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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 492 2024 Regular Session Geymann
Keyword and oneliner of the instrument as it left the House
PROPERTY/EXPROPRIATION: Provides relative to eminent domain
Report adopts Senate amendments to:
1. Make technical changes.
2. Provide that proposed law will take effect and become operative if and when the Act
originating as HB 966 of the 2024 Regular Session is enacted and becomes effective.
Report amends the bill to:
1. Authorize the expropriation of needed property by any domestic or foreign corporation,
limited liability company, or other legal entity created for the purpose of, or engaged in, any
of the activities otherwise provided for in this specific area of present law and proposed law,
subject to any applicable limitations.
Digest of the bill as proposed by the Conference Committee
Present law specifies that the right of eminent domain cannot prejudice an owner's land or mineral
rights not acquired for a storage facility or necessary for use of acquired property.
Proposed law clarifies that the protections afforded land owners in present law extend to all other
uses not acquired for a storage facility or necessary for use of acquired property.
Present law provides for expropriation by the state or certain corporations, limited liability
companies, or other legal entities. Proposed law adds to the provisions of present law by providing
for expropriation by legal entities created for the purpose of, or engaged in the transportation of
carbon dioxide by pipeline for underground storage, including but not limited to through connecting
to an existing pipeline transporting carbon dioxide for underground storage, whether owned or
operated by the same entity, and which has received a certificate of public convenience and necessity pursuant to the provisions of proposed law (R.S. 30:1107(B)).
Present law authorizes any domestic or foreign corporation, limited liability company, or other legal
entity engaged in activities provided in present law to expropriate needed property.
Proposed law requires present law to be subject to any applicable limitations contained in present
law and proposed law.
Proposed law prohibits expropriation of reservoir storage rights for geologic storage of carbon
dioxide, except in connection with any project as to which present law (R.S. 30:1108(B)(2)) is
applicable.
Present law defines "storage operator" as the person authorized by the commissioner to operate a
storage facility.
Proposed law adds to the definition of "storage operator" by defining it as the person authorized by
the commissioner as the operator of a proposed or existing storage facility.
Proposed law clarifies the duties and powers of the commissioner as they relate to eminent domain
proceedings.
Proposed law provides for issuance of certificates of public convenience and necessity to each
transporter of carbon dioxide applying therefore, whether or not such transporter is also the storage
operator for the laying, maintaining, and operating of a pipeline for the transportation of carbon
dioxide to a storage facility, and such rights necessary and incidental thereto, if after a public hearing
pursuant to the provisions of present law, the commissioner determines that it is or will be in the
present or future public interest to do so.
Proposed law provides that the exercise of eminent domain or expropriation powers under present
law does not allow for the expropriation of reservoir storage rights for geologic storage. Specifies
that this prohibition against the use of expropriation of reservoir storage rights for geologic storage
does not apply to the exercise of expropriation powers in connection with any parish as to which
present law is applicable.
Proposed law provides that proposed law will take effect and become operative if and when the Act
originating as HB 966 of the 2024 R.S. is enacted and becomes effective.
(Amends R.S. 19:2(9) - (12) and R.S. 30:1103(12), 1104(C)(intro. para.), 1107, 1108(A)(2) and
(B)(1); Adds R.S. 30:1108(A)(3))