words in boldface type and underscored are additions.

SB NO.

379 ENROLLED (a)Theowneroroperatorofapipelineconstructedonaright-of-waygranted on state waterbottoms shall be responsible for burying the line to a depth consistent with regulations promulgated by the office of conservation department and for maintaining it at said depth to the extent feasible and practical,as determined bythe secretary, taking into account the changes wrought by natural forces.

* * * (5)Toprovidethattheofficeofconservationdepartmentshallconductsuch inspections as the secretary may deem necessary or appropriate in carrying out the provisions of this Subsection.

* * * G.TheDepartmentof Conservation and Energy, through thesecretary,shall implement the provisions of Subsections D, E, and F of this Section as to interstate pipelines insofar as those requirements may be consistent with the regulations for interstate pipelines adopted by the United States Department of Transportation.

In such event, the office department shall further implement the provisions of Subsections D, E, and F of this Section insofar as those requirements may be consistent with the regulations for interstate pipelines adopted by the United States Department of Energy.

* * * I.Thesecretaryshallmake,afternoticeandpublichearingasprovidedinthis Chapter, any reasonable rules, regulations, and orders that are necessary to control the offsite disposal at commercial facilities of drilling mud, saltwater and other related nonhazardous wastes generated bythe drilling and production of oil and gas wells.Suchregulationsshallcontainprovisionsidentifyingthewastematerialstobe regulated.

Such regulations shall at a minimum require:

* * * (2) At least thirty days prior to filing such application with the office department, the applicant shall publish a notice of intent to file the application, which notice shall contain sufficient information to identify the applicant, the proposed site at which disposal operations will occur, the nature and content of the Page 3 of 23 Coding:

Words which are struck through are deletions from existing law;

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SB NO.

379 ENROLLED waste streams to be disposed of, and the method of disposal to be used.

Such notice shallbepublishedonthreeseparatedaysintheofficialjournaloftheparishinwhich the proposed facility will be located, and in the official journal of the state, not less than one quarter of a page in size and printed in boldface type.

* * * §5.

Permission to convert gas into carbon black;

recycling gas;

unit operations * * * C.(1) Without any way modifying the authority granted to the secretary in R.S.

30:9(B) to establish a drilling unit or units for a pool and in addition to the authority conferred in Subsection B of this Section:

(a) The secretary of the office of conservation upon the application of any interested party, also is authorized and empowered to enter an order requiring the unit operation of any pool or a combination of two pools in the same field, productive of oil or gas, or both, in connection with the institution and operation of systems of pressure maintenance by the injection of gas, water, or any other extraneous substance, or in connection with any program of secondary or tertiary recovery;

and (b) The secretary of the office of conservation is further authorized and empowered to require the unit operation of a single pool in any situation where the ultimate recovery can be increased and waste and the drilling of unnecessary wells can be prevented bysuch a unit operation.

(2) In connection with such an order of unit operation, the secretary of the office of conservation shall have the right to unitize, pool, and consolidate all separately owned tracts and other property ownerships.

Any order for such a unit operation shall be issued only after notice and hearing and shall be based on all of the following findings:

* * * (6) No order of the secretaryentered pursuant hereto shall have the effect of enlarging, displacing, varying, altering, or in anywise whatsoever modifying or changing contracts in existence on the effective date of this Act August 15, 1984, Page 4 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED concerning the unitization of any pool (reservoir) or pools (reservoirs) or field (as defined in the contract) for the production of oil, gas, brine, or any combination thereof.

D.(1) In order to prevent waste and increase the ultimate recovery of oil or gas, or both, the secretaryof the office of conservation, upon the application of any interestedowner,andonlyafternoticeandapublichearing,isauthorizedtoapprove a cyclic injection project for the operation of a well by the method of enhanced recoveryknownascyclicinjection,withouttheformationofaunitunderSubsection C of this Section or under any other provisions of this Chapter.

No operator shall utilizecyclicinjectionwithoutfirstsecuringthesecretary'sapprovalpursuanttothis Subsection.

For the purposes of this Subsection, "cyclic injection"is herebydefined as a single-well process in which a production well is injected with a substance for the purpose of enhanced recovery.

After a shut-in period, the well is returned to production.

This procedure may be performed repeatedlyon one or more wells in a reservoir.

* * * §5.1.

Deep pool order;

ultra deep structure units;

application;

procedure;

allocation of costs;

rules and regulations A.

The following shall be applicable to deep pool units:

(1) In order to prevent waste and to avoid the drilling of unnecessary wells, and to encourage the development of deep oil and gas pools in Louisiana, the secretary of conservation is authorized, as provided in this Subsection, to establish a single unit to be served by one or more wells for a deep pool and to adopt a development plan for such deep unit.

* * * B.

