HLS 23RS-757 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 312
BY REPRESENTATIVE ROBBY CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/LAW: Provides relative to liability and damages resulting from carbon sequestration
1 AN ACT
2To amend and reenact R.S. 30:1109(B), relative to liability; to provide relative to owners
3 and operators of carbon sequestration; to remove limitations on the recovery of
4 noneconomic damages; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 30:1109(B) is hereby amended and reenacted to read as follows:
7 ยง1109. Cessation of storage operations; liability release
8 * * *
9 B.(1) In any civil liability action against the owner or operator of a storage
10 facility, carbon dioxide transmission pipeline, or the generator of the carbon dioxide
11 being handled by either the facility or pipeline, the maximum amount recoverable
12 as compensatory damages for noneconomic loss shall not exceed two hundred fifty
13 thousand dollars per occurrence, except where the damages for noneconomic loss
14 suffered by the plaintiff were for wrongful death; permanent and substantial physical
15 deformity, loss of use of a limb or loss of a bodily organ system; or permanent
16 physical or mental functional injury that permanently prevents the injured person
17 from being able to independently care for himself or herself and perform life
18 sustaining activities. In such cases, the maximum amount recoverable as
19 compensatory damages for noneconomic loss shall not exceed five hundred thousand
20 dollars per occurrence.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-757 ENGROSSED
HB NO. 312
1 (2) If Paragraph (1) of this Subsection, or the application thereof to any
2 person or circumstance, is finally determined by a court of law to be unconstitutional
3 or otherwise invalid, the maximum amount recoverable as damages for noneconomic
4 loss shall thereafter not exceed one million dollars per occurrence. This provision
5 shall not supersede any contractual agreement with respect to liability between a
6 plaintiff and an owner or operator of a storage facility, a carbon dioxide transmission
7 pipeline, or the generator of the carbon dioxide.
8 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 312 Engrossed 2023 Regular Session Robby Carter
Abstract: Eliminates limitations on the recovery of noneconomic damages related to carbon
dioxide sequestration.
Present law provides for civil liability actions against an owner or operator of a storage
facility, carbon dioxide transmission pipeline, or generator of the carbon dioxide being
handled by either the facility or pipeline.
Present law provides that the state shall not assume any liability by assuming ownership of
a storage facility under present law. Present law also provides that the commissioner of the
Dept. of Natural Resources or his agents are not liable for damages arising out of a good
faith effort to carry out the purpose of present law.
Present law provides that the compensatory damages for noneconomic loss shall not exceed
$250,000 per occurrence. Present law further provides that in cases of wrongful death,
permanent and substantial physical deformity, loss of use of a limb or bodily organ system,
or permanent physical or mental functional injury, the maximum amount recoverable for
noneconomic loss cannot exceed $500,000 per occurrence.
Present law provides that if the application of present law is found to be unconstitutional or
invalid, the maximum amount recoverable for noneconomic loss cannot exceed $1 million
per occurrence.
Proposed law removes the limitations of the maximum amount recoverable for noneconomic
losses.
(Amends R.S. 30:1109(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-757 ENGROSSED
HB NO. 312
1. Remove the strict liability provision applicable to damages attributable to an
owner or operator's actions concerning the geologic sequestration of carbon
dioxide.
2. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.