(by State Representative Chuck Owen, Citizens for a New Louisiana) — With the legislative session now over, here is a summary of Louisiana’s carbon capture, utilization, and storage (CCUS) landscape.

Key takeaway from the Legislative Session: The people of Louisiana have established a beachhead in this battle. With the voices and input of citizens acting as strong winds in our sails, the legislature passed, and the Governor signed four critical pieces of legislation that have changed the dynamic of CCUS in our state. The key bills are:

1. House Bill 304 by Representative Robby Carter (D-St. Helena Parish) now requires a dispute between a landowner and a company (with government authorization) trying to expropriate property via eminent domain for the CCUS pipeline to occur in the parish where the dispute arises. In short, if someone wants to take your property for a carbon pipeline and you don’t want to sell it to them, your court fight will be at home and NOT in Baton Rouge. A judge and jury of your peers will be the deciding authority, not a group of folks who may not know where your parish is in the State.
2. Senate Bill 73 by Senator Michael Reese (R-Vernon Parish) has three key provisions that are now law:
   1. If the Department of Energy and Natural Resources (DENR) is considering a permit by a firm who wants to put a carbon well in your parish, the Department must substantially consider what the parish government says about this activity. This is important for many reasons, but the main one is that your parish government knows a lot more about things in YOUR parish than the folks in Baton Rouge who are receiving requests from pipeline companies. DENR can choose to deny a permit based on substantial consideration from the local government (via public comment);
   2. To put a carbon well in a “unit” (area), 85% of landowners must agree on this activity. The previous law had this number at 75%. 85 is a significant increase, and it will ensure that the VAST majority of citizens who have one of these wells in or near them will get a say-so; and
   3. The bill establishes a “landman code of conduct” that lays out about 13 items/steps that a company must follow if it attempts to obtain a pipeline right of way using eminent domain.
3. Senate Bill 244 by Senator Bob Hensgens (R-Vermillion Parish) does a LOT of things tied to the reorganization of the Department of Energy and Natural Resources. The main thing it does for those interested in the CCUS debate is that it will require pipelines carrying carbon to be treated and held to the same standard as pipelines carrying marketable and public good commodities like oil, natural gas, and water. This is important for a lot of reasons. The bottom line is that any pipeline carrier who wants to cross your property will be held to a high standard and forced to demonstrate how they provide a public good in a dispute over access to the land. Great credit is due to Moss Bluff Representative Brett Geymann’s amendments to this bill that morphed SB244 from something very problematic to something good for our citizens. I’ve seen a lot of good and strong leaders in my professional life. Brett Geymann’s leadership throughout the session was exemplary, and much credit goes to him for holding fair hearings and helping carve out solutions to several significant problems.
4. House Bill 691, by Representative Dewith Carrier (R-Allen Parish), is an important safety bill. This law establishes additional mandatory incident reporting requirements for carbon dioxide storage facilities and increases civil penalties for willful or knowing failures to comply with mandatory reporting. The bill also provides for notice to the public and emergency response agencies.

Here Is My Summary of What Has Changed As a Result of the Session:

Property owners and local governments are now in a substantially better position to protect the places they live. If a CCUS company wants your property, there is a higher bar to achieve that objective. Even if they get past it, they must convince 12 of YOUR neighbors that they need to TAKE your land. As to the establishment of wells, MORE people have to agree to it now than before the legislative session.

Summary for the status of CCUS in the state: The people who want to do this are still here. Most of the people I’ve met who want to do this don’t live in the places where the wells are coming. It’s mostly CCUS companies and absent landowners, with one huge exception being in South Louisiana. There are places where CCUS is welcomed, and there are places where CCUS is not welcomed. My experience and analysis as all of this rolls out is that once citizens realize it is coming to them, they are standing up and asking questions. Recent and current pushbacks in West Baton Rouge Parish and Rapides Parish have been making news.

On a Related Front:

Some businesses want to come here and produce energy. However, their business models are predicated on finding something to do with the carbon waste they produce. This is an evolving element of the dynamic. I’ll write more about this later.

My position remains unchanged: I believe local governments and, most importantly, local landowners must decide if this business activity (waste storage) occurs. Both of my bills that tried to codify this as a reality were defeated in committee. However, the wins I spoke about earlier have gotten us to a great spot, and I am encouraged and thankful.

My effort to protect the citizens of the 30th and the citizens of Louisiana will continue. I have renewed energy and renewed focus. MUCH more to follow.

I just wanted to pass along these things for now. Please know that I am thankful for all the well wishes, prayers, and encouragement as we fought inch by inch for the rights of our citizens. Seeing the faces of Louisianans and hearing your resolute voices kept me going in tough moments. Thank you all for standing up and speaking up.