The following shall be applicable to ultra deep structure units:

(1) In order to prevent waste and to avoid the drilling of unnecessary wells, and to encourage the development of ultra deep oil and gas structures in Louisiana, the secretary of conservation is authorized, as provided in this Subsection, to establish a single unit to be served by one or more wells for an ultra deep structure Page 5 of 23 Coding:

Words which are struck through are deletions from existing law;

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SB NO.

379 ENROLLED and to adopt a plan of development for such ultra deep structure unit.

For purposes of this statute Section, a "structure" is defined as a unique geologic feature that potentially traps hydrocarbons in one or more pools or zones.

* * * §6.1.

Declaration of emergency A.NotwithstandinganyotherprovisionofthisTitle,uponreceiptofevidence that there is an incident occurring or threatening to occur imminently at an oilfield site or other facility, structure, or pipeline under the department's jurisdiction pursuant to R.S.

30:1 et seq., which is of such magnitude as to require immediate action to prevent substantial or irreparable damage to the environment or a serious threat to life or safety based on recognized criteria, standards or industry practices, the department secretary may declare in writing that an emergency exists.

* * * C.

When an emergency situation is declared, the department secretary is authorized to undertake the containment and abatement of the pollution source and pollutants and mayretainpersonnelorcontractforthesepurposeswith personswho shall operate under his direction.

All contracts let by the department secretary to respond to a declared emergencyshall be exempt from the provisions of Chapter 10 ofTitle38oftheLouisianaRevisedStatutesof1950andtheLouisianaProcurement Code.

However, the department secretary may employ an informal bidding procedure by which bids are solicited from at least three bidders and mayorder the operator of record or owner to undertake the containment, abatement, or cleanup of such pollution source and pollutants.

Failure to comply with his order shall be a violation of this Title and shall be punishable as provided in this Title.

The department shall submit an annual report to the House Committee on Natural ResourcesandEnvironmentandSenateCommitteeonNaturalResourceslistingthe number and type of emergencies declared within the previous year.

* * * §12.

* * * Page(2) 6Suit for review shall be instituted in the district court of 23the Coding:parish in whichtheprincipalofficeofthesecretaryislocatedandmustbebroughtwithinsixty days of the administrative action that is the subject of the suit.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED (2) Suit for review shall be instituted in the district court of the parish in whichtheprincipalofficeofthesecretaryislocatedandmustbebroughtwithinsixty days of the administrative action that is the subject of the suit.

(a)Ifarehearingisnotrequested,thesixty-dayperiodshallbegintorun(a) Ifarehearingisnotrequested,thesixty-dayperiodshallbegintorun after the final decision or order is posted on the official website for the department.

(b)Page If1 aof rehearing5 isCODING: requested, the sixty-day period shall begin to run after the decision regarding the rehearing is posted on the official website for the department.

(3)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Aare thirdadditions. person having an interestin the mattersubject to review has the right to intervene as a party in an action under this Section when the intervention is unlikely to unduly broaden the issues or to unduly impede the resolution of the action.

AHCASB379 "third3209 person5088 having(b) anIf interest"a withrehearing theis rightrequested, tothe intervenesixty-day underperiod this Section shall includebegin but not be limited to anyrun applicant,after permittee,the ordecision partyregarding to the underlyingrehearing administrative process, action, or proceedingthatresultedintheissuanceoftherule,regulation,order,orpermit that is theposted subjecton of the suitofficial website for review.the department.

For(3) avoidanceAthird ofperson doubt,havinganinterestinthemattersubjecttoreviewhas the provisionsright ofto intervene as a party in an action under this ParagraphSection shallwhen bethe givenintervention prospectiveis andunlikely retroactiveto application.unduly broaden the issues or to unduly impede the resolution of the action.

*A *"third *person §21.1.having an interest" with the right to intervene under this Section shall include but not be limited to any applicant, permittee, or party to the underlying administrative process, action, or proceedingthatresultedintheissuanceoftherule,regulation,order,orpermit thatis thesubjectof thesuit forreview.

NaturalForavoidance Resourcesof Financialdoubt, Securitytheprovisions Fundof A.this Paragraph shall be given prospective and retroactive application.

* * **" (3)AMENDMENT TheNO. funds received shall be placed in the Natural Resources Financial SecurityFundinthecustodyofthestatetreasurertobeusedonlyinaccordancewith this Part and shall not be placed in the general fund.

8 On page 7, between lines 9 and 10, insert the following:

"A.

* * * (3) The funds received shall be placed in the Natural Resources Financial SecurityFundinthecustodyofthestatetreasurertobeusedonlyinaccordancewith this Part and shall not be placed in the generalfund.

The monies in this fund shall be used solely as provided in this Section and onlyin the amount appropriatedbytheappropriated bythe legislature.

