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BILL NAME

AUTHOR

PROGRESS

HB 937: Provides relative to landowner liability for carbon dioxide sequestration

Highlights

Abstract: Defines "landowner" within the Geologic Sequestration of Carbon Dioxide Act and provides that surface and pore space owners are not liable for any claims related to the sequestration of carbon dioxide just because they are landowners or have entered into an agreement to their property to be used for carbon dioxide sequestration.


Present law establishes the La. Geologic Sequestration of Carbon Dioxide Act which provides definitions, authority of the commissioner of conservation, and duties and obligations of storage facility owners and operators.


Proposed law adds a definition for "landowner".


Present law authorizes the commissioner to promulgate rules for requiring interested persons to install monitoring equipment on storage facilities and equipment.


Proposed law changes the responsible party for installation of monitoring equipment from interested persons to storage operators.


Proposed law provides that landowners are not liable for carbon dioxide sequestration activities just because they are the landowner or because they have agreed to let their property be used for sequestration.


Proposed law specifies that nothing contained in proposed law can alter or supercede the terms of any contractual agreement entered into by a landowner.


Directs the La. State Law Institute to alphabetize and renumber the definitions contained in R.S. 30:1103 and to correct any cross-references that may need to be changed as a result of this renumbering.


(Amends R.S. 30:1104(A)(10) and 1109(A)(3); Adds R.S. 30:1103(14) and 1109.1)


Summary of Amendments Adopted by House


The Committee Amendments Proposed by House Committee on Natural Resources and Environment to the original bill:


1. Make technical changes.


2. Add landowners to the list of parties who are released from liability when injection operations cease and a certificate of completion is issued.


3. Change the title of the proposed law regarding landowner liability from "Release of landowner liability" to "Landowner liability limitation".


4. Restate the liability provision of proposed law to provide that landowners are not liable for anything associated with the sequestration of carbon dioxide just because they are a landowner or have agreed to let their property be used for sequestration.


5. Exclude the state from the definition of "landowner".


6. Add a provision that nothing in proposed law will affect any contractual agreement entered into by a landowner

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