RÉSUMÉ DIGEST
ACT 164 (SB 108) 2024 Regular Session Seabaugh
Existing law provides expropriating authority to the state and its political subdivisions, and
certain corporations, limited liability companies, or other legal entities.
Existing 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.
New 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 new law in order to expropriate property.
New law provides that property may be expropriated exclusively by an "electric public
utility" as that term is defined in new 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 La.
Existing law provides that the generating plants, buildings, transmission lines, stations, and
substations expropriated or for which property was expropriated shall be so located,
constructed, operated, and maintained as not to be dangerous to persons or property nor
interfere with the use of the wires of other wire using companies or, more than is necessary,
with the convenience of the landowners. New law retains existing law.
New law also provides that the terms "Regional Transmission Organization" and
"Independent System Operator" shall have the same meaning as provided by existing federal
law.
New law provides that in the event that any provision or provisions of new 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))