All unexpended and Pageunencumbered 7monies remaining in this fund at the end of 23the Coding:fiscal year shall remain in the fund.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED unencumbered monies remaining in this fund at the end of the fiscal year shall remain in the fund.

Monies ininthefundshall thebeinvestedbythestatetreasurerin fund shall be invested bythe state treasurerin the same manner as monies in the state general fund.

33:2955, including the use of the LouisianaAssetLouisiana Asset Management Pool, a separate portfolio and anyinterest earnedon such investments shall be credited to the fund.fund." AMENDMENT NO.

*9 *On *page D.14, between lines 28 and 29, insert the following:

Monies"* in* the* fundC. shall be used solely for the following purposes:

* * * (5) Upon request by the Natural Resources Trust Authority and with the approval of the Mineral and Energy Board, the state treasurer is hereby authorized and directed to transfer from the Natural Resources Financial Security Fund to the Mineral and Energy Operations Operation Fund such amounts as are approved by the board and deemed necessaryto implement anypurpose for which monies in the Mineral and Operations Energy Operation Fund may be used, subject to the availability of funds and in accordance with applicable law.

* * * §23.

Underground storage of liquid or gaseous hydrocarbons or both, carbon dioxide, hydrogen, nitrogen, ammonia, compressed air, or noble gases not otherwise prohibited by law * * * D.(1) * * * (2) Upon presentation of the findings and determination by the secretary to thecommitteesonnaturalresourcesoftheSenateandHouseofRepresentativesand approval by said committees of any such projects, the secretary shall authorize the secretary to initiate such procedures as the secretary deems necessary within the scopeofhisauthorityunderChapter7ofthisTitleandtheconstraintsofthisSection Page 8 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED to accomplish the purposes hereof.

* * * §26.

Applications and notification of completeness A.

Notwithstanding any other law to the contrary, the secretary of the Department of Conservation and Energy shall, after notification by the department to theapplicantthattheapplicationis complete, grant or denyallapplicationsforall permits, licenses, registrations, or compliance in this or anyother Title within sixty days.

The notification of completeness shall be issued within fourteen days, exclusive of holidays, by the department.

If the application is not complete the department shall notify the applicant in writing of the deficiencies which cause the application not to be complete.

If the secretary or the secretary does not grant the application, the secretary or the secretary shall provide written reasons for his decision to deny, and copies of the decision shall be provided to all parties.

The secretary and the secretary may delegate the power to grant permits, licenses, registrations, variances, or compliance schedules to an assistant.

B.

If the secretary does not grant or deny the application within the time period provided for in this Section, the applicant may file a rule as provided for in R.S.

49:978.

* * * §29.

Remediation of oilfield sites and exploration and production sites A.

The legislature herebyfinds and declares that Article IX, Section 1 of the Constitution of Louisiana mandates that the natural resources and the environment of the state, including ground water,areto be protected, conserved, and replenished insofar as possible and consistent with the health, safety, and welfare of the people andfurthermandatesthatthelegislatureenactlawstoimplementthispolicy.Itisthe duty of the legislature to set forth procedures to ensure that damage to the environment is evaluated and if necessaryremediated to a standard that protects the public interest.

To this end, this Section provides the procedure for judicial resolution of claims for environmental damage to property arising from activities subject to the jurisdiction of the Department of Conservation and Energy, office of Page 9 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED conservation.

The provisions of this Section shall be implemented upon receipt of timelynotice as required byParagraph (B)(1) of this Section.

The provisions of this Section shall not be construed to impede or limit provisions under private contracts imposingremediationobligationsinexcessoftherequirementsofthedepartmentor limit the right of a party to a private contract to enforce any contract provision in a court of proper jurisdiction.

* * * I.

For the purposes of this Section, the following terms shall have the following meanings:

* * * (4) "Most feasible plan" means the most reasonable plan which addresses environmental damage in conformity with the requirements of Article IX, Section 1 of the Constitution of Louisiana to protect the environment, public health, safety andwelfare,andisincompliancewiththespecificrelevantandapplicablestandards andregulationspromulgatedbyastateagencyinaccordancewiththeAdministrative Procedure Act in effect at the time the most feasible plan to evaluate or if necessary remediate environmental damage resulting from oilfield or exploration and production operations or waste is approved or structured.

* * * §73.

Definitions As used in this Part, the following terms shall have the meaning ascribed to them in this Section, unless the context or use clearly indicates otherwise:

(1) "Commissioner" means the secretaryof the Department of Conservation and Energyor his authorized representatives from the injection and mining division of that office.

* * * §74.

Abandoned oilfield waste sites;

notification;

clean up A.(1) * * * (3)(a) Prior to any sheriff's sale or public auction of any property related to the operation of oil and gas wells, the person seeking such sale shall notify the Page 10 of 23 Coding:

Words which are struck through are deletions from existing law;

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SB NO.

379 ENROLLED secretaryof such sale not less than thirty days prior to such sale.

Such sale shall not occur unless the secretaryconsents thereto in writing, and the sale shall include the wellbore unless specificallyexcluded from the sale.

In the event the wellbore is not specificallyexcluded from the sale as provided herein, the sheriff or person seeking such a sale shall cause to be included in the notice of the sale and in the sale instrument a statement or notice that the purchaser shall be required to file the appropriate documents with the department to become operator of record of the subject well pursuant to the provisions of R.S.

30:204 30:28.

(b) The secretarymay, if he deems it appropriateto insure ensure the proper plugging and abandonment of the wells and closure of the associated oilfield pits, retain a first lien and privilege on such property, which lien and privilege shall follow such property into the hands of third persons whether such persons are in good or bad faith.

The secretary shall record a notice of such lien with the clerk of court in the parish in which the propertyis located and in which the sale is to occur.

The lien and privilege may be enforced against any person in possession of the property in the same manner as a lien provided under the Louisiana Oil Well Lien Act pursuant to R.S.

9:4861 et seq.

* * * B.

Any failure or refusal by an owner or operator or responsible person to undertake such action as ordered bythe secretaryto take samples, monitor, contain, or clean up an abandoned oilfield waste site shall be a violation of this Chapter, and the commission department, in order to prevent damage to public health, the environment, or an oil or gas strata, may immediately declare the site abandoned, notwithstanding the provisions of R.S.

30:75, and commence appropriate proceedings under this Chapter, including the recovery of penalties, revocation of any permit, closure of the site, or anycombination thereof.

* * * §84.

Powers of the secretary A.

The powers of the secretaryshall include without limitation the power to do the following:

Page 11 of 23 Coding:

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words in boldface type and underscored are additions.

SB NO.

379 ENROLLED * * * §85(A)(3)(9) The secretary shall perform all regulatory functions imposed by this Part.

§85(A)(4)(10) Modify funding requirements of site-specific trust accounts either upon recommendation of the trust authority, the secretary, or upon his own determination, based upon changes in operation, site conditions, or trust account status.

* * * §98.3.

Powers of the Department of Conservation and Energy * * * B.

If the office department finds that compliance with all the requirements of this Part would result in undue hardship, an exemption from any one or more of suchrequirementsmaybegrantedbytheofficetotheextentnecessarytoameliorate such undue hardship and to the extent such exemption can be granted without impairing the intent and purpose of this Part.

* * * §101.2.

Policy and purpose A.Thelegislaturefindsanddeclaresthatitisinthepublicinterestandwithin the police power of this state to establish a fishermen's gear compensation and underwater obstruction removal program and a fishermen's gear compensation and underwaterobstructionremovaldedicatedfundaccounttoprovidefortheproperand timely identification, inventory, and removal of underwater obstructions that are a hazard to navigation and commercial fishing in the state, and to compensate commercial fishermen for damage to their fishing gear from the underwater obstructions.

The program and fund account shall be administered, for purposes of fishermen's gearcompensation,bythesecretaryoftheofficeofcoastalmanagement and, for purposes of underwater obstruction, by the secretary of the Department of Conservation and Energy.

* * * §101.5.

Powers of the secretary Page 12 of 23 Coding:

Words which are struck through are deletions from existing law;

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SB NO.

379 ENROLLED A.

The powers of the secretaryshall include without limitation the power to do the following:

(1) Administer general oversight of expenditures or commitments to make expenditures from the dedicated fund account for the identification, inventory, and removal of underwater obstructions as he deems necessaryand appropriate.

(2) Maintain all supervisory and fiscal responsibility imposed under the provisions of this Part.

(3) Perform such other specific functions as may be enumerated or envisioned by the provisions of this Part.

§101.6(A)(1)(4)Negotiateandexecutecontracts,uponsuchtermsashemay agree upon for underwater obstruction identification, inventory, and removal, and other services necessaryto meet the purpose of this Part.

§101.6(A)(2)(5) Publish an annual list of underwater obstruction sites, to include an inventory of the type, size and depth of the obstruction, and any other relevant information which would aid navigation and commercial fishing in the vicinity of the obstruction.

§101.6(A)(3)(6) Prepare, evaluate, and approve an annual priority list for underwater obstruction removal.

§101.6(A)(4)(7) Prepare, evaluate, and approve a list of contractors acceptable to conduct obstruction removal.

§101.6(A)(5)(8)AdministerandmanagetheFishermen'sGearCompensation and Underwater Obstruction Removal Program for identification, inventory, and removal of underwater obstructions in the navigable coastal waters of the state.

