Requires advance notice to surface and mineral owners prior to permitting or performing carbon dioxide sequestration activities (RE NO IMPACT SG EX See Note)
Summary
HB 585 amends Louisiana’s notice requirements for carbon dioxide sequestration-related permitting, focusing on Class VI geologic sequestration permits and Class V stratigraphic test well permits. The bill prohibits carbon capture, use, or sequestration activities unrelated to enhanced oil and gas recovery, and the related permitting process, unless advance written notice is first sent by certified mail to affected property interests.
For Class VI permits, applicants must make a good-faith effort to notify the last operator of record for nearby oil and gas wells, all known mineral interest owners within the area of review, and all surface owners whose property may be burdened by the proposed storage project. For Class V stratigraphic test wells, similar notice is required for parties within 500 feet of the proposed well. The bill also requires the Department of Energy and Natural Resources to post permit notices on its website, and it makes notice a condition of administrative completeness for the application.
Impact
The bill amends R.S. 30:1115 and expands the set of parties entitled to notice before carbon dioxide sequestration-related permits may proceed. It changes state law to require certified-mail notice to surface owners, mineral owners, mineral servitude owners, mineral lessees, operators acting on their behalf, and last operators of record for nearby wells, and it allows surface-owner notice to be satisfied through parish assessor records. It also ties notice compliance to permit completeness, giving the department and applicants a clearer procedural prerequisite before Class V or Class VI permitting can move forward.
Sentiment
The bill appears to have received substantial support in the House, passing final passage 68-23. The overall tone of the measure is protective of landowners and mineral-interest holders, emphasizing advance notice and transparency before sequestration activity can affect property rights. The vote margin suggests broad but not unanimous agreement, with a meaningful minority opposed.
Contention
The main point of contention is the balance between promoting carbon dioxide sequestration projects and protecting private property and mineral rights. Supporters are likely focused on ensuring that surface owners, mineral owners, and existing oil and gas operators receive meaningful notice before projects proceed, while opponents may view the bill as adding procedural hurdles that could slow or complicate carbon capture and sequestration development. The requirement that notice be completed before an application is considered complete, along with the certified-mail mandate and expanded list of recipients, are the most likely sources of disagreement.