfield Site
19 Restoration Fund, funds collected from financial security instruments previously tied
20 to a specific well or wells that have since been plugged or are otherwise not tied to
21 a specific well or wells, and all site-specific trust accounts.
22 (7) Perform any function authorized by this Part or which is consistent with
23 its purpose and not otherwise assigned by this Part to the secretary or assistant
24 secretary.
25 B. The commission shall consist of ten members comprised as follows:
26 (1) The secretary of the Department of Energy and Natural Resources, who
27 shall serve as the chairman, and the assistant secretary, who shall serve as vice
28 chairman. The undersecretary of the department may serve as a proxy member of
29 the board in the absence of the secretary with full authority to act for the secretary
30 as a member of the board.
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1 (2) One person appointed by the governor, who shall serve at the pleasure
2 of the governor.
3 (3) One person appointed by the governor from a list of three persons
4 submitted by the Louisiana Mid-Continent Oil and Gas Association for an initial
5 term of four years.
6 (4) One person appointed by the governor from a list of three persons
7 submitted by the Louisiana Mid-Continent Oil and Gas Association for an initial
8 term of two years.
9 (5) One person appointed by the governor from a list of three persons
10 submitted by the Louisiana Independent Oil and Gas Association who shall serve an
11 initial term of four years.
12 (6) One person appointed by the governor from a list of three persons
13 submitted by the Louisiana Independent Oil and Gas Association who shall serve an
14 initial term of two years.
15 (7) One person appointed by the governor from a list of three persons
16 submitted by the Louisiana Landowners Association who shall serve an initial term
17 of three years.
18 (8) One person appointed by the governor from a list of three persons
19 submitted by representatives of the Louisiana division of the Sierra Club, the
20 Louisiana Wildlife Federation, and the Louisiana division of the Audubon Society,
21 who shall serve an initial term of three years.
22 (9) One person appointed by the governor from a list of three persons
23 submitted by the Nature Conservancy for an initial term of three years.
24 (10) The assistant secretary for the office of conservation or his designee
25 shall serve as vice chairman of the commission. The assistant secretary shall not be
26 counted to determine the number needed to constitute a quorum but shall be counted
27 to establish a quorum. When the secretary is present, the assistant secretary shall not
28 be a voting member. The Department of Energy and Natural Resources shall adopt
29 rules and regulations, in accordance with the Administrative Procedure Act, to
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1 implement the provisions of this Part and to provide for procedures for site
2 assessments and restoration.
3 §83.1. Authorization of bonds
4 A.(1) An issuer is authorized to issue bonds pursuant to the provisions of
5 R.S. 9:2341 through 2347 for the benefit of the commission trust authority, at the
6 direction of the secretary, to raise funds for authorized purposes in accordance with
7 the provisions of this Section and the constitutional and statutory provisions
8 governing the issuance of bonds by such entities.
9 (2) The bonds may be secured by an irrevocable pledge and dedication of
10 revenues of the commission trust authority, at the direction of the secretary, which
11 shall consist of all monies deposited in the fund pursuant to R.S. 30:86(D), collected,
12 derived, or received from the oilfield site restoration fees and penalties imposed
13 pursuant to R.S. 30:87 or any other lawfully available revenues, if any, to the extent
14 appropriated, provided that annual debt service shall not be in excess of fifty percent
15 of the pledged revenues estimated to be received in the calendar year the bonds are
16 issued, but shall not include site-specific trust account monies as identified in R.S.
17 30:86(D)(6) and 88. The bonds of the issuer shall be revenue bonds payable solely
18 from the above-described sources, to the extent appropriated and released from the
19 state, and such pledge shall not constitute a pledge of the full faith and credit of the
20 state.
21 * * *
22 B.(1) When any bonds have been issued and secured in accordance with the
23 provisions of this Section, neither the commission trust authority, nor the
24 department, nor the state, nor any other entity may act to impair any obligation or
25 contract for the benefit of the holders of the bonds or discontinue or decrease any fee,
26 penalties, or other revenue in anticipation of the collection of which the bonds have
27 been issued until all of the bonds have been retired as to principal and interest or
28 irrevocable provision otherwise made for their complete redemption and payment
29 in principal, interest, and redemption premium, if any, and the complete payment of
30 all amounts due under the trust agreement pursuant to which the bonds are issued.
