The Louisiana Geologic Sequestration of Carbon Dioxide Act authorizes the Department of Natural Resources to regulate the storage and transportation of CO2. It grants the power of eminent domain for geologic sequestration projects, authorizes the state to assume ownership of closed geologic storage facilities and release operators from liability, and creates a fund to pay administrative and long-term care expenses.
Sequestration
Sequestration Site Permitting
Permitting Authority:
Department of Natural Resources, Office of Conservation
Notes:
Definition of carbon dioxide includes naturally occurring and geologically sourced CO2.
Property Rights
CO2 Ownership:
Matter of private contract.
Liability During Operations:
Operator, but non-economic damages are capped at $500,000 per occurance.
Eminent Domain for GS:
Declares geologic storage of CO2 to be in the public interest. The commissioner can grant a certificate of public convenience and necessity to a storage operator, subject to certain findings, which authorizes the operator to exercise the power of eminent domain. Right of eminent domain does not apply to EOR projects permitted under R.S. 30:4
EOR Status
EOR Status:
Nothing in this bill prevents injection of CO2 for EOR
Notes:
The bill gives the commissioner authority to approve conversion of an EOR facility into a storage facility.
Long-term Stewardship
Long-term Liability:
Operator is released from liability 10 years after injection stops, if the operator can show that the reservoir can reasonably be expected to retain mechanical integrity, and the carbon dioxide will reasonably remain emplaced. State takes ownership of the storage facility and injected CO2, but the state shall not assume liability by the act of assuming ownership.
Funding Mechanism:
The bill creates the Carbon Dioxide Storage Trust Fund, and requires operators to pay a set fee per ton of CO2 injected into this fund. The fee for each storage operator is capped at 5 million dollars. Fund can be used for administrative expenses of regulating geologic storage, as well as monitoring and remediation of closed sites.
Transportation
Regulatory Authority
Regulatory Authority:
Department of Natural Resources, Office of Conservation
Notes:
CO2 pipelines shall not be common carriers, absent a change in present law.
