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HLSHCAHB5 26RS-1143209 ORIGINAL768 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Natural Resources and Environment to Original House Bill No.
5 BYby REPRESENTATIVESRepresentative MIKEMike JOHNSON,Johnson BUTLER,AMENDMENT DEWITT,NO. FIRMENT, OWEN, AND SCHAMERHORN ENERGY:
AuthorizesparishgoverningauthoritiesandcitizenstodeterminewhetherClass1 VIOn injectionpage wells,2, carbonline dioxide24, sequestration,after "by" and carbonbefore dioxide"ordinance" pipelinesdelete may"resolution beor" permittedAMENDMENT withinNO. a parish AN ACT ToenactR.S.
30:4(C)(17)(c),1104(F),2 andOn 1104.3,page relative2, toline carbondioxide27, sequestrationafter "any" and pipelinebefore permitting"ordinance" determinationsdelete by"resolution parishes;or" AMENDMENT NO.
to3 authorizeOn parishpage governing4, authoritiesline to5, determineafter whether"adopting" Classand VIbefore injection"ordinance" wells,change carbon"a dioxideresolution sequestration,or" andto pipelines"an" transportingPage carbon1 dioxideof may1 beCODING: permitted within a parish;
to authorize local option elections to determine whether Class VI wells, carbon dioxide sequestration, and pipelines transporting carbon dioxide may be permittedwithinaparish;toprovideproceduresforlocaloptionelections;toprovide for the authority of the secretaryof the Department of Conservation and Energy;
to provide for notice to the department;
to provide for severability;
to provide an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
30:4(C)(17)(c), 1104(F), and 1104.3 are hereby enacted to read as follows:
§4.
Jurisdiction, duties, and powers of the secretary;
rules and regulations * * * C.
Thesecretaryhasauthoritytomake,afternoticeandhearingsasprovided in this Chapter,anyreasonablerules,regulations, andordersthatarenecessaryfrom Page 1 of 5 CODING:
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HLS 26RS-114 ORIGINAL HB NO.
5 time to timein theproperadministration andenforcementofthis Chapter,including rules, regulations, or orders for the following purposes:
* * * (17) * * * (c) Thesecretary'sauthoritypursuanttothisParagraphshallbesubjecttothe local option procedures set forth in Chapter 11 of this Subtitle.
* * * §1104.
Duties and powers of the secretary;
rules and regulations;
permits * * * F.(1) Notwithstanding any provision of law to the contrary, the secretary shall not issue anyorder, permit, or certificate authorizing Class VI injection wells, carbon dioxide sequestration, or pipelines transportingcarbondioxide in anyparish where prohibited pursuant to the local option procedure set forth in this Chapter.
(2) Theprohibition containedin this Sectionshall preventthefinalissuance ofanyorder,permit, orcertificate,regardlessofwhetheranapplicationforthesame was previously submitted to the department.
* * * §1104.3.
Local option A.
A parish governing authority and the citizens of a parish may determine whether Class VI injection wells, carbon dioxide sequestration, or pipelines transporting carbon dioxide are permitted within a particular parish as provided in this Section.
B.(1) A parish governing authority may, by resolution or ordinance, determinewhetherornotClassVIinjectionwells,carbondioxidesequestration,and pipelines transporting carbon dioxide may be permitted within the parish.
(2) A copy of any resolution or ordinance passed for this purpose shall be provided to the department by the governing authority.
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HLS 26RS-114 ORIGINAL HB NO.
5 (3) Any prohibition passed by a governing authority pursuant to this Subsection shall become effective upon its adoption by the parish governing authority.
C.
In addition to the procedure provided in Subsection B of this Section, a parish-wide election may be held to determine whether or not Class VI injection wells,carbondioxidesequestration,orpipelinestransportingcarbondioxidewillbe allowed within that parish pursuant to the following procedures:
(1) A parish governing authority may call an election for this purpose upon its own initiative and shall call an election for this purpose when requested to do so by written petition signed by at least fifteen percent of the qualified electors of the parish, as certified by the parish registrar of voters.
Whether initiated by the parish governing authority or by petition, the election shall be ordered by a resolution adopted by the parish governing authority that states the purpose for which the election is being called and the date the election is to be held.
(2) Any election called pursuant to this Section shall be held in accordance withtheprovisionsoftheLouisianaElectionCodegoverningpropositionorquestion elections.
