§88.1. Oilfield site trust accounts for orphaned wells

            A. Orphan wells. (1) For purposes of this Section, an orphan well shall mean an oil or gas well that is designated as part of an orphaned oilfield site as of August 1, 2016, and thereafter, and that has had no reported production for a period of greater than two years immediately prior to the production of oil, gas, or condensate to which this Section applies.

            (2) After satisfying the provisions of Article VII, Sections 4, 9(B), 10-A, and 10.2 of the Constitution of Louisiana relative to the allocation and distribution of severance tax proceeds and as further provided in R.S. 47:645(B), the remaining portion of the monies credited to the state treasury derived from the severance tax levied on oil, gas, and condensate from an orphaned well as defined in this Subsection shall be credited to the associated site-specific trust account in accordance herein.

            (3) Upon full funding of the associated site-specific trust account in accordance with a plan approved by the assistant secretary as provided in this Section, all monies remaining in the account shall be credited in full to the state treasury as provided by R.S. 47:645(B).

            (4) When the conditions of this Subsection are met relative to the funding of the site-specific trust account, the assistant secretary shall not require additional financial security for the well associated with that site-specific trust account.

            B. New production. In the event of new production from a formerly orphaned well, a site-specific trust account shall be established to separately account for each such site for the purpose of providing a source of funds for site restoration of that oilfield site at such time in the future when restoration of that oilfield site is required. Once established, the site-specific trust account shall remain in effect until completion of site restoration of the associated oilfield site.

            C. Site restoration assessment. When establishing a site-specific trust account under this Section, the assistant secretary shall require an oilfield site restoration assessment to be made to determine the site restoration requirements existing at the time the site-specific trust account is established. The oilfield site restoration assessment shall be conducted by approved site assessment contractors appearing on a list approved by the commission or acceptable to the commission. The oilfield site restoration assessment shall specifically detail the site's restoration needs and shall provide an estimate of the restoration costs needed to restore the oilfield site based on the conditions existing at the time the site-specific trust account is established.

            D. Trust account monitoring. The assistant secretary shall monitor each trust account to assure that it is being properly funded. The funds in each trust account shall remain the property of the commission. In the event that the site-specific trust account is not funded through the payment of the severance tax due the state for a period of greater than six months from the date of first production following designation of the well as part of an orphaned oilfield site, the assistant secretary shall require financial security in accordance with the office of conservation's rules and regulations.

            E. Transfers of oilfield sites. When transfers of oilfield sites occur subsequent to the formation of site-specific trust accounts pursuant to this Section but prior to the end of the oilfield site's economic life, the assistant secretary and the acquiring party shall, in the manner provided in this Section, redetermine cost. The balance of any site-specific trust account at the time of transfer shall remain associated with the oilfield site and shall be a factor in the redetermination.

            F. Good faith disclosure. The failure of a transferring party to make a good-faith disclosure of all oilfield site conditions existing at the time of the transfer may render that party liable for the costs of restoration of such undisclosed conditions in excess of the balance of the site-specific trust account.

            G. Unusable oilfield sites. For unusable oilfield sites, after site restoration has been completed and approved by the assistant secretary, funds from a site-specific trust account shall be disbursed as follows:

            (1) The balance of the funds existing in the site-specific trust account will be remitted to the state general fund (direct) or in the event the responsible party has personally funded the site-specific trust account, in whole or part, then to the responsible party in proportion to their percentage of funding with the remainder being remitted to the state general fund (direct).

            (2) Such account shall thereafter be closed.

            H. Rules, regulations, and orders. The assistant secretary shall make, after notice and public hearings as provided in this Chapter, any reasonable rules, regulations, and orders that are necessary to implement this Section.

            Acts 2016, No. 583, §1, eff. June 17, 2016.