HB 79 — CIVIL/LAW: Removes damage threshold for carbon capture release

HLSENROLLED 26RS-572 ENGROSSED Regular Session HOUSE BILL NO.

79 BY REPRESENTATIVEREPRESENTATIVES ROBBY CARTERCARTER, CIVIL/LAW:MIKE JOHNSON, MCCORMICK, AND OWEN AN ACT To amend and reenactR.S.

Removes damage threshold for carbon capture release AN ACT To amend and reenactR.S.

limited liability release * * * B.(1) In any civil liability action against the owner or operator of a storage facility,facility,carbondioxidetransmission carbondioxidetransmission pipeline,orthegeneratorofthecarbondioxide being handled by either the facility or pipeline, the maximum amount recoverable as compensatorydamages for noneconomic loss shall not exceed two hundred fifty thousand dollars per person, except where the damages for noneconomic loss sufferedbytheplaintiffwereforwrongfuldeath;permanentandsubstantialphysical deformity;

or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life- sustaining activitieInactivitiesIn such cases, the maximum amount recoverable as compensatorydamagesfornoneconomiclossshallnotexceedfivehundredthousandPage dollars1 perof person.3 CODING:

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HLS 26RS-572 ENGROSSED HB NO.

79 (2)ENROLLED Ifcompensatorydamagesfornoneconomiclossshallnotexceedfivehundredthousand Paragraph (1) of this Subsection, or the application thereof to any personorcircumstance,isfinallydeterminedbyacourtoflawtobeunconstitutional orotherwiseinvalid,themaximumamountrecoverableasdamagesfornoneconomic loss shall thereafter not exceed one million dollars per person.

(2) If Paragraph (1) of this Subsection, or the application thereof to any personorcircumstance,isfinallydeterminedbyacourtoflawtobeunconstitutional orotherwiseinvalid,themaximumamountrecoverableasdamagesfornoneconomic loss shall thereafter not exceed one million dollars per person.

Nothingin thisChaptershallestablishorcreateestablishesorcreatesanythis Chaptershallestablishorcreateestablishesorcreatesany liability or responsibility on the part of the secretary or the state to pay any costs associatedwithsiterestorationfromanysourceotherthanthefundsortrustscreated bythis Chapter, nor shall the secretaryor the state of Louisiana have anyliability or responsibility to make any payments for costs associated with site restoration if the trusts created herein are insufficient to do so.

ThesecretaryshallimplementthisSectioninamannerconsistentwith and as the secretarydeems necessaryto carrycarryout out the purposes and requirements of thefederalSafeDrinkingWaterAct,asamended,relatingtothefederalSafeDrinkingWaterAct,as thestate'sparticipationamended,relatingto thestate's participation intheundergroundinjectioncontrolprogramestablishedunderthatActwithrespect to the storage and sequestration of carbon dioxide, including but not limited to the state'sPage authority2 toof restrain3 anyCODING: person from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment.

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HLS 26RS-572 ENGROSSED HB NO.

79 SectionENROLLED 2.state's authority to restrain any person from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment.

Section 2.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes3 nopart of the3 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 79 Engrossed 2026 Regular Session Robby Carter Abstract:

Removesthedamagecapsforinjuriesresultingfromcarboncaptureandstorage.

Present law provides for civil liability actions against owners and operators of carbon dioxide storage facilities and carbon dioxide transmission pipelines and generators of the carbondioxide beingtransported or stored bya facilityor pipeline with the generallimit on compensatory damages for noneconomic losses at $250,000 per person and the limit for exceptional cases at $500,000 per person.

Present law also provides the maximum amount recoverable for noneconomic losses at $1 million per person in the event the liability limits under present law are found to be unconstitutional.

Proposed law removes the present law limitation of liabilityon anydamages resultingfrom carbon capture and storage.

(Amends R.S.

30:1109(B)-(F);

Repeals R.S.

30:1109(G)) Page 3 of 3 CODING: