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HB 1191

ENERGY/OIL & GAS WELLS: Creates a certificate of compliance process for oilfield and exploration and production sites (EG INCREASE SG RV See Note)

2026 Regular Session Introduced by Jacob Landry

The bill creates a voluntary, joint process for surface owners and oilfield operators to obtain a Certificate of Compliance that protects pre-certification site conditions from cer

Read by title, returned to the calendar.
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WeVote Research Nonpartisan
Bill Summary · HB 1191

Summary: HB 1191 (2026, Louisiana) – ENERGY/OIL & GAS WELLS — Certificate of Compliance for Oilfield and E&P Sites

Purpose and intent

  • Establishes a voluntary, joint process for surface owners and oilfield operators to obtain a Certificate of Compliance for oilfield and exploration & production (E&P) sites.
  • Aims to certify that site conditions meet applicable environmental laws as of the evaluation date, potentially providing protections against certain future claims related to pre-certification conditions.

Key provisions and changes

Definitions (Section A)

  • Defines terms used in the act, including:
    • Certificate of compliance
    • Corrective action period (6 months)
    • Departments (Department of Conservation and Energy and Department of Environmental Quality)
    • Environmental damage
    • Most feasible plan
    • Notice (joint notice to initiate the process)
    • RECAP (Risk Evaluation / Corrective Action Program)
    • Requesting parties (surface owner and operator of interest, jointly)
    • Review period (1 year, extendable)
    • Site, boundary delineation
    • Statewide Order 29-B

Notice and evaluation process (Section B)

  • The process is strictly voluntary and cannot be initiated during pending litigation.
  • Requires a joint written notice from surface owner and operator to initiate the process, including site identification, boundaries, and a map.
  • Notice filing is by certified mail until rules under the Administrative Procedure Act are adopted.
  • The notice constitutes consent to the process.
  • Review period begins on receipt of the notice; parties may submit data, samples, and documentation (the data remains with the requesting parties unless voluntarily submitted).
  • At least one visual site inspection by department staff during the review period; both requesting parties must be present.
  • Before a certificate of compliance or a report of noncompliance, the parties must sign an affidavit attesting data accuracy.
  • Departments may grant up to a 6-month extension to the 1-year review period; extensions decided within 30 days; failure to decide within 30 days results in extension being deemed granted.
  • Within 60 days after the close of the review (including extensions), the departments issue a full/partial certificate of compliance or a report of noncompliance.

Effect of certificate of compliance (Section C)

  • A certificate forecloses future judicial/administrative action for fees, penalties, or monetary damages relating to site conditions existing prior to certification (but does not preclude orders addressing post-certification issues).
  • In private litigation, the certificate creates a rebuttable presumption that operations were reasonable, prudent, and compliant as of certification; claims for environmental or pre-certification property damage are barred for conditions existing before certification.
  • The certificate satisfies and forecloses requirements of certain statutes (R.S. 30:29 and 30:29.2) for pre-certification conditions.
  • The certificate can be used as an affirmative defense in litigation; pre-certification site conditions are limited by the certificate’s presumption.
  • A voluntary waiver of remediation to original condition or other standards may be executed by the surface owner before certification; waivers must be in writing, describe the site scope, and be recorded; waivers bind successors and transferees.

Corrective action period (Section D)

  • If a report of noncompliance is issued, a six-month corrective action period begins to bring the site into compliance.
  • All related data and documents generated or exchanged during the corrective action period are confidential and exempt from public records, unless both parties agree otherwise.
  • Judicial proceedings asserting environmental/property damage related to pre-certification conditions are stayed during the corrective action period.
  • Departments may issue orders for imminent threats; penalties are generally stayed during the corrective period.
  • After reinspection or at period end, the departments issue a certificate of compliance or a final report of noncompliance.

Venue (Section E)

  • Exclusive venue for challenges to a certificate or related boundary determination is the Nineteenth Judicial District Court.

Fees, rulemaking, and procedures (Section F)

  • Departments may adopt rules under the Administrative Procedure Act to implement the process, including:
    • Fee schedules for evaluation, inspections, and reinspections
    • Filing and processing procedures for notices and subsequent phases
    • Standards and protocols for site evaluations (including RECAP and Statewide Order No. 29-B)
    • Procedures governing the corrective action period

Voluntary waiver of remediation standard (Section G)

  • Allows surface owners to voluntarily waive remediation standards with specific requirements (written, identified scope, filed with departments, recorded within 30 days, binding on successors).
  • Waivers do not impair post-certification remediation rights or post-certification contractual obligations.

General provisions (Section H–I)

  • The process is voluntary and not the exclusive means of demonstrating compliance.
  • Certificates bind requesting parties and their successors in conveyance records.

Effective date

  • Effective upon the governor’s signature or lapse of time for gubernatorial action, or upon legislative approval if vetoed and subsequently approved.

Who is affected

  • Surface owners of oilfield and E&P sites
  • Operators of interest (oil companies, operators)
  • Departments: Department of Conservation and Energy; Department of Environmental Quality
  • Potentially, third parties through recorded waivers or certificates

Procedural and timeline aspects

  • Initiation: voluntary joint notice by surface owner and operator
  • Review period: 1 year (extendable up to 6 months; extensions granted within 30 days or deemed granted)
  • Evaluation: data submission allowed; site inspections required
  • Outcome: certificate of compliance or report of noncompliance issued within 60 days after review
  • Corrective action: 6-month period (extendable by mutual agreement); stays judicial actions during corrective period
  • Venue for disputes: Nineteenth Judicial District Court
  • Rulemaking: department rules to be established; until then, subsection procedures govern

Note: The bill emphasizes voluntary participation, provides legal protections for pre-certification site conditions if certified, and introduces a structured process for addressing noncompliance with a defined corrective action window.

Compiled from official sources — confirm details with the bill’s official record.

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