§101.6(A)(6)(9)AdministerandmanagetheFishermen'sGearCompensation and Underwater Obstruction Removal Dedicated Fund Account.

§101.6(A)(8)(10) Maintain a file on the location of known underwater obstructions.

§101.6(A)(9)(11) Administer the payment of appropriate compensation for commercialfishermenwhosefishinggearisdamagedbyunderwaterobstructionsin the Louisiana territorial waters that overlie state-owned waterbottoms that are Page 13 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED contained within the coastal zone boundaries as defined in R.S.

49:214.24.

* * * §127.

Opening bids;

minimum royalties;

terms of lease;

deposit;

security A.(1)Onlythosebidderswhoareregisteredprospectiveleaseholderswiththe office of mineral state resources, or those who register within two business days after the lease sale at which the bid is opened and prior to the conditional issuance of the lease, shall be allowed to obtain a mineral lease from the state of Louisiana.

Anybidder who is not properlyregistered with the office of mineral state resources at the time bids are opened, but whose bid is otherwise acceptable, shall have until the end of the second business day following the date on which the bid was conditionally accepted by the State Mineral and Energy Board to become properly registered with the office of mineral state resources.

If the bidder remains unregistered by the close of business of the second business day following the day the mineral lease sale at which the bid was conditionallyaccepted,the conditionally accepted bid shall be deemed rejected.

The provisions of this Subsection shall also applyincaseswherethereisnomorethanonebid madebyunregisteredprospective leaseholders.Bidsmaybeforthewholeoranyparticularlydescribedportionofland advertised.

At the time and place mentioned in the advertisement for the consideration of bids, they shall be publicly opened.

Bids received by the mineral board shall be opened at any state-owned buildings situated in the cityin which the capitol is located.

The mineral board has authority to accept the bid most advantageous to the state and may lease upon whatever terms it considers proper.

However, the minimum royalties to be stipulated in any mineral lease, other than a mineral lease executed by or on behalf of a school board, shall be:

(1)(a) One-eighth of all oil and gas produced and saved.

(2)(b) One-eighth of the value per long ton of sulphur produced and saved which shall yield not less than two dollars per long ton.

(3)(c) One-eighth of the value per ton for all potash produced and saved, which shall yield not less than ten cents per ton.

(4)(d) Five percent of all lignite produced and saved.

Page 14 of 23 Coding:

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words in boldface type and underscored are additions.

SB NO.

379 ENROLLED (5)(e)Fivepercentofthevaluepertononadrysaltbasisforallsaltproduced and saved, which shall yield not less than ten cents per ton.

(6)(f) One-eighth of all other minerals produced and saved.

(2)NotwithstandingprovisionsofParagraph(1)ofthisSubsectiontothe contrary, the State Mineral and Energy Board may authorize minimum royalties of less than one-eighth but greater than one-sixteenth upon a finding that market conditions, commodity prices, or other economic factors warrant royalty reduction.

* * * §136.3.

Mineral and Energy Operation Fund * * * B.

Out of the funds remaining in the Bond Security and Redemption Fund, afterasufficientamountis allocatedfromthatfundto payallobligations securedby the full faith and credit of the state which become due and payable within anyfiscal year as required by Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer in each fiscal year shall pay into the fund revenues and amounts from the following sources:

(1) The amount received by the state through the office of state resources from royalty field audit collections and nonjudicial settlements, including but not limitedtosettlementsofdisputesofroyaltyauditfindings,titledisputes,andacreage conflicts, and court-awarded judgments and settlements.

* * * C.

Interest a separate portfolio and any interest earned on investment of monies in the fund shall be credited to the fund.fund." AMENDMENT NO.

*10 *On *page §153.16, between lines 10 and 11, insert the following:

Agencies"A. may lease or administer through State Mineral and Energy Board Page 15 of 23 Coding:

Words* which* are* struck(2) throughAfter arecompliance deletionswith the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from existingthat law;fund to payall of the obligations securedbythefullfaithandcreditofthestatewhichbecomedueandpayablewithin any fiscal year, the treasurer shall pay into the fund, an amount equal to the monies receivedbythestatetreasurypursuantto this Chapter.

wordsThemoniesin inthisfundshall boldfacebeusedsolelyasprovidedinthisSectionandonlyintheamountappropriatedbythe typePage and2 underscoredof are5 additions.CODING:

SBWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored NO.are additions.

379HCASB379 ENROLLED3209 A.5088 legislature.

AnyagencymaybyresolutionAllunexpendedandunencumberedmoniesremaininginthisfundatthe directend of the Statefiscal Mineralyear andshall EnergyBoardremain toleaseorotherwisecontractfortheexploration,development,oruseofitsin landfor the developmentfund. and production of minerals, oil, gas, or alternative energy sourcesand forthepurposes setforthin R.S.

