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))
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.