HASBSB108 GETTYSH 3608
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 108 2024 Regular Session Seabaugh
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
EXPROPRIATION. Provides relative to expropriation. (8/1/24)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Adds that distribution lines may be expropriated exclusively by an electric
public utility if a majority of the electricity or steam power to be generated,
transmitted, or distributed in connection with the facilities will be delivered
to end-users within Louisiana.
2. Adds that if provisions of proposed law are declared invalid or unenforceable
by any court of competent jurisdiction, the remaining terms and provisions
that are not affected thereby shall remain in full force and effect.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 108 Engrossed 2024 Regular Session Seabaugh
Present law provides expropriating authority to the state and its political subdivisions, and
certain corporations, limited liability companies, or other legal entities.
Present law authorizes domestic and foreign corporations, limited liability companies, or
other legal entities created for the purpose of generating, transmitting, and distributing
electricity and steam for power, lighting, heating, or other such uses to expropriate needed
property.
Proposed law requires domestic and foreign corporations, limited liability companies, or
other legal entities created for the purpose of generating, transmitting, and distributing
electricity and steam for power, lighting, heating, or other such uses be subject to certain
qualifications provided by proposed law in order to expropriate property.
Proposed law provides that property may be expropriated exclusively by an "electric public
utility" as that term is defined in proposed law or an affiliated entity for either of the
following purposes:
(1) A transmission or generation project that is approved and included in a multi-state
regional transmission organization or independent system operator's transmission
expansion plan or identified by such regional transmission organization or
independent system operator as necessary for the reliability of the electric system or
necessary for the interconnection of a generator.
(2) Generating plants, buildings, transmission lines, stations or substations, distribution
lines, or other associated facilities if a majority of the electricity or steam power to
be generated, transmitted, or distributed in connection with the facilities will be
delivered to end-users within Louisiana.
Proposed law also provides that the terms "Regional Transmission Organization" and
"Independent System Operator" shall have the same meaning as provided by present federal
law.
Proposed law provides that in the event that any provision or provisions of proposed law are
declared invalid or unenforceable by any court of competent jurisdiction, the remaining
terms and provisions that are not affected thereby shall remain in full force and effect.
Effective August 1, 2024.
(Amends R.S. 19:2(7)) HASBSB108 GETTYSH 3608
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Clarifies present law that except as to a transmission or generation project
that is approved and included in a multi-state regional transmission
organization's or independent system operator's transmission expansion plan
or identified by such regional transmission organization or independent
system operator as necessary for the reliability of the electric system or
necessary for the interconnection of a generator.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Require a domestic and foreign corporation, limited liability company, or other
legal entity created for the purpose of generating, transmitting, and distributing
electricity and steam for power, lighting, heating, or other such uses be subject
to certain qualifications in order to expropriate property.
2. Assign definitions to "Regional Transmission Organization" and "Independent
System Operator".
______________________
Hanna Gettys
Attorney