The secretary must issue certain certificates when statutory conditions are met, may issue a certificate to some carbon dioxide transporters, and prior certificates remain valid.
§1107. Certificates of public convenience and necessity; certificate of completion of injection operations A.(1) The secretary shall issue a certificate of public convenience and necessity or a certificate of completion of injection operations to each person applying therefor if, after a public hearing pursuant to the provisions of R.S. 30:6 held in the parish where the storage facility is to be located, the secretary determines that it is required by the present or future public convenience and necessity, and such decision is based upon the following criteria: (a) The proposed storage facility meets the requirements of R.S. 30:1104(C). (b) The proposed storage facility meets the requirements of any rules adopted under this Chapter. (2) However, if any person has previously been issued a certificate of public convenience and necessity or a certificate of completion of injection operations by the secretary, that certificate continues to remain valid and in force. B. The secretary may issue a certificate of public convenience and necessity to a transporter of carbon dioxide applying therefor, 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 R.S. 30:6, the secretary determines that it is or will be in the present or future public interest to do so and finds one of the following: (1) The applicant requires the use of expropriation due solely to the presence of absentee owners that cannot be located after a reasonable attempt to do so. (2) The applicant is or intends to operate as a common carrier. C. Notwithstanding the provisions of Subsection B of this Section, if any transporter of carbon dioxide has previously been issued a certificate of public convenience and necessity prior to June 20, 2025, that certificate shall continue to remain valid and in force. D. The secretary shall issue a certificate of completion of injection operations to the operator applying therefor if, after a public hearing pursuant to R.S. 30:6, it is determined that such operator has met all of the conditions required for such certificate, including the requirements of R.S. 30:1109. E. Notwithstanding any provision of this Chapter or any rule, regulation, or order issued by the commissioner under this Chapter to the contrary, accepting or acting pursuant to a certificate of public convenience and necessity or a certificate of completion of injection operations issued under this Chapter; compliance with the provisions of this Chapter or with rules, regulations, or orders issued by the secretary under this Chapter; or voluntarily performing any act which could be required by the secretary pursuant to this Chapter or rules, regulations, or orders issued by the secretary under this Chapter shall not have the following consequences: (1) Cause any storage operator or transporter of carbon dioxide for storage to become or be classified as a common carrier or a public utility for any purpose whatsoever. (2) Subject any storage operator or transporter of carbon dioxide for storage to any duties, obligations, or liabilities as a common carrier or public utility under the constitution and laws of this state. (3) Increase the liability of any storage operator or transporter of carbon dioxide for storage for any taxes otherwise due to the state of Louisiana in the absence of any additions or amendments to any tax laws of this state. Acts 2009, No. 517, §2; Acts 2023, No. 378, §1, eff. June 14, 2023; Acts 2024, No. 620, §2; Acts 2025, No. 407, §1, eff. June 20, 2025; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.