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Current as of January 01, 2023 | Updated by Findlaw Staff
A. Upon commencement of Class VI injection operations for the geologic storage of carbon dioxide beneath any land or water bottoms owned by a state agency, whether owned in a public or private capacity, any injection-based revenue collected by the state agency, or by the office of mineral resources on behalf of that agency, shall be immediately forwarded to the state treasurer for deposit into the state treasury. After complying with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the state treasurer shall remit the funds as provided in this Section.
B. Pursuant to the authority granted to the legislature by Article VII, Section 10-A(A)(1) of the Constitution of Louisiana, for injection-based revenue collected on behalf of the Department of Wildlife and Fisheries or the Wildlife and Fisheries Commission, the revenue shall be distributed as follows:
(1) Thirty percent of the revenue shall be remitted to the governing authority of the parish or parishes within the area of review of the storage facility. If more than one parish is included in the area of review, each parish shall be entitled to a proportionate share of the revenue based on the relative proportion of surface area directly above the area of review located in each parish.
(2) The remainder shall be deposited into the Louisiana Wildlife and Fisheries Conservation Fund.
C. For injection-based revenue collected on behalf of any other state agency, the revenue shall be distributed as follows:
(1) Thirty percent of the revenue shall be remitted to the governing authority of the parish or parishes within the area of review of the storage facility. If more than one parish is included in the area of review, each parish shall be entitled to a proportionate share of the revenue based on the relative proportion of surface area directly above the area of review located in each parish.
(2) The remainder shall be deposited into the state general fund.
D. For the purposes of this Section, the term “injection-based revenue” includes but is not limited to injection fees, contractual minimum guaranteed annual payments, and any other revenue derived from injection operations. Revenue collected from bonuses, rentals, pipeline rights-of-way, or other payments for surface use or surface facilities are not included in the distribution required by this Section.
E. The state agency, or the office of mineral resources on behalf of that agency, shall submit a monthly report to the Department of the Treasury and the relevant parish governing authority itemizing the prior month's collections from injection operations for each storage facility.
F. Upon request of a parish entitled to revenue pursuant to this Section, the Department of Conservation and Energy is authorized to disclose to the parish governing authority any storage facility data that is relevant to the calculation of payments due.
G. This Section only applies to property owned by state agencies and shall not be construed to apply to local governmental entities.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 30, § 209.3. Storage of carbon dioxide; distribution of funds; state agency property - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-30-sect-209-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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