30:148.2.

The bonus money,ifany, receivedpursuant to anysuch contract shall be transmitted bythe State Mineral and Energy Board to the agency.

After the execution of the original contract, all rights andauthorityinconnectiontherewithshallbevestedintheagencytothesameextent as if the agency had itself administered and executed the contract.

* * * §548.

Exercise of powers The secretary of conservation shall exercise his powers so as to provide, under the priorities hereinafter set forth, to the maximum extent practicable, for:

* * * §917.

Inspections and monitoring * * * F.

After the state has assumed exclusive jurisdiction of surface coal mining operations as provided in Section 503 of P.L.

95-87, and as long as the state retains such jurisdiction, then no employee of the department performing any function or dutyunderthisChaptershallhaveadirectorindirectfinancialinterestinanysurface coalminingoperation.WhoeverknowinglyviolatestheprovisionsofthisSubsection shall, upon conviction, be punished by a fine of not more than two-thousand five hundred dollars, or by imprisonment of not more than one year, or by both.

The secretary shall by regulation establish methods by which the provisions of this Subsection will be monitored and enforced by the secretary, including appropriate provisions for the filing by such employees in the review of statements and supplements theretoconcerninganyfinancialinterestwhichmaybe effectedbythis Subsection.

This Subsection shall not be given effect (1) if the Secretary of the Interior does not require the inclusion of similar provisions in state laws as a conditionforapprovalbytheSecretaryoftheInteriorofstateprogramsofregulation of surface coal mining and reclamation operations pursuant to Section 503 of P.L.

Page 16 of 23 Coding:

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words in boldface type and underscored are additions.

SB NO.

379 ENROLLED 95-87 or (2) if any such requirement of the Secretary of the Interior is declared invalid byfinal decree of a court of competent jurisdiction:

Provided, that if similar provisions are required bythe Secretary of the Interior to be included in state laws, the Secretary of Natural Resources and the secretary and the Secretary of the Interior may commence and prosecute an action in the appropriate federal court to have the regulation requiring inclusion declared invalid.

* * * §1110.

Carbon Dioxide Geologic Storage Trust Fund A.

* * * (2) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to payall of the obligations securedbythefull faithandcreditofthestatewhichbecomedueandpayablewithin any fiscal year, the treasurer shall pay into the fund, an amount equal to the monies receivedbythe state treasurypursuant to this Chapter.

The monies in this fund shall beusedsolelyasprovidedinthisSectionandonlyintheamountappropriatedbythe legislature.

All unexpendedandunencumberedmonies remaininginthis fund at the end of the fiscal year shall remain in the fund.

33:2955, including the use of the Louisiana Asset Management Pool, in a separate portfolio and anyinterest earnedearnedon onsuchinvestments such investments shall bebecreditedto creditedthefund. to the fund.

It is the Pageintent 17 of 23the Coding:legislature that this fund and its increments shall remain intact and inviolate." AMENDMENT NO.

Words11 whichOn arepage struck17, throughbetween arelines deletions13 fromand existing14, law;insert the following:

words"§2050.22. in boldface type and underscored are additions.

SB NO.

379 ENROLLED intent of the legislature that this fund and its increments shall remain intact and inviolate.

* * * C.

The secretary is hereby authorized to levy on each storage facility the following fees or costs for the purpose of funding the fund:

(1)Afeepayabletothedepartment,inaformandscheduleprescribedbythe department, for each ton of carbon dioxide injected for storage into that storage facility.

This fee is to be determined based upon the following formula:

* * * (f) Once five million dollars has been contributed to the fund for a storage facility, the fee assessments to that storage facility under this Section shall cease until such time as funds begin to be expended for that storage facility.

The secretary of the Department of Conservation and Energy shall certify to the secretary in writing the date on which the balance in the fund for a storage facility equals or exceeds five million dollars.

The fund fees shall not be collected or required to be paid on or after the first dayof the second month following the certification, except that the secretary shall resume collecting the fees on receipt of a certification from the secretary of the Department of Conservation and Energy that, based on the expenditures or commitments to expend monies, the fund has fallen below four million dollars for that storage facility.

(g) Notwithstanding the total number of storage facilities ownedoroperated by a storage operator, once ten million dollars has been contributed to the fund by astorageoperator,thefeeassessmenttothatstorageoperatorunderthisSectionshall cease until such time as funds begin to be expended for any storage facility owned or operated by that storage operator.

The secretary of the Department of Conservation and Energy shall certify to the secretaryin writing the date on which the balance in the fund for a storage operator equals or exceeds ten million dollars.

