§354. Powers and duties of secretary of conservation and energy
A. In addition to the functions, powers, and duties otherwise vested in the secretary
by law, the secretary shall:
(1) Represent the public interest in the administration of this Chapter and shall be
responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department except as otherwise provided by this
Title.
(3) Make, alter, amend, and promulgate rules and regulations necessary for the
administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the department, in the manner and to the extent provided
by this Title.
(5) Advise the governor on problems concerning the administration of the
department.
(6) Study existing energy policies of the state and formulate plans and advise the
governor and the legislature with respect to short and long-term energy policies of the state.
(7) Undertake, or in necessary cases, designate one of the offices within the
department or its directors to prepare all necessary studies regarding alternate fuel sources
for the state of Louisiana.
(8) Assist the institutions of higher learning in this state desiring to establish
programs dealing with the utilization of the natural resources of this state.
(9) Conduct or cause to be conducted public meetings for the purpose of receiving
suggestions from the public regarding the energy policy of the state.
(10) Act as the sole agent of the state or, in necessary cases, designate one of the
offices within the department or its directors to cooperate with the federal government and
with other state and local agencies in matters of mutual concern and in the administration of
federal funds granted to the state or directly to the department or an office thereof to aid in
the furtherance of any function of the department and its offices. For this purpose he may
take such actions, in accordance with applicable state law, necessary to meet such federal
standards as are established for the administration and use of such federal funds, except as
otherwise specifically provided in this Title or by the constitution and laws of this state.
(11) Make reports and recommendations on his own initiative or upon request by the
governor, the legislature, or any committee or member thereof.
(12) Provide for the ongoing merger and consolidation of the agencies and functions
transferred to his department and submit a report thereon to the governor and the legislature,
which report shall accompany the budget request which he submits under provisions of R.S.
39:33. Such report shall include a statement of the goals of the department and of the
programs thereof and shall summarize the accomplishments of the department in meeting
such goals and implementing such programs. The report shall also contain a specific
statement of the reorganization and consolidation plan for the department for the next year
and shall include a report on the implementation of such reorganization and consolidation
plan for the previous year. The report concerning reorganization shall specifically detail the
extent to which the department has achieved goals stated the previous year with respect to
merger and consolidation of functions, abolition of agencies, consolidation of offices,
elimination of job positions, and efficiency and economy in delivery of services. The report
shall contain any recommendations with respect to organization which may require
legislative action under the provisions of this Title. A copy of the report and recommended
legislation shall also be submitted by the secretary to the presiding officer of each house of
the legislature. The presiding officer shall refer the report to the appropriate committee
having jurisdiction of the subject matter as provided in the rules of the respective house.
(13) Contract, if the secretary so desires, or, if the secretary deems necessary,
designate one of the offices within the department or its director, under the secretary's
supervision, to do so, with private or public research organizations for the purchase, out of
funds available to the Department of Conservation and Energy, of services in scientific,
economic, and technological research, including but not limited to surveys, studies, and
experiments with a view toward protecting and replenishing the natural resources of the state
under the jurisdiction of the Department of Conservation and Energy, toward preventing the
waste, wasteful use, and wasteful utilization thereof, except as defined in R.S. 30:3, toward
preventing the use of the natural resources in such a manner and in such quantities as will
threaten with premature exhaustion, extinction, and destruction of the supply of these
resources in the state, and toward the energy policy of this state, and to prepare and
implement plans and programs in relation thereto.
(14) Prepare an analysis of all potential gas prospects in the state and develop a plan
for state owned lands which will promote and encourage the exploration and production of
gas from such prospects for use in Louisiana.
(15) Set priorities for program funds as provided in R.S. 30:2483 and declare
emergencies pursuant to R.S. 30:6.1.
(16) Review all proposals for the lease or use of state property and resources within
the jurisdiction of the department to determine if they meet current policies regarding the
development and/or use of such property and resources, periodically review the activities of
lessees and users of such property and resources and ascertain if they likewise conform to
such current policies, and formulate programs, and take the necessary action through the
appropriate office of the department to implement his findings with respect thereto.
(17) Deposit or cause to be deposited in the state treasury receipts from royalties,
rentals, and bonuses derived from state lands under mineral leases or any other contract.
(18)(a) On an annual basis, provide all of the following information to the legislature
no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of
submission to the legislature and which shows each staff position, whether filled or vacant,
that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the
organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in
electronic format and is further authorized, but is not required, to submit the report at the
time of submission of a report pursuant to Paragraph (11) of this Subsection.
(19)(a) Organize, plan, supervise, direct, administer, execute, and be responsible for
the functions and programs relating to the deployment and operation of energy infrastructure
in this state in a manner that results in affordable and reliable energy.
(b) Create and carry out a central, comprehensive, and unified energy and natural
resources data and information program which will collect, evaluate, assemble, analyze, and
disseminate data and information which is relevant to energy and natural resource reserves,
energy and natural resource production, demand, and technology, and related economic and
statistical information, or which is relevant to the adequacy of energy and natural resources
to meet demands for the near and longer term future of the state.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801, R.S. 36:803, and
R.S. 36:806:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for
the efficient administration of the executive office of the secretary and the performance of
its powers, duties, functions, and responsibilities and such other personnel, who are not
assigned to an office, as may be necessary for the efficient administration of the department
and for the performance of the responsibilities, powers, duties, and functions of agencies
transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a
contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient
administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil
service laws, rules, and regulations, and with policies and rules of the Department of
Conservation and Energy, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial disapproval, advisory councils, boards, and
commissions necessary in the administration of the department or for providing expertise
within the department's jurisdiction, except as otherwise provided by law or by executive
order.
