ENROLLED
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ACT No. 930
Regular Session, 2010
HOUSE BILL NO. 841
BY REPRESENTATIVE ARNOLD AND SENATOR MI CHOT
AN ACT1
To amend and reenact R.S. 30:124, relative to the State Mineral and Energy Board; to2
provide for alternate energy resources; to authorize the State Mineral and Energy3
Board to lease state lands for the exploration, development, and production of energy4
from alternative energy resources; to provide definitions, terms, and conditions; to5
provide for rulemaking authority; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:124 is hereby amended and reenacted to read as follows:8
ยง124. Board may lease public lands; fee9
A. The legislature finds that the state, through the Department of Natural10
Resources, should promote the generation and use of alternative energy sources,11
including but not limited to wind energy, geothermal energy, solar energy, and12
hydrokinetic energy, throughout the state to ensure the viability of the state's natural13
resources, to provide a continuing utility-scale clean energy source for the citizens14
and businesses of Louisiana, to support economic development through job retention15
and creation in Louisiana, and to promote a clean environment.16
B. The State Mineral and Energy Board , hereinafter referred to as the17
"board", has authority to lease for the development and production of minerals, oil,18
and gas, or alternative energy sources, any lands belonging to the state, or the title19
to which is in the public, including road beds, water bottoms, vacant state lands, and20
lands adjudicated to the state at tax sale. The board, in consultation with the21
Department of Transportation and Development, shall adopt rules and regulations22
in accordance with the Administrative Procedure Act to implement the provisions23
of this Subpart.24 ENROLLEDHB NO. 841
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C. As used in this Section, "alternative energy sources" means energy1
sources other than oil, gas, and other liquid, solid, or gaseous minerals. It shall2
include, but not be limited to, wind energy, geothermal energy, solar energy, and3
hydrokinetic energy. It shall not include the cultivation or harvesting of biomass4
fuels or the use of state land or water bottoms for facilities which utilize biomass fuel5
to produce energy.6
D. No lease shall be granted for hydrokinetic energy development that is7
inconsistent with the terms of a preliminary permit, license, exemption, or other8
authorization issued by the Federal Energy Regulatory Commission pursuant to its9
authority under the Federal Power Act, 16 U.S.C. 791a, et seq.10
E. The mineral board is further authorized to collect a fee for such leasing11
in the amount of ten percent of the total cash bonus paid at the lease sale. The fee12
shall be in addition to the total cash bonus paid.13
Section 2. This Act shall take effect and become operative if and when the Act14
which originated as Senate Bill No. 183 of this 2010 Regular Session of the Legislature is15
enacted and becomes effective.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: