Prohibits use of state funds in support of net-zero greenhouse gas emissions policies
Prohibits use of state funds in support of net-zero greenhouse gas emissions policies
House Bill 566 creates a new statutory provision codified as R.S. 39:77.1 that prohibits Louisiana state entities from using appropriated state funds for programs, initiatives, or activities directly tied to achieving net-zero greenhouse gas emissions goals as defined in the Climate Initiatives Task Force's February 2022 Louisiana Climate Action Plan. The law defines net-zero greenhouse gas emissions goals broadly to include objectives aimed at achieving net-zero emissions by a specified date, alignment with international climate agreements such as the Paris Climate Agreement, promotion of renewable energy transitions and electric vehicle incentives, and any policies promoting reduction of greenhouse gas emissions to net zero through clean energy transitions or methane management. State funds are defined as any monies appropriated by the state, except where federal law mandates expenditure without state discretion. The statute applies to all state agencies, departments, boards, commissions, and other state entities and creates a blanket prohibition on allocation, expenditure, or obligation of state funds for covered purposes.
The law provides four carve-outs from its prohibition: compliance with federal laws, regulations, or court orders that predate the effective date and are not discretionary; obligations under contracts or agreements entered into before the effective date; expenditures related to reduction of pollutants or harmful chemicals as identified by the Department of Environmental Quality; and emergency expenditures necessary for public health, safety, or disaster response that are not primarily aimed at achieving net-zero goals. Any citizen with knowledge of an alleged violation may bring a civil action in the district court where the state capitol is located to enjoin the violation, provided the information is obtained independently and not derived solely from criminal or civil proceedings, government audits or investigations, or news media disclosures without independent knowledge. Courts are authorized to award costs and reasonable attorney fees to prevailing plaintiffs or defendants, though defendants relying on a written opinion from the attorney general that their actions comply with the statute are protected from liability for the other party's costs and fees.
The statute operates within Louisiana's appropriations law framework codified in Title 39 of the Louisiana Revised Statutes and interacts with existing federal environmental law, state contract law, and the Department of Environmental Quality's regulatory authority. The application of this statute is limited to state funds appropriated for fiscal years beginning on or after July 1, 2026, and the entire provision sunsets on January 1, 2031. The provision allows for private enforcement through civil action, representing a departure from traditional administrative enforcement mechanisms, and the restriction on the sources of information citizens may rely upon in bringing suit reflects an intent to prevent lawsuits based solely on public disclosures or media reports without independent verification of alleged violations.
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