The secretary may spend, approve, and manage funds and personnel for oilfield site restoration, adopt rules, contract for services, and authorize restoration projects, subject to stated conditions and a 20% fiscal-year cost cap for certain site closures.
§84. Powers of the secretary A. The powers of the secretary shall include without limitation the power to do the following: (1) Make expenditures or commitments to make expenditures from the fund or disburse funds for the restoration of oilfield sites as he deems necessary and appropriate, including but not limited to disbursement of monies in the fund pursuant to R.S. 30:86(E)(2) to pay principal, interest, and related costs in connection with the issuance of bonds. (2) Disburse and approve expenditures or release monies from site-specific trust accounts for restoration of oilfield sites at any time during the life of the oilfield site. (3) Employ, appoint, remove, assign, and promote from any funding sources authorizing administrative costs such personnel as is necessary for the efficient administration of this Part, including the appointment of an executive director who shall be an unclassified employee. In addition to any other powers, duties, functions, and responsibilities defined by the secretary, the executive director shall assist the secretary in the efficient administration of this Part. (4) Adopt and promulgate rules and regulations respecting the administration of this Part. (5) Negotiate and execute contracts, upon such terms as he may agree upon, for legal, financial, engineering, construction, and other professional services necessary to meet the purpose of this Part. (6) Perform such other specific functions as may be enumerated or envisioned by the provisions of this Part. (7) The secretary shall maintain all oversight, supervisory, and fiscal responsibility imposed under the provisions of this Part which are not specifically conferred upon the trust authority. (8) Authorize, upon a finding of economic justification, the closure and restoration of nonpriority orphaned oilfield sites that may be packaged together as projects. This authority shall be used to decrease in a cost effective manner the total number of orphaned wells. Excluding expenses of money deposited pursuant to R.S. 30:86(D)(9) or (10) or emergency response costs pursuant to R.S. 30:6.1, 86(E)(5), and 92, the cost of closing and restoring nonpriority orphaned oilfield sites shall not exceed twenty percent of the amount expended from the Oilfield Site Restoration Fund in any fiscal year, unless otherwise approved by the commission. B-C. Repealed by Acts 1997, No. 994, §2. D. The powers provided for in this Section shall be in addition to and shall not limit the powers conferred on the secretary in other provisions of this Subtitle or by any other provisions of any state or federal law or regulation. Acts 1993, No. 404, §2; Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 1997, No. 994, §§1, 2; Acts 2008, No. 384, §1; Acts 2016, No. 666, §1, eff. June 17, 2016; Acts 2022, No. 10, §1, eff. May 13, 2022; Acts 2024, 3rd Ex. Sess., No. 16, §1, eff. July 1, 2025.