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Regular Session, 2010 ENROLLED
SENATE BILL NO. 183
BY SENATOR N. GAUTREAUX
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 for terms and conditions; to provide for5
rulemaking authority; to provide for approval of certain leases by ports; harbor and6
terminal districts; or port, harbor and terminal districts; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 30:124 is hereby amended and reenacted to read as follows: 10
ยง124. Board may lease public lands; fee11
A. The legislature finds that the state, through the Department of12
Natural Resources, should promote the generation and use of alternative energy13
sources, including but not limited to wind energy, geothermal energy, solar14
energy, and hydrokinetic energy, throughout the state to ensure the viability of15
the state's natural resources, to provide a continuing utility-scale clean energy16
source for the citizens and businesses of Louisiana, to support economic17
development through job retention and creation in Louisiana, and to promote18
a clean environment.19
B. The State Mineral and Energy Board , hereinafter referred to as the20
"board", has authority to lease for the development and production of minerals, oil,21
and gas, or alternative energy sources, any lands belonging to the state, or the title22
to which is in the public, including road beds, water bottoms, vacant state lands, and23
lands adjudicated to the state at tax sale. The board, in consultation with the24
Department of Transportation and Development, shall adopt rules and25
ACT No. 875 SB NO. 183 ENROLLED
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words in boldface type and underscored are additions.
regulations in accordance with the Administrative Procedure Act to implement1
the provisions of this Subpart.2
C. No lease shall be granted for hydrokinetic energy development that3
is inconsistent with the terms of a preliminary permit, license, exemption, or4
other authorization issued by the Federal Energy Regulatory Commission5
pursuant to its authority under the Federal Power Act, 16 U.S.C. 791a, et seq.6
D.(1)(a) No lease affecting the following lands shall be granted for7
alternative energy sources development on such lands without prior written8
approval of a port; harbor and terminal district; or port, harbor, and terminal9
district;10
(i) Lands held in title by such port or district or held by lease or11
servitude by such port or district.12
(ii) Public navigable waters that flow through any lands within the13
jurisdiction of such port or district. Approval pursuant to this Item shall not14
be unreasonably withheld unless such lease would be detrimental to the needs15
of commerce and navigation.16
(b) No such port or district shall receive compensation for their17
approval.18
(2) After the port; harbor and terminal district; or port, harbor, and19
terminal district decides whether or not to grant approval, the board shall send a20
notice by certified mail to the lease applicant for alternative energy sources21
development. The notice shall include the following:22
(a) The decision of such port or district to provide either prior written23
approval of the lease or to deny approval of such lease.24
(b) If such port or district does not grant prior written approval, notice that25
the lease applicant has sixty days from receipt of the notice to request an26
administrative hearing with the division of administrative law pursuant to Chapter27
13-B of Title 49 of the Louisiana Revised Statutes of 1950. The request for an28
administrative hearing shall be filed with the division of administrative law, with29
copies mailed to the board and such port or district.30 SB NO. 183 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
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(3) The port; harbor and terminal district; or port, harbor, and terminal1
district which does not grant prior written approval of a lease shall have the burden2
of proof, at the administrative hearing, that the lease is detrimental to the needs of3
commerce and navigation.4
(4) The port; harbor and terminal district; or port, harbor, and terminal5
district shall contract with the division of administrative law to conduct the hearing.6
The administrative law judge may, in his discretion, assess the costs of the7
administrative hearing and reasonable attorney fees of the prevailing party against8
the losing party.9
(5) Notwithstanding any provision of the law to the contrary, the lease10
applicant or the port; harbor and terminal district; or port, harbor, and terminal11
district may petition the district court for the parish of East Baton Rouge for judicial12
review of any final decision or order of the administrative law judge.13
E. The mineral board is further authorized to collect a fee for such leasing in the14
amount of ten percent of the total cash bonus paid at the lease sale. The fee shall be in15
addition to the total cash bonus paid.16
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: