Estalishes notice and public hearing requirements prior to issuance of orders, permits, or certificates for carbon dioxide sequestration (OR INCREASE SD EX See Note)

House Bill 840 amends the Louisiana Revised Statutes Chapter 30 governing carbon dioxide sequestration by substantially expanding notice and public hearing requirements for the issuance of orders, permits, and certificates by the secretary of the Department of Conservation and Energy. The bill modifies R.S. 30:1105 and 1107 to require that before issuing any order, permit, or certificate under the chapter, the secretary must provide notice to the governing authorities of affected parishes and conduct public hearings to receive comments from the general public. New subsection 1105(B)(2) mandates that a hearing to receive public comment be held in every parish in which a pipeline for transporting carbon dioxide will be constructed. The bill further requires notice and public hearing opportunities for certificates of public convenience and necessity and certificates of completion of injection operations, replacing the previous reference to R.S. 30:6 hearing procedures with the more expansive requirements of R.S. 30:1105. Additionally, the bill adds new subsection 1105(E) requiring the secretary to give substantial consideration to local government comments when determining the appropriate course of action in matters requiring public comment periods or hearings.

The practical effect of this legislation extends to carbon dioxide transport and sequestration operators, local parish governments, and the general public in parishes where carbon dioxide pipelines are proposed or existing. Operators seeking permits or certificates must now factor in the time and logistical requirements of holding public hearings in multiple affected parishes, potentially extending the permitting timeline and increasing costs for project development. Parish governing authorities, including parish presidents, police jury presidents, or mayors-president depending on the form of government, will receive electronic notice of proposed projects and must participate in or facilitate public hearing processes. Citizens and interested parties in affected parishes gain expanded opportunities to comment on carbon dioxide sequestration operations beyond the limited participation permitted under previous R.S. 30:6 hearing procedures, allowing broader engagement in the decision-making process.

House Bill 840 operates within the existing regulatory framework established in Louisiana Revised Statutes Title 30, which governs natural resources including oil and gas operations and underground storage. The bill modifies the procedural requirements that control how the Department of Conservation and Energy's secretary exercises authority to issue permits and certificates for carbon dioxide sequestration projects. The changes shift from the hearing procedures specified in R.S. 30:6, which provided opportunities for specific parties of interest, to the more comprehensive notice and public hearing framework established by R.S. 30:1105 as amended. The requirement that the secretary give substantial consideration to local government comments creates a legal obligation to account for parish-level input in administrative decisions, potentially establishing grounds for judicial review if the secretary fails to adequately consider such comments or fails to explain why local government concerns were rejected.