ENROLLED
ACT No. 415
2024 Regular Session
HOUSE BILL NO. 169
BY REPRESENTATIVE ROBBY CARTER
1 AN ACT
2 To 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.
5 Be 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. HB NO. 169 ENROLLED
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 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.