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1 (2) Any pledge of revenues for the security of the bonds shall be valid and
2 binding from the time the pledge is made and shall be subject to the lien of such
3 pledge without any physical delivery thereof or further act, and the lien of any such
4 pledge shall be valid and binding against all parties having claims of any kind in tort,
5 contract, or otherwise against the state, the department, or the commission trust
6 authority whether or not such parties have notice thereof. Any trust agreement by
7 which a pledge is created need not be filed or recorded.
8 (3) The secretary, or the undersecretary, and the Natural Resources Trust
9 Authority are is hereby authorized on behalf of the commission to execute loan,
10 reimbursement, investment, and bond purchase agreements, and all documents as
11 may be necessary or desirable to carry out the provisions of this Section and is are
12 further authorized to take any and all further actions and execute and deliver all other
13 documents as may be necessary in connection with the issuance of any bonds, notes,
14 certificates, reimbursement obligations, or other evidences of indebtedness referred
15 to in this Section. The provisions of R.S. 9:2347(J) shall not apply to bonds or any
16 contractual obligation, including the pledge of state funds, to be undertaken or
17 incurred in connection therewith.
18 (4) At the direction of the secretary, the commission trust authority is
19 authorized to create funds or accounts for the deposit of the revenues or the proceeds
20 of the bonds, including funds described above or other revenues and monies pledged
21 in connection therewith or respect thereto.
22 (5) The department and, at the direction of the secretary, the commission
23 trust authority is authorized to enter into any and all agreements or contracts, execute
24 any and all instruments, and do and perform any and all acts necessary, convenient,
25 or desirable for the issuance of the bonds or to carry out any power expressly given
26 in this Section.
27 C. Notwithstanding any provision of law to the contrary, any revenues
28 received by the commission trust authority pledged to the repayment of any bonds
29 issued in accordance with this Section may be collected and disbursed as set forth in
30 the documents providing for the issuance of the bonds or other related documents.
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1 §84. Powers of the secretary
2 A. The powers of the secretary shall include without limitation the power to
3 do the following:
4 * * *
5 (7) The secretary shall maintain all oversight, supervisory, and fiscal
6 responsibility imposed under the provisions of this Part which are not specifically
7 conferred upon the commission trust authority.
8 * * *
9 §85. Powers of the assistant secretary
10 A. The powers of the assistant secretary shall include without limitation the
11 power to do the following, subject to the supervision of the secretary:
12 * * *
13 (4) Modify funding requirements of site-specific trust accounts either upon
14 recommendation of the commission trust authority, the secretary, or upon his own
15 determination, based upon changes in operation, site conditions, or trust account
16 status.
17 * * *
18 §86. Oilfield Site Restoration Fund
19 A.
20 * * *
21 (2) Out of the funds remaining in the Bond Security and Redemption Fund,
22 after a sufficient amount is allocated from that fund to pay all the obligations secured
23 by the full faith and credit of the state that become due and payable within each fiscal
24 year, the treasurer shall pay into the Oilfield Site Restoration Fund an amount equal
25 to the revenues generated from collection of the fees provided for in Subsection D
26 of this Section. The treasurer shall also transfer into the Oilfield Site Restoration
27 Fund the amount of thirty million dollars in federal funding from the first federal
28 funds received by the state for which oilfield site restoration or plugging orphan
29 wells is an allowable use, as determined by the Joint Legislative Committee on the
30 Budget. Such funds shall constitute a special custodial trust fund which shall be
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1 administered by the secretary, who Natural Resources Trust Authority, which shall
2 make disbursements from the fund solely in accordance with the purposes and uses
3 authorized by this Part.
4 B. The funds received shall be placed in the special trust fund in the custody
5 of the state treasurer to be used only in accordance with this Part and shall not be
6 placed in the general fund. The funds provided to the commission trust authority
7 pursuant to this Section shall at all times be and remain the property of the
8 commission trust authority. The funds shall be used only for the purposes set forth
9 in this Part and for no other governmental purposes. Except for the pledge of the
10 revenues provided in R.S. 30:83.1, it is the intent of the legislature that this fund and
11 its increments shall remain intact and inviolate. Any interest or earnings of the fund
12 shall be credited only to the fund.
13 * * *
14 E. Except as otherwise provided in this Section, the monies in the fund may
15 be disbursed and expended pursuant to the authority and direction of the secretary
16 or assistant secretary the Natural Resources Trust Authority for the following
17 purposes and uses:
18 (1) Any oilfield site assessment or restoration conducted by the Department
19 of Energy and Natural Resources pursuant to this Part, and the payment of the
20 principal, interest, and legal fees, credit enhancement fees, trustee fees, and other
21 related costs of issuance or ongoing expenses in connection with issuance of bonds
22 or other debt obligations on behalf of the commission, at the direction of the
23 secretary trust authority, pursuant to R.S. 30:83.1 for the purpose of financing the
24 costs of the oilfield site assessments and restorations.
25 (2) Upon approval of the commission trust authority, the administration of
26 this Part by the department in an amount not to exceed nine hundred fifty thousand
27 dollars each fiscal year. Amounts expended pursuant to Paragraph (4) of this
28 Subsection shall not count towards the administrative expenditure limitation.
29 * * *
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1 (5) Any costs associated with response to any emergency as provided in R.S.
2 30:6.1 unless directed by the commission trust authority not to expend monies in the
3 fund pursuant to Subsection G of this Section. The department shall seek to recover
4 from the responsible party any monies disbursed and spent from the fund for any
5 emergency as defined in R.S. 30:6.1 within six months of the initial expenditure for
6 such emergency.
7 (6) Upon approval of the commission trust authority, up to five hundred
8 thousand dollars per fiscal year for the office of conservation to act alone, or in
9 conjunction with the voluntarily participating parties, for the assessment and
10 restoration of commercial oilfield waste disposal facilities used for the storage,
11 treatment, or disposal of non-hazardous oilfield waste for a fee or other
12 consideration, which were abandoned, leaving no financially responsible owner,
13 operator, or bonding company, in accordance with the plan of closure as required in
14 the permit, or if the permit did not provide a plan of closure, a plan approved by the
15 commission trust authority; however, a responsible person shall not be released from
16 his duty or liability, if any, imposed by this Section.
17 (7) Except for the costs of administration of this Part by the Department of
18 Energy and Natural Resources not exceeding the limitations set by the United States
19 Congress or administering federal agency for the federal funds appropriated or
20 granted, the monies deposited into the fund pursuant to Paragraphs (D)(9), (10), and
21 (11) of this Section shall be used only for the purposes of assessing and restoring
22 orphan oilfield sites. Notwithstanding any other requirements in this Part, the
23 monies may be expended by the secretary through a contract entered into under any
24 competitive process authorized by Title 38 or 39 of the Louisiana Revised Statutes
25 of 1950. The contract may be awarded to any qualified party whether or not the
26 party is on the approved list of contractors acceptable to conduct site assessment and
27 restoration by the commission trust authority.
28 * * *
29 G. Upon declaration of an emergency as defined in R.S. 30:6.1, the assistant
30 secretary shall notify the commission trust authority and the State Mineral and
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1 Energy Board of the declared emergency. A meeting of the commission shall be
2 held within ninety days after the emergency declaration. At such meeting, the
3 commission Upon notification, the trust authority, in consultation with the State
4 Mineral and Energy Board, may direct that no monies in the fund be disbursed or
5 spent for response activity related to the emergency declaration.
6 H. At the direction of the secretary or the Natural Resources Trust Authority,
7 federal monies dedicated pursuant to Paragraph (D)(9) or (10) of this Section shall
8 be placed into the department's federal funds account instead of the Oilfield Site
9 Restoration Fund, but such money shall otherwise be subject to the same
10 requirements applicable to money identified in Paragraph (D)(9) or (10) of this
11 Section.
12 §87. Oilfield site restoration fees
13 A. There is hereby imposed on crude petroleum produced from producing
14 wells in this state a fee on each barrel of oil and condensate as provided in this
15 Section payable upon the initial disposition of each barrel of oil and condensate. The
16 fee is in addition to any tax imposed pursuant to Title 47 of the Louisiana Revised
17 Statutes of 1950. The provisions of Chapters 17 and 18 of Subtitle II of Title 47 of
18 the Louisiana Revised Statutes of 1950 shall apply to the administration, collection,
19 and enforcement of the fee imposed in this Section, and the penalties provided by
20 that code shall apply to any person who fails to pay or report the fee. Proceeds from
21 the fee, including any penalties collected in connection with the fee, shall be
22 deposited into the Oilfield Site Restoration Fund.
23 B. There is hereby imposed on gas produced from producing wells in this
24 state a fee in the amount of three-tenths of one cent for each thousand cubic feet as
25 provided in this Section. The fee is in addition to any tax imposed pursuant to Title
26 47 of the Louisiana Revised Statutes of 1950. The provisions of the Louisiana Tax
27 Code R.S. 47:1 et seq., shall apply to the administration, collection, and enforcement
28 of the fee, and the penalties provided by that code Title shall apply to any person
29 who fails to pay or report the fee. Proceeds from the fee, including any penalties
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1 collected in connection with the fee, shall be deposited into the Oilfield Site
2 Restoration Fund.
3 * * *
4 F. The site restoration fee shall be the following:
5 (1)(a) Full rate production, which shall include all production from oil or gas
6 wells except for production from reduced rate production wells as set forth in R.S.
