Authorizes the governing authority of Vernon Parish to determine whether carbon dioxide sequestration and pipelines transporting carbon dioxide may be permitted within the parish
Authorizes the governing authority of Vernon Parish to determine whether carbon dioxide sequestration and pipelines transporting carbon dioxide may be permitted within the parish
House Bill 497 enacts three new provisions in the Louisiana Revised Statutes governing carbon dioxide transport and sequestration activities in Vernon Parish. The legislation adds R.S. 30:4(C)(17)(c), which subjects the Secretary of the Department of Conservation and Energy's authority over carbon dioxide projects to local option procedures; R.S. 30:1104(F), which prohibits the Secretary from issuing permits, orders, or certificates for Class VI injection wells, carbon dioxide sequestration, or carbon dioxide pipelines in any parish where such activities have been prohibited through the local option procedure; and R.S. 30:1104.3, which grants the Vernon Parish governing authority the power to adopt resolutions or ordinances determining whether Class VI injection wells, carbon dioxide sequestration, and carbon dioxide transportation pipelines may be located within the parish. The mechanism operates by allowing the parish governing authority to exercise its police power over public health, safety, and welfare by prohibiting these activities within parish boundaries, with any prohibition becoming effective upon adoption and requiring notice to the Department.
The practical effect of this legislation is to transfer authority over carbon dioxide projects in Vernon Parish from the state level to the local parish governing authority. Previously, the Department of Conservation and Energy possessed exclusive permitting authority for Class VI injection wells and carbon dioxide pipelines throughout the state. Under this bill, the Vernon Parish Police Jury can now block all such projects by ordinance or resolution, regardless of whether applications have already been submitted to the state department or preliminary approvals granted. This shift fundamentally alters the regulatory landscape for energy companies and developers seeking to site carbon dioxide sequestration or pipeline infrastructure in Vernon Parish, as they must now secure parish approval in addition to state permits, or face outright prohibition. The legislation directly responds to a November 17, 2025 resolution passed by the Vernon Parish Police Jury opposing carbon dioxide sequestration projects pending independent peer-reviewed verification of safety and informed consent from residents.
House Bill 497 operates within the statutory framework of Louisiana's energy regulatory scheme found in Title 30 of the Revised Statutes, specifically the sections addressing the Department of Conservation and Energy's jurisdiction and permitting authority over carbon dioxide projects. The bill creates an exception to the Secretary's delegated authority by inserting local option procedures as limitations on state permitting power. Notably, the legislation provides that any local determination made by the Vernon Parish governing authority shall supersede and preempt any conflicting state or local law, regulation, order, permit, or certificate, and that no prior applications or preliminary approvals shall confer vested rights if the parish subsequently prohibits the activity. This represents a significant assertion of local sovereignty over what have traditionally been state-regulated energy matters. The bill invokes the parish's police power under the Louisiana Constitution and includes a severability clause ensuring that if any provision is invalidated, the remaining provisions continue in effect.
AI-Generated Summary — For Reference Only. This summary was generated by artificial intelligence and may contain errors, misstatements, omissions, inconsistencies, or inaccuracies. It does not constitute legal advice and should not be relied upon as an authoritative interpretation of the bill or applicable law. Users should consult the official bill text, Louisiana Revised Statutes, and other primary legal authorities when forming any legal, regulatory, or policy conclusions. SessionSource assumes no liability for decisions made in reliance on AI-generated content.