(3) Employ such officers, agents, employees, and professional personnel, including
legal counsel, as he deems necessary for the performance of his powers and duties and
prescribe the powers and duties and fix the compensation of such officers, agents, employees,
and professional personnel.
(4) Contract upon terms as the secretary may agree upon, for legal, financial,
engineering, and other professional services necessary or expedient in the conduct of the
affairs of the Department of Conservation and Energy under the provisions of this Chapter.
(5) Utilize the services of the other executive departments in the executive branch
of the state government upon mutually agreeable terms and conditions.
(6) Represent, or designate a director to represent, the state in all matters involving
or affecting the interest of the state and its residents relative to energy and natural resources
within the jurisdiction of the Department of Conservation and Energy before all federal
agencies, offices, and officials, and congressional committees, and in all judicial actions
arising out of the proceedings of the agencies, offices, and committees or in relation thereto.
Those employed or contracted with as provided by this Section shall be entitled to represent
the state and the secretary and to appear in the courts and before agencies of this state or the
agencies, officials, and courts of the United States and of other states to carry out the
purposes of this Chapter.
(7) Accept and use, in accordance with law, gifts, grants, bequests, and endowments
for purposes consistent with the responsibilities and functions of the department and take
such actions as are necessary to comply with any conditions required for such acceptance.
(8) Obtain from the federal government and its agencies, the offices of the
Department of Conservation and Energy, and other state agencies any information and data
collected by the entities relating to energy, natural resources, or the environment, upon
mutually agreeable terms and conditions or as required by law; however, information and
data subject to nondisclosure under R.S. 44:4 shall maintain that status while in the custody
of the secretary.
(9) Formulate and promulgate rules of administration for the department relating to
employment and management.
(10) Establish in the department a capacity for policy analysis, development of
information and statistics, and generation of economic information relating to the natural
resources and environmental affairs of the state.
(11) Delegate to the deputy secretary any and all duties, functions, and authority of
the secretary as provided by this Title or other applicable laws.
(12) Delegate his duties and responsibilities to other personnel within the department
as necessary for the efficient administration of the department and its programs.
(13) Do such other things not inconsistent with law, as are necessary to perform
properly the functions vested in him.
(14) Issue directives, acting through an initiative of the deputy secretary and upon
certification by the undersecretary, that establish immediate agency policy effective upon
issuance. Such orders shall remain in effect unless and until they are superseded by
subsequent directive or subjected to additional administrative rulemaking through the
Administrative Procedure Act, including but not limited to the processes for emergency
rulemaking or potpourri notices, if and when the secretary deems further formal rulemaking
necessary. These directives, which do not constitute "adjudications" within the meaning of
federal or state administrative law, shall serve as statements of policy that the department
may apply to its programs and operations forthwith.
(15) Establish a formal certification process to recognize academic and research
institutions within the state who possess specialized expertise in areas such as energy
technologies, natural resources management, environmental stewardship, resource
economics, and other strategically significant fields of research and development related to
the mission of the department, which may be accomplished through entering into agreements
with certified institutions to govern ownership of intellectual property developed through or
in conjunction with this program. The secretary shall coordinate with the Natural Resources
Commission in developing this process. The secretary may promulgate rules and regulations
to implement this program. Unless otherwise specified by the secretary, primary management
of this program shall be placed in the office of energy.
C. The provisions of this Chapter are not intended, nor shall they be construed to
affect the statutory duties, functions, and responsibilities of the attorney general with respect
to the department and the agencies reorganized thereunder as provided by R.S. 30:132, R.S.
41:3, and R.S. 56:1477.
D. The procedures set forth in the Administrative Procedure Act shall be utilized for
the adoption, promulgation, amendment, or rescission of rules and regulations authorized in
this Section.
E. The secretary or his designee shall perform and exercise the following powers,
duties, functions, and responsibilities relative to land, water, and research, all in accordance
with law:
(1) Plan and execute an energy research and development program, including but not
limited to research necessary to assist the secretary in the formulation of energy plans and
policy and the administration and implementation of energy conservation programs, and
other energy studies, all in accordance with law. Specifically excluded from these functions
are the functions of the secretary as provided in Paragraph (B)(10) of this Section. In
implementing these functions the secretary or his designee may conduct a program to
disseminate information relating to energy for the citizens of Louisiana whereby they can be
advised of methods to conserve energy.
(2) Administer and implement laws relating to the foregoing, including without
limitation the laws relative to research and development of solar energy sources, building
energy conservation, including the regulation of training, certification, and quality control
of home energy raters throughout the state, and energy impacted area assistance; the laws
relative to coastal energy impact assistance; the laws relative to power plants and industrial
fuel use; the laws relative to the Fishermen's Gear Compensation and Underwater
Obstruction Removal Program and the Fishermen's Gear Compensation and Underwater
Obstruction Removal Dedicated Fund Account.