The fund fees shall not be collected or required to be paid on or after the first dayof the second month following the certification, except that the secretaryshall resume collecting the fees upon receipt of a certification from the secretary of the Page 18 of 23 Coding:

Words which are struck through are deletions from existing law;

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SB NO.

379 ENROLLED Department of Conservation and Energy that, based on the expenditures or commitments to expend monies, the fund has fallen below eight million dollars for that storage operator.

* * * §2050.22.

A third person having an interestinterestin inthemattersubjecttoreview the matter subject to review has the right to intervene as a party in an action commenced pursuant to R.S.

30:2050.21when30:2050.21 when the interventioninterventionis is unlikely to unduly broaden the issues or to undulyimpedetheresolutionoftheaction.A"thirdpersonhavinganinterest"undulyimpedetheresolutionoftheaction. with therightto interveneunder this Sectionshall include but not belimitedto any applicant, permittee, or party to the underlying administrative process, action,orproceedingthatresultedin theissuance of afinal permitaction,final enforcementaction,oradeclaratoryrulingthatisthesubjectofthepetitionfor review.

ForavoidanceA"thirdpersonhavinganinterest" ofwith doubt,therightto theprovisionsinterveneunder of this SubsectionSectionshall shallinclude but not be givenlimitedto prospectiveany andapplicant, retroactivepermittee, application.or party to the underlying administrative process, action,orproceedingthatresultedin theissuance of afinal permitaction,final enforcementaction,oradeclaratoryrulingthatisthesubjectofthepetitionfor review.

SectionForavoidanceofdoubt,theprovisionsofthisSubsectionshallbegiven 2.prospective and retroactive application." AMENDMENT NO.

R.S.12 On page 17, line 14, after "Section 2." and before "(E)(2)" delete "R.S.

36:356.1(D),36:358(B)," 358(B), (E)(2), and (G)insert are"R.S. hereby amended and reenacted to read as follows:

§356.1.36:356.1(D), 358(B)," AMENDMENT NO.

13 On page 17, between lines 15 and 16, insert the following:

"§356.1.

* * **" §358.AMENDMENT NO.

Offices;14 On page 18, between lines 20 and 21, insert the following:

purposes"Section and3. functions * * * B.

The office of the executive office of the secretaryshall be responsible for assisting the secretaryin the exercise of the functions and duties established in law Page 19 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED of the secretary.

Among the divisions included within the executive office of the secretaryshallbe the officeof the natural resourcescommission to be headedbythe deputy secretary and the office of legal services to be headed by an attorney designated by the secretary.

* * * E.

The office of state resources shall:

* * * (2) Work in cooperation with the Center for Energy Studies Institute to maintaincurrentsurfaceandsubsurfacegeologicalsurveysofthestate,orotherwise at the discretion of the secretary or his designee;

conduct geological mapping;

prepare geological hazards assessments and resource inventories;

and conduct process investigations and related studies.

* * * G.

The office of energy shall organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs relating to the deployment and operation of alternative energy infrastructure in this state in a manner that results in affordableand reliable energy.

The office of energyshall also workin cooperationwith theCenterforEnergyStudies Institute to createandcarry out a central, comprehensive, and unified energy data and information program whichwillcollect,evaluate,assemble,analyze,anddisseminatedataandinformation which is relevant to energy resource reserves, energy production, demand, and technology, andrelatedeconomicandstatistical information,orwhichis relevantto theadequacyofenergyresourcestomeetdemandsinthenearandlongertermfuture of the state.

The office of energy shall work to provide the department and the Natural Resources Commission with technical assistance and expertise in matters relatedto energyand naturalresourcesandshall alsoworkto identifypolicyoptions relative to energy related matters upon request.

Finally, the office of energy shall coordinatewithacademicandresearchinstitutionswhopossessspecializedexpertise in areas related to energy and natural resources on behalf of the department.

* * * Page 20 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED Section 3.

49:214.35(B), (E), and (F) are herebyherebyamended amended and reenacted and R.S.

§214.35.Page 3 of 5 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HCASB379 3209 5088 §214.35.

A decision or determination shall be subject to reconsideration by the secretaryif a petition for reconsiderationis filed in writing with the secretarywithin tendaysten followingpublicnoticedays offollowingpublicnoticeofaposting a posting of thefinalcoastalusepermitor,localthefinalcoastalusepermit,or local program approval decision, or determination made under R.S.

49:214.34.Thegroundsforreconsiderationshallbeeitherthatoneofthefollowing:49:214.34.

Thegroundsforreconsiderationshallbeeitherthatoneofthefollowing:

(3)Thereisashowingthatissuesnotpreviouslyconsidered,throughnofault(3) oftheThereisashowingthatissuesnotpreviouslyconsidered,throughnofault petitioner,ofthepetitioner,ought ought to beexaminedinordertobeexamined in orderto properlydisposeofthematter;or.