(3)(a) If a majority of the electors voting in the election vote to allow Class VI injection wells, carbon dioxide sequestration, or pipelines transporting carbon dioxide, then such activity may be permitted within the parish as provided by law.
(b) If a majorityof the electors voting in the election vote not to allow Class VI injection wells, carbon dioxide sequestration, or pipelines transporting carbon dioxide, then such activity shall be prohibited within the parish.
(4) Theparishgoverningauthoritythatorderedtheelectionshallpromulgate the results of the election by resolution or ordinance adopted at its first regular meeting after the election and shall notifythe department of the results.
(5) Elections authorized bythis Section shall not be held more than once in a five-year period.
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HLS 26RS-114 ORIGINAL HB NO.
5 (6) Any prohibition determined by an election pursuant to this Subsection shall be effective upon certification of the election results by the parish registrar of voters.
D.
In the event that there are conflicting determinations made by a parish governing authority adopting a resolution or ordinance pursuant to Subsection B of this Section and the results of an election held pursuant to Subsection C of this Section, the results of the election shall govern and may not be superseded by subsequent action taken bythe parish governing authorityalone until the expiration of five years from the date of the most recent election held for this purpose.
E.
AnylocaldeterminationmadepursuanttothisSectionshallsupersedeand preempt any conflicting state or local law, regulation, order, permit, or certificate.
No application, option agreement, site control agreement, or preliminary or draft approval shall confer vested rights or grandfathered authority inconsistent with a parish prohibition adopted pursuant to this Section.
Section2.
Ifanyprovision ofthis Actortheapplicationthereofisheldinvalid,such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are herebydeclared severable.
Section 3.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided byArticle III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governor and subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart of the legislative 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 5 Original 2026 Regular Session Mike Johnson Abstract:
Authorizes individual parishes to determine whether or not Class VI carbon dioxide injection wells, carbon dioxide sequestration, and pipelines transporting Page 4 of 5 CODING:
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HLS 26RS-114 ORIGINAL HB NO.
5 carbon dioxide may be permitted within their parish by action of the parish governing authority or by local option election.
Present law authorizes the Dept.
of Conservation and Energy to permit and regulate Class VI carbon dioxide injection wells, the geologic storage of carbon dioxide, and pipelines transporting carbon dioxide within the state.
Proposed law creates an exception to the dept.'s permitting authority for any parish where Class VIwells, carbondioxide sequestration, or pipelines transportingcarbondioxide have been prohibited by the local governing authority or by a local option election.
Proposedlawauthorizesparishgoverningauthoritiestodeterminebyresolutionorordinance whether Class VI wells, carbon dioxide sequestration, or pipelines transporting carbon dioxide may be permitted within the parish.
Proposed law provides that any prohibition by a local governing authority will be effective upon its adoption.
Proposedlawfurtherauthorizesparishgoverningauthoritiesto orderaparish-wideelection ontheirowninitiativeforelectorsoftheparishto determinewhetherClass VIwells,carbon dioxide sequestration, or pipelines transporting carbon dioxide should be permitted in the parish.
Proposed law requires a parish governing authority to order a parish-wide election if 15% of the qualified electors of the parish sign a petition requesting an election on the question of whether Class VI wells, carbon dioxide sequestration, or pipelines transporting carbon dioxide should be permitted within the parish.
Proposed law requires that this petition be certified by the parish registrar of voters.
Proposed law requires the parish governing authority to pass the results of any election by resolution or ordinance.
Proposedlawprovidesthat anyprohibition determined in an election will be effectiveupon certification of the election results.
Proposed law only allows for one election to be held for this purpose within a five-year period.
Proposed law provides that any conflict between an independent action of the parish governing authorityand the results of an election called for this purpose will be resolved in favor of the election results.
If such a conflict occurs, proposed law also provides that the prevailing election results cannot be superseded by any independent action of the parish governing authority for five years following the election.
Proposed law requires the parish governing authority to notify the dept.
of any resolution, ordinance, or election results stemming from proposed law.
Proposed law provides that a local determination made under proposed law will supersede any conflicting laws, regulations, or actions of the dept.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S.
30:4(C)(17)(c), 1104(F), and 1104.3) Page 5 of 5 CODING: