2006 Louisiana Laws - RS 30:83 — Oilfield site restoration commission; department of natural resources

§83.  Oilfield Site Restoration Commission; Department of Natural Resources

A.  The Oilfield Site Restoration Commission is hereby created within the office of the secretary of the Department of Natural Resources.  The commission shall have the power to sue and be sued and shall be domiciled in the parish of East Baton Rouge.  Venue for any suit brought by or against the commission shall be in the Nineteenth Judicial District Court.

B.  The commission shall consist of ten members comprised as follows:

(1)  The secretary of the Department of Natural Resources, who shall serve as the chairman and the assistant secretary, who shall serve as vice chairman.  The undersecretary of the department may serve as a proxy member of the board in the absence of the secretary with full authority to act for the secretary as a member of the board.

(2)  One person appointed by the governor, who shall serve at the pleasure of the governor.

(3)  One person appointed by the governor from a list of three persons submitted by the Louisiana Mid-Continent Oil and Gas Association for an initial term of four years.

(4)  One person appointed by the governor from a list of three persons submitted by the Louisiana Mid-Continent Oil and Gas Association for an initial term of two years.

(5)  One person appointed by the governor from a list of three persons submitted by the Louisiana Independent Oil and Gas Association who shall serve an initial term of four years.

(6)  One person appointed by the governor from a list of three persons submitted by the Louisiana Independent Oil and Gas Association who shall serve an initial term of two years.

(7)  One person appointed by the governor from a list of three persons submitted by the Louisiana Landowners Association who shall serve an initial term of three years.

(8)  One person appointed by the governor from a list of three persons submitted by representatives of the Louisiana division of the Sierra Club, the Louisiana Wildlife Federation, and the Louisiana division of the Audubon Society, who shall serve an initial term of three years.

(9)  One person appointed by the governor from a list of three persons submitted by the Nature Conservancy for an initial term of three years.

(10)  The assistant secretary for the office of conservation or his designee shall serve as vice chairman of the commission.  The assistant secretary shall not be counted to determine the number needed to constitute a quorum but shall be counted to establish a quorum.  When the secretary is present, the assistant secretary shall not be a voting member.

C.  Each person appointed by the governor shall be subject to confirmation by the Louisiana Senate.  After the initial term, each successor shall be appointed in the same manner as the initial appointments and shall serve terms of four years.

D.  A majority of the membership of the commission shall constitute a quorum for the transaction of business.  The commission shall hold regular quarterly meetings and may meet more often as its business may require.  Meetings of the commission shall take place at its domicile; however, no more than two meetings per year may be held at places in the state other than East Baton Rouge Parish.

E.  The members of the commission shall receive no compensation from the commission nor shall the members of the commission receive any reimbursement for expenses associated with attendance at the meetings of the commission.

F.  The powers of the commission shall be limited to the following:

(1)  Approve and evaluate a priority list for site restoration annually.

(2)  Repealed by Acts 1997, No. 994, §2.

(3)  Approve lists of contractors acceptable to conduct site assessment and site restoration.

(4)  Repealed by Acts 1997, No. 994, §2.

(5)  Review administration of site restoration activities and review the adequacy of site restoration assessments and reopen the funding needs and arrangements for site-specific trust accounts every four years.  However, unless the oilfield site is transferred from one party to another after the adoption of a standard for evaluation, site-specific trust accounts established prior to the adoption of a standard for evaluation by the office of conservation, Department of Natural Resources shall not be reassessed if the operator of record provides to the office on an annual basis, utilizing the methodology in use at the time the site-specific trust account was established, proof that the security is adequate to ensure proper closure of the wells upon completion of activity.

(6)  Administer and manage the Oilfield Site Restoration Fund and all site-specific trust accounts.  The commission shall delegate the power to disburse funds to the secretary pursuant to the authority granted to him herein.

(7)  Perform any function authorized by this Part or which is consistent with its purpose.

G.  The records, documents, and meetings of the commission shall be subject to the same requirements and exceptions regarding access by the public as are the records, documents, and meetings of the State Mineral Board.

H.  The Department of Natural Resources shall adopt rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Part and to provide for procedures for site assessments and restoration.

Acts 1993, No. 404, §2; Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 1997, No. 994, §§1, 2; Acts 2001, No. 15, §1; Acts 2006, No. 145, §1; Acts 2006, No. 812, §1, eff. June 30, 2006.