GREEN SHEET REDIGEST
HB 267 2022 Regular Session Riser
PROPERTY/EXPROPRIATION: Provides relative to the existing right of a storage
facility operator to expropriate property for the purpose of drilling through a storage
facility in Caldwell Parish
DIGEST
Present law provides that any storage operator may exercise the power of eminent domain
and expropriate needed property for the purpose of constructing, operating, or modifying a
storage facility for the purpose of transporting carbon dioxide to a storage facility.
Present law provides that the exercise of the right of eminent domain shall not prevent
persons from having the right to drill through the storage facility in order to protect the
storage facility against pollution or invasion and against the escape or migration of carbon
dioxide.
Proposed law provides that in Caldwell Parish, persons may be prohibited from drilling
through a storage facility only when the following is satisfied:
(1)A period of five years has elapsed from the actual drilling or operation of any oil or
gas well within the boundaries to depths below the base of the storage facility as
determined by the commissioner of conservation.
(2)All reservoirs that were drilled to and produced in any oil or gas well located within
the boundaries of the storage facility are no longer capable of producing minerals in
paying quantities as determined by the commissioner of conservation.
Proposed law terminates the prohibition provided in proposed law upon a finding by the
commissioner, after notice and public hearing, that the storage facility operator abandoned
all reasonable efforts to use, or cause others to use, the storage facility prior to any use of the
underground reservoir component of the storage facility for the storage of carbon dioxide.
(Amends R.S. 30:1108(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to the
engrossed bill
1. Requires the five year period elapsed from actual drilling.
2. Adds that satisfaction of the requirements to prohibit the exercise of eminent
domain be determined by the commissioner of conservation.
3. Adds for the termination of the prohibition of exercise of eminent domain
upon a determination by the commissioner of conservation that the operator
abandoned the use of the facility for storage of carbon dioxide.
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Prepared by Tyler McCloud.