7 47:633(7):. For crude oil and condensate, the fee shall be based on the oil price on
8 July first of each year for the ensuing twelve months based upon the average New
9 York Mercantile Exchange Price per barrel of crude oil per month on the close of
10 business on June thirtieth for the prior twelve months. (a) The amount of the fee for
11 a well that produces crude oil and condensate shall be as follows:
12 (i) The fee shall be one and one-half two cents per barrel on crude oil and
13 condensate if the price of oil is at or below sixty dollars per barrel.
14 (ii) The fee shall be three four cents per barrel on crude oil and condensate
15 if the price of oil is above sixty dollars and at or below ninety dollars per barrel.
16 (iii) The fee shall be four and one-half six cents per barrel on crude oil and
17 condensate if the price of oil is above ninety dollars per barrel.
18 (b) For natural gas and casing head gas, the fee shall be three-tenths of one
19 cent per thousand cubic feet. as follows:
20 (i) The fee shall be three-tenths of one cent per thousand cubic feet if the
21 price of gas is at or below two dollars and fifty cents per thousand cubic feet.
22 (ii) The fee shall be four-tenths of one cent per thousand cubic feet if the
23 price of gas is above two dollars and fifty cents and at or below four dollars and fifty
24 cents per thousand cubic feet.
25 (iii) The fee shall be five-tenths of one cent per thousand cubic feet if the
26 price of gas is above four dollars and fifty cents per thousand cubic feet.
27 * * *
28 §88. Oilfield site trust accounts
29 * * *
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1 B. In the event the parties to a transfer elect to establish a site-specific trust
2 account under this Section, the assistant secretary shall require an oilfield site
3 restoration assessment to be made to determine the site restoration requirements
4 existing at the time of the transfer, or at the time the site-specific trust account is
5 established. The oilfield site restoration assessment shall be conducted by approved
6 site assessment contractors appearing on a list approved by the commission trust
7 authority or acceptable to the commission trust authority. The oilfield site
8 restoration assessment shall specifically detail site restoration needs and shall
9 provide an estimate of the site restoration costs needed to restore the oilfield site
10 based on the conditions existing at the time of transfer, or at the time the site-specific
11 trust account is established.
12 C. The party or parties to the transfer shall, based upon the site restoration
13 assessment, propose a funding schedule which will provide for the site-specific trust
14 account. The funding schedule shall consider the uniqueness of each transfer,
15 acquiring party, and oilfield site. Funding of the site-specific trust account shall
16 include some contribution to the account at the time of transfer and at least quarterly
17 payments to the account. Cash or bonds in a form and of a type acceptable to the
18 assistant secretary, or any combination thereof, may also be considered for funding.
19 The assistant secretary shall monitor each trust account to assure that it is being
20 properly funded. The funds in each trust account shall remain the property of the
21 commission trust authority.
22 * * *
23 §88.1. Oilfield site trust accounts for orphaned wells
24 * * *
25 C. Site restoration assessment. When establishing a site-specific trust
26 account under this Section, the assistant secretary shall require an oilfield site
27 restoration assessment to be made to determine the site restoration requirements
28 existing at the time the site-specific trust account is established. The oilfield site
29 restoration assessment shall be conducted by approved site assessment contractors
30 appearing on a list approved by the commission trust authority or acceptable to the
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1 commission trust authority. The oilfield site restoration assessment shall specifically
2 detail the site's restoration needs and shall provide an estimate of the restoration costs
3 needed to restore the oilfield site based on the conditions existing at the time the
4 site-specific trust account is established.
5 D. Trust account monitoring. The assistant secretary shall monitor each trust
6 account to assure that it is being properly funded. The funds in each trust account
7 shall remain the property of the commission trust authority. In the event that the
8 site-specific trust account is not funded through the payment of the severance tax due
9 the state for a period of greater than six months from the date of first production
10 following designation of the well as part of an orphaned oilfield site, the assistant
11 secretary shall require financial security in accordance with the office of
12 conservation's rules and regulations.