(4)Thereexistothergoodgroundsforfurtherconsiderationoftheissuesand(4) Thereexistothergoodgroundsforfurtherconsiderationoftheissuesand the evidence in the public interest.

* * * E.ProceedingsE. forreviewmaybe instituted byfilingapetition in thedistrict courtoftheparishinwhichtheproposeduseis to besituatedwithin thirtydays after mailing of notice of the final decision by the secretary or, if a reconsideration is requested,within thirtydays afterthedecisionthereon.thefollowingtimeperiods:

(1)Ifapetitionforreconsiderationisnotfiled,theproceedingforreviewProceedingsforreviewmaybeinstitutedbyfilingapetitioninthedistrict shallcourtoftheparishinwhichtheproposeduseis to be institutedsituatedwithin withinthirtydays thirtyafter daysmailing afterof notice of the final decision by the secretary underor, thisif Subparta reconsideration is postedrequested,within onthirtydays theafterthedecisionthereon.thefollowing officialtimeperiods: website for the Department of Conservation and Energy.

(2)(1) IfIfapetitionforreconsiderationisnotfiled,theproceedingforreview ashall petitionbe forinstituted reconsiderationwithin thirty days after the final decision by the secretary under this Subpart is filed,posted on the proceedingofficial website for reviewthe PageDepartment 21 of 23Conservation Coding:and Energy.

Words(2) whichIf area struckpetition throughfor arereconsideration deletionsis fromfiled, existingthe law;proceeding for review shall be instituted within thirty days after the decision regarding the reconsideration is posted on the official website for the Department of Conservation and Energy.

words in boldface type and underscored are additions.

SB NO.

379 ENROLLED shall be instituted within thirty days after the decision regarding the reconsideration is posted on the official website for the Department of Conservation and Energy.

A third person having an interest in the matter subject to review has the right to intervene as a party in an action for judicial review under this Section when the intervention is unlikely to unduly broaden the issues or to undulyimpedetheresolutionoftheaction.A"thirdpersonhavinganinterest"undulyimpedetheresolutionoftheaction. with therightto interveneunder this Section shall include but not belimitedto any applicant, permittee, or party to the underlying administrative process, action, or proceeding that resulted in the issuance of the rule, regulation, permit, decision, or determination that is the subject of the suit for review.

A"thirdpersonhavinganinterest" with therightto interveneunder this Section shall include but not belimitedto any applicant, permittee, or party to the underlying administrative process, action, or proceeding that resulted in the issuance of the rule, regulation, permit,decision, ordetermination thatisthesubjectof thesuit forreview.

* * * (3) AAthirdpersonhavinganinterestin thirdthemattersubjecttoreviewhas person having an interestin the mattersubject to review has the right to intervene as a party in an action under this Section when the intervention is unlikely to unduly broaden the issues or to unduly impede the resolution of the action.

* * **" SectionPage 4.4 of 5 CODING:

R.S.Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

30:4(O)(3),HCASB379 85,3209 and5088 101.6AMENDMENT areNO. herebyrepealed.

Page15 22On page 18, at the beginning of 23line Coding:21, change "Section 3." to "Section 4." AMENDMENT NO.

Words16 whichOn arepage struck18, throughat arethe deletionsbeginning fromof existingline law;22, change "Section 4." to "Section 5." AMENDMENT NO.

words17 inOn boldfacepage type18, andat underscoredthe arebeginning additions.of line 28, change "Section 5." to "Section 6." AMENDMENT NO.

SB18 NO.On page 19, after line 1, insert the following:

379"Section7. ENROLLED Section 5.

TheThisActshallbecomeeffectiveuponsignaturebythegovernoror,ifnot Louisianasignedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature Stateby Law Institute is hereby directed to change all references to the commissionergovernor, ofas conservationprovided whoseby dutiesArticle andIII, powersSection were18 transferred to the secretary of the DepartmentConstitution of ConservationLouisiana. and Energy pursuant to Act No.

458If ofvetoed thebythe 2025governorand Regularsubsequentlyapprovedbythe Sessionlegislature, fromthis "commissionerAct ofshall conservation"become toeffective "secretaryon of the DepartmentofConservationandEnergy"and"commissioner"to"secretary"throughoutthedayfollowing Louisianasuch Revisedapproval." StatutesPage 5 of 1950.5 CODING:

SectionWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored 6.are additions.

The Louisiana State Law Institute is hereby directed to change all references to the "office of mineral resources" to "office of state resources" throughout the Louisiana Revised Statutes of 1950 except in the provisions of R.S.

30:124.1.

Section 7.

This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.

If vetoed bythe governor and subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

Page 23 of 23 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.