§1107. Certificates of public convenience and necessity; certificate of completion of
injection operations
A. The commissioner 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, he determines that it is required by the present or future public
convenience and necessity, and such decision is based upon the following criteria; (1) the
proposed storage facility meets the requirements of R.S. 30:1104(C) and (2) the proposed
storage facility meets the requirements of any rules adopted under this Chapter. 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 commissioner, that certificate
continues to remain valid and in force.
B. The commissioner 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.
C. 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 commissioner under this Chapter or voluntarily
performing any act which could be required by the commissioner pursuant to this Chapter
or rules, regulations, or orders issued by the commissioner 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.