HLS 24RS-606 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 169
BY REPRESENTATIVE ROBBY CARTER
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 provide relative to limitations on the
4 recovery of 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; limited 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 person, except where the damages for noneconomic
14 loss suffered by the plaintiff were for wrongful death; permanent and substantial
15 physical deformity, loss of use of a limb or loss of a bodily organ system; or
16 permanent physical or mental functional injury that permanently prevents the injured
17 person 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 person.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-606 REENGROSSED
HB NO. 169
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 person. This
5 provision shall not supersede any contractual agreement with respect to liability
6 between a plaintiff and an owner or operator of a storage facility, a carbon dioxide
7 transmission 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 169 Reengrossed 2024 Regular Session Robby Carter
Abstract: Changes the limitation on the recovery of noneconomic damages related to
carbon dioxide sequestration from per occurrence to per person.
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 does not assume any liability by assuming ownership of
a storage facility under present law. Present law also provides that the commissioner of
conservation 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 cannot exceed
$250,000 per occurrence.
Proposed law changes this limit to $250,000 per person, rather than 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.
Proposed law modifies present law by providing that recovery for these losses cannot exceed
$500,000 per person.
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 modifies present law by providing that recovery in this case cannot exceed $1
million per person.
(Amends R.S. 30:1109(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-606 REENGROSSED
HB NO. 169
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Reinstate limitations on civil liability for noneconomic damages related to
carbon dioxide sequestration.
2. Increase the general limitation on noneconomic damages from $250,000 to
$500,000.
3. Change all limits on noneconomic damages related to carbon dioxide
sequestration from per occurrence limits to per person limits.
The House Floor Amendments to the engrossed bill:
1. Decrease the general limitation on noneconomic damages from the proposed law
amount of $500,000 to the present law amount of $250,000.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.