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The 2023 Louisiana Regular Session has ended. HB 571 by Speaker Schexnayder was the only one of the nine CCS bills filed in the House to pass. HB 571 provided a balanced approach between providing additional protections for local governments and communities while permitting the CCS industry in Louisiana to move forward. 

HB 571 by Speaker Schexnayder added new provisions to Louisiana law on CCS as follows:

  1. Requires additional notice be provided to local governments in advance of future CCS projects;
  2. Provides local governments with revenue sharing with the state on CCS projects on state owned land;
  3. Requires the storage operator to include a detailed environmental analysis as part of a Class VI injection well permit application;
  4. Requires the storage operator to provide quarterly reports to the commissioner on CCS operations;
  5. Requires the storage operator to provide notice within 24 hours to the commissioner of any noncompliance, malfunction, or failure relating to CCS operations;
  6. Enlarges the timeframe from 10 years to 50 years for which the storage operator must continue to monitor the facility after the last injection of carbon dioxide before the operator may be eligible to receive a certificate of completion of injection operations;
  7. Provides additional environmental requirements that the storage operator must satisfy in order to qualify for a certificate of completion of injection operations after 50 years;
  8. Increases the money that a storage operator must contribute to the Carbon Dioxide Geologic Storage Trust Fund from $5M per operator to $5M per facility with a $10M per operator cap;
  9. Makes explicit that the funds in the Carbon Dioxide Geologic Storage Trust Fund are also eligible to be used for any environmental remediation associated with a CCS facility, among many other items;
  10. Prohibits the legislature from sweeping the money in the Carbon Dioxide Geologic Storage Trust Fund for any other purpose without a two-thirds vote of the legislature;
  11. Provides for the filing of a short form notice of a geologic storage agreement into the public records to protect the personal financial information of a landowner from disclosure while providing sufficient public notice of the geologic storage agreement.

The other eight House bills on CCS died in either House committee or on the House floor. Those eight House bills could have effectively stopped CCS projects around the state, particularly the CCS bill which sought to remove eminent domain authority from CCS projects. By voting down these anti-CCS bills, the legislature has protected the opportunity for Louisiana to become a leader in CCS projects in the United States.

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Photo of Neil Abramson Neil Abramson

Neil Abramson is a registered Louisiana Lobbyist and an environmental litigator. He advocates on behalf of energy and environmental companies in legislative matters, including policies that promote increased economic growth and industrial development. Neil has recently worked with clients on policies involving renewable…

Neil Abramson is a registered Louisiana Lobbyist and an environmental litigator. He advocates on behalf of energy and environmental companies in legislative matters, including policies that promote increased economic growth and industrial development. Neil has recently worked with clients on policies involving renewable matters including carbon capture projects. Neil draws on his experience as the State Representative for the 98th District of Louisiana for 12 years as well as his involvement with the House Ways & Means Committee, the House Civil Law Committee, the Louisiana Commerce and Industry Board, and the Louisiana Law Institute Civil Procedure Committee.

Neil’s environmental experience includes representing businesses in difficult cases involving toxic torts, class action litigation, insurance coverage and defense litigation, maritime personal injury, and products liability. His clients are often chemical manufacturers facing high-stakes class action cases involving the release of chemicals.

Photo of Jeff Lieberman Jeff Lieberman

Jeff Lieberman is a Lafayette-based energy lawyer who helps mineral clients with title, conveyance, unitization, permitting, and regulatory issues involving oil and gas.  Jeff regularly appears on behalf of clients before the Louisiana Commissioner of Conservation and the State Mineral and Energy Board…

Jeff Lieberman is a Lafayette-based energy lawyer who helps mineral clients with title, conveyance, unitization, permitting, and regulatory issues involving oil and gas.  Jeff regularly appears on behalf of clients before the Louisiana Commissioner of Conservation and the State Mineral and Energy Board in Baton Rouge.