Department of Conservation and Energy Docket LAC 43:XI.6101, 6301, and 6503 Proposed Rule

la-202609-c53a22637a: Damage Prevention

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Summary

The Department Conservation and Energy proposes to amend LAC43:XI in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and pursuant to the power delegated under the laws of the state of Louisiana. The proposed Rule changes are to align current law with Louisiana Administrative Code.

The agency’s own summary, as published.

The rule, in full

864 words as published, September 01, 2026. View the original →

Department of Conservation and Energy Damage Prevention(LAC 43:XI.6101, 6301, and 6503) The Department Conservation and Energy proposes to amend LAC43:XI in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and pursuant to the power delegated under the laws of the state of Louisiana. The proposed Rule changes are to align current law with Louisiana Administrative Code. Title 43 NATURAL RESOURCES Part XI. Office of Conservation―Pipeline Division Subpart 6. Damage Prevention Chapter 61.Notifications §6101.Excavation and Demolition; Prohibitions(Formerly §2705)

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5.At least one person on any underground or submerged excavation or demolition site shall have proof of completion of the training and education provided by the Regional Notification Center. Training is required on an annual basis through the Regional Notification Center. Excavators or demolishers engaged in logging operations, or those who have been certified by an operator qualification program subject to Title 49, CFR Part 192 or Part 195 shall be exempt from this requirement.

C. - E.6.…

AUTHORITY NOTE:Promulgated in accordance with 40:1749.27. HISTORICAL NOTE:Promulgated by the Department of Natural Resources, Office of Conservation, LR 46:955 (July 2020), repromulgated LR 49:327 (February 2023), amended LR 49:908 (May 2023), amended by the Department of Conservation and Energy, LR 51:2033 (December 2025), LR 52: Chapter 63.Markings §6301.Requirements(Formerly §2707)

A. - A.4.…

5.A pipeline operator shall provide a positive response through the regional notification center before expiration of the time allowed for markings. The response shall indicate whether the operator’s facilities are present and marked, not present, or that additional time is required. B.… AUTHORITY NOTE:Promulgated in accordance with 40:1749.27. HISTORICAL NOTE:Promulgated by the Department of Natural Resources, Office of Conservation, LR 46:956 (July 2020), repromulgated LR 49:328 (February 2023), amended by the Department of Conservation and Energy, LR 51:2034 (December 2025), LR 52: Chapter 65.Excavation §6503.Excavation or Demolition; Repair of Damage(Formerly §2713) A.Each person responsible for any excavation or demolition operations which result in any damage to an underground pipeline shall, immediately upon discovery of that damage, notify the owner or operator of the pipeline and the regional notification center of the location and nature of the damage and shall allow the owner or operator reasonable time to accomplish necessary repairs before continuing the excavation, demolition, or back filling in the immediate area of damage.

B. - D.…

AUTHORITY NOTE:Promulgated in accordance with 40:1749.27. HISTORICAL NOTE:Promulgated by the Department of Natural Resources, Office of Conservation, LR 46:957 (July 2020), repromulgated LR 49:329 (February 2023), amended by the Department of Conservation and Energy, LR 51:2035 (December 2025), LR 52: Family Impact Statement This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Poverty Impact Statement This proposed Rule has no known impact on poverty as described in R.S. 49:973. Small Business Analysis This proposed Rule has no known impact on small businesses as described in R.S. 49:965.6. Provider Impact Statement This proposed Rule has no known impact on providers as described in HCR 170 of 2014. Public Comments All interested parties will be afforded the opportunity to submit data, views, or arguments, in writing. Written comments will be accepted by hand delivery, USPS or Fed Ex, until 4 p.m., October 21, 2026, at Department of Conservation and Energy, P.O. Box 94275, Baton Rouge, LA 70804-9275; or Office of Conservation, Pipeline Division, 617 North Third Street, Room 931, Baton Rouge, LA 70802. All inquiries should be directed to Michael Peikert at the above addresses or by phone to (225) 219-3799. Dustin Davidson Secretary FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Damage Prevention I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There are no anticipated implementation costs or savings to state or local governmental units due to the proposed rule changes. The proposed rule changes amend the Damage Prevention section of the Pipeline Safety Code by adding logging operations to the types of excavators or demolishers exempt from required training and education provided by the regional notification center and adding the regional notification center to the entities who are required to be notified of damages to underground facilities or utilities by persons responsible for excavation or demolition activities. The proposed rule change also requires facility operators to provide a “positive response” to the regional notification center before the expiration of the time allowed for marking. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed rule changes are not anticipated to have any effect on revenue collections of state and local government units. The proposed rule changes do not impose any new fees or change existing fees. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) There are no anticipated costs to DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR non-governmental groups. Operators and excavators are already required to comply with the Damage Prevention requirements of these regulations under LA RS 40:40:1749,11-27. Increased compliance may result in long term benefits to owners/operators in the form of reduced damages. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule changes are not anticipated to have any effect on competition and employment. Manny AcostaAlan M. Boxberger Executive DirectorLegislative Fiscal Officer 2609#009Legislative Fiscal Office

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