Senate Bill No. 459, introduced by Senator Seabaugh, amends Louisiana's laws concerning the remediation of oilfield and exploration sites by changing the terminology from "admission of liability" to "admission of responsibility" for environmental damage. The bill specifies that remediation plans must adhere to the Risk Evaluation and Corrective Action Plan (RECAP) and exceptions to Statewide Order 29-B, without requiring landowner consent. It mandates that courts adopt the department-approved remediation plan as the "most feasible plan" unless clear and convincing evidence suggests otherwise. Additionally, the bill allows responsible parties to directly fund the implementation of the plan and establishes a structured process for reporting costs associated with remediation.

The legislation also outlines the rights of parties in civil actions related to environmental damage, enabling them to recover reasonable attorney fees and costs for producing evidence. Once the most feasible plan is adopted, parties admitting responsibility will not incur further attorney fees or costs related to the environmental damage. The bill extends the notification period for landowners to receive results from environmental testing from ten to thirty days and modifies the definition of "Most Feasible Plan" to align with constitutional requirements. It also repeals existing provisions regarding damages for evaluating or repairing environmental damage, limiting nonremediation damages to the market value of the impacted property. Overall, the bill aims to streamline the remediation process while ensuring accountability and clarity in the responsibilities of involved parties.

Statutes affected:
SB459 Original: 30:29(C)(1), 30:29(M)(1)
SB459 Engrossed: 30:29(C)(1), 30:29(M)(1)