13 * * *
14 §88.2. Orphan well rework program
15 * * *
16 C. Trust account monitoring. The assistant secretary shall monitor each trust
17 account to assure that it is being properly funded. The funds in each trust account
18 shall remain the property of the commission trust authority. If the site-specific trust
19 account is not funded through the payment of amounts equal to the severance tax that
20 would otherwise be due the state for a period of greater than six months from the
21 date of first production following designation of the well as part of an orphaned
22 oilfield site, the assistant secretary shall require financial security in accordance with
23 this Subtitle and the rules and regulations adopted pursuant to this Subtitle including
24 the exceptions provided in R.S. 30:4(R).
25 * * *
26 §89. Non-orphan site restoration
27 * * *
28 C. For sites restored pursuant to Subsections A and B of this Section, after
29 site restoration has been completed and approved by the assistant secretary, funds
30 from the site-specific trust account will be disbursed as follows:
31 * * *
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1 (3) If the funds in the site-specific trust account are depleted prior to the
2 payment of all site restoration costs, and if the assistant secretary subsequently
3 declares that oilfield site to be an orphaned oilfield site and upon approval of the
4 commission trust authority, the Oilfield Site Restoration Fund shall contribute the
5 balance of the restoration costs for that orphaned oilfield site.
6 * * *
7 §90. Commission's Natural Resources Trust Authority annual report to the
8 legislature
9 A. The commission trust authority shall submit to the Senate Committee on
10 Natural Resources, the House Committee on Natural Resources and Environment,
11 and the Senate Committee on Environmental Quality before March first an annual
12 report that reviews the extent to which the fund has enabled the commission trust
13 authority to better protect the environment and enhance the income of the Oilfield
14 Site Restoration Fund.
15 B. The commission trust authority shall generate a three-year plan which
16 comprehensively addresses a balanced restoration of all oilfield sites in the state.
17 The three-year plan shall include an inventory of all wells by classification, a
18 timetable for implementation and completion of site restoration activities and set
19 forth other goals and objectives of the commission trust authority. The commission
20 trust authority will annually review the status of its three-year plan and shall generate
21 successive three-year plans as needed.
22 C. The assistant secretary shall furnish the commission trust authority with
23 semiannual reports that review the efforts of the assistant secretary to assure proper
24 and timely cleanup, closure, and restoration of oilfield sites.
25 * * *
26 E. The commission's trust authority's annual report to the legislature shall
27 include:
28 * * *
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1 (5) A report on the progress of the commission's trust authority's three-year
2 plan.
3 * * *
4 §91. Orphaned oilfield sites
5 * * *
6 B.
7 * * *
8 (2)
9 * * *
10 (c) In the event that a lienholder is not properly notified as provided in this
11 Paragraph, any claim by the holder or holders against the commission trust authority,
12 Department of Energy and Natural Resources, office of conservation, or the
13 contractors for the value of the salvaged property shall be limited to the actual cash
14 value of the salvaged property at the time of salvage.
15 * * *
16 §95. No inference of liability on the part of the state
17 A. Nothing in this Part shall establish or create any liability or responsibility
18 on the part of the commission trust authority or the state of Louisiana to pay any
19 costs associated with site restoration from any sources other than the fund created by
20 R.S. 30:86 or the funds established in connection with the issuance of bonds on
21 behalf of the commission trust authority, at the direction of the secretary, pursuant
22 to R.S. 30:83.1 nor shall the commission trust authority or the state of Louisiana
23 have any liability or responsibility to make any payments for costs associated with
24 site restoration if the trust created herein is insufficient to do so.
25 B. The secretary, assistant secretary, the commission trust authority, or their
26 agents, on proper identification, may enter the land of another for purposes of site
27 assessment or restoration.
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1 C. The commission trust authority, the secretary, and the assistant secretary,
2 and their agents, are not liable for any damages arising from an act or omission if the
3 act or omission is part of a good faith effort to carry out the purpose of this Part.
4 D. No party contracting with the Department of Energy and Natural
5 Resources, office of conservation, or the commission trust authority under the
6 provisions of this Part shall be deemed to be a public employee or an employee
7 otherwise subject to the provisions of Parts I through IV of Chapter 15 of Title 42 of
8 the Louisiana Revised Statutes of 1950.
9 Section 2. R.S. 30:82(3), 83(C) through (I), and 86(C) are hereby repealed in their
10 entirety.
11 Section 3. The Louisiana State Law Institute is hereby authorized and directed to
12 alphabetize and renumber the definitions contained in R.S. 30:82 and to correct any cross-
13 references to the renumbered paragraphs if necessary, consistent with the provisions of this
14 Act.
15 Section 4. This Act shall become effective July 1, 2025.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.