HLS 25RS-972 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 494
BY REPRESENTATIVE DOMANGUE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PETROLEUM/OIL-GAS: Provides for common carriers of petroleum pipelines
1 AN ACT
2To amend and reenact R.S. 45:251(1) and (3) and 255, relative to common carriers; to
3 provide for definitions; to provide for regulation of tank facilities by the Public
4 Service Commission; to provide for retroactive and prospective application; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 45:251(1) and (3) and 255 are hereby amended and reenacted to read
8as follows:
9 §251. Common carrier, petroleum, pipe line defined
10 As used in this Chapter, the following terms have the meaning ascribed to
11 them in this Section, unless the context clearly indicates otherwise:
12 (1) "Common carrier" includes all persons engaged in the transportation of
13 petroleum as public utilities and common carriers for hire; or which on proper
14 showing may be legally held a common carrier from the nature of the business
15 conducted, or from the manner in which such business is carried on; provided that
16 such transportation or other business is necessary or integral to the pipe line
17 transportation function.
18 * * *
19 (3)(a) "Pipe line" includes the following:
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HB NO. 494
1 (i) the The real estate, rights of way, pipe line, telephone and telegraph lines
2 or other communication systems, tank facilities as herein designated, necessary or
3 integral to the pipe line transportation function and necessary for the proper conduct
4 of its the subject common carrier's business as a common carrier.
5 (ii) , all All fixtures, equipment and personal property of every kind owned,
6 controlled, operated, used or managed, in connection with, or to facilitate the
7 transportation, distribution and delivery of petroleum through lines constructed of
8 pipe.
9 (b) This term shall not include the following:
10 (i) Terminal facilities consisting of smaller pipes, metering facilities, and
11 storage tanks, and truck unloading facilities.
12 (ii) Any property not necessary or integral to the pipe line transportation
13 function and necessary for the function and necessary for the proper conduct of the
14 subject common carrier's business as a common carrier.
15 (iii) Any property of an entity that does not otherwise meet the definition of
16 common carrier.
17 * * *
18 §255. Regulations of commission; petition, notice and hearing; reparations
19 The Louisiana Public Service Commission shall establish and enforce
20 reasonable rates and regulations for gathering, transporting, loading and delivering
21 petroleum, by any common carrier as defined in R.S. 45:251, and for the furnishing
22 and use of reasonable tank facilities necessary and incident to such or integral to the
23 pipe line transportation function and that may be necessary, in its capacity as a
24 common carrier only, to take care, for a reasonable time, of all petroleum transported
25 by it, excluding terminal facilities consisting of smaller pipes, metering facilities, and
26 storage tanks and truck unloading facilities, and to prescribe and enforce regulations
27 for control of these common carriers in respect to their pipe lines and receiving,
28 tanking, delivering, transferring and loading facilities. It shall exercise this power
29 upon petition by any person showing a substantial interest in the subject. No order
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HB NO. 494
1 requiring the furnishing of such facilities or establishing or prescribing rates, rules
2 and regulations shall be made, except after hearing after at least ten days and not
3 more than thirty days notice to the person owning, controlling, managing or
4 operating the pipe lines affected. If any rate shall be filed by any pipe line and a
5 complaint or petition to reduce the rate is filed by any shipper or owner of petroleum,
6 and such complaint is sustained in whole or in part, all owners and shippers of
7 petroleum, who shall have paid rates so filed by the pipe line have the right to
8 reparation or reimbursement of all excess in transportation charges above the proper
9 rate as finally determined, on all shipments made within six months prior to the date
10 of the filing of the complaint.
11 Section 2. The provisions of this Act shall be given prospective and retroactive
12application.
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 494 Original 2025 Regular Session Domangue
Abstract: Provides for the regulation of tank facilities, terminal facilities, and truck
unloading facilities as they relate to petroleum transportation.
Present law provides definitions relative to common carriers.
Proposed law amends the definitions of "common carrier" and "pipe line" to clarify that
petroleum transportation business and tank facilities must be necessary or integral to the pipe
line transportation function, and to exclude from the definition of "pipe line" certain terminal
and unloading facilities.
Present law requires the Public Service Commission to establish and enforce rates and
regulations for certain common carriers, including tank facilities and petroleum
transportation.
Proposed law specifies that the Public Service Commission is only required to regulate tank
facilities that are integral to the pipe line transportation function and not certain terminal
facilities and truck unloading facilities related to petroleum transportation.
Proposed law provides for prospective and retrospective application of proposed law.
(Amends R.S. 45:251(1) and (3) and 255)
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