reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-919 - Adherence to Laws and Regulations [Formerly LAC 43:I.1119]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall comply with all
				  applicable environmental laws and regulations and any other federal, state, or
				  local law, regulation, standard, or resolution passed by the board, which may
				  be applicable to alternative energy source activities. The board may require
				  lessee to obtain any environmental or other permits or licenses required before
				  applying for an AESL.
B. The board
				  shall have the option of terminating the AESL agreement should the lessee fail
				  to abide by such rules, regulations and resolutions; provided, however, the
				  board shall give the lessee written notice of any such violation and 10 days in
				  which to correct such violation, in which event, should said violation not be
				  corrected, the board, without further notice, may terminate the AESL agreement.
C. With respect to violations of
				  rules, regulations, or resolutions of the federal government or its agencies,
				  when the state is notified of a violation by the lessee, the board, through
				  OMR, shall notify the lessee and may suspend operations under the AESL
				  agreement while allowing the lessee a reasonable set time to resolve the issues
				  with the appropriate federal authority, and, if resolution is not obtained in a
				  reasonable time, terminate the AESL agreement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-920 - Alternative Energy Source Lease Size [Formerly LAC 43:I.1120]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall determine the size of each
				  lease based on the acreage required to accommodate the anticipated activities.
				  The AESL shall include the minimum area that will allow the lessee sufficient
				  space to develop the AESP and manage activities in a manner that is consistent
				  with the provisions of this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-921 - Construction and Operations Plan (COP) [Formerly LAC 43:I.1121]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with the requirements of this Chapter, all AESL applicants must submit to the
				  board, or its authorized representative, a Construction and Operations Plan
				  (COP). The COP shall describe the proposed construction, operations, and
				  conceptual decommissioning plans under the AESL, and shall:
1. describe all planned facilities the lessee
				  will construct and use for the AESP, including onshore and support
				  facilities;
2. describe all
				  proposed activities, including the proposed construction activities, commercial
				  operations, and conceptual decommissioning plans for all planned facilities,
				  including onshore and support facilities;
3. certify that the AESP conforms to all
				  applicable laws, implementing regulations, lease provisions, and stipulations
				  or conditions;
4. certify that the
				  AESP does not cause undue harm or damage to natural resources; life (including
				  human and wildlife); property; the marine, coastal, riverine, or human
				  environment; or sites, structures, or objects of historical or archaeological
				  significance;
5. Certify that the
				  AESP does not unreasonably adversely impact, interfere or impede the
				  navigability of waterways nor interfere with the dredging or maintenance of a
				  waterway for navigation purposes.
6. certify that the AESP does not
				  unreasonably adversely impact, interfere or impede other users of a
				  waterway;
7. certify and
				  demonstrate as needed that the AESP uses the best management practices and the
				  best available and safest technology;
8. provide a detailed explanation showing how
				  the AESP will not damage state owned lands and water bottoms and port authority
				  facilities or property and public or private property such as bridges, docks,
				  and piers;
9. provide a detailed
				  explanation of the waterway marking system that the lessee shall install to aid
				  navigation by marking obstructions in the navigable waters of the
				  state.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-922 - Navigation Aid [Formerly LAC 43:I.1122]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The alternative energy source lessee shall
				  construct, maintain, and operate at its own expense such lights and signals as
				  may be directed by either FERC or the secretary of the department in which the
				  Coast Guard is operating, and as may be required by the Port Authority or DOTD.
				  The Port Authority or DOTD may only impose stricter navigation aid standards
				  than those required by FERC or the Coast Guard.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-923 - State Indemnity [Formerly LAC 43:I.1123]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The alternative energy source lessee shall
				  defend, indemnify and hold harmless the state (and its designated officials)
				  and its political subdivisions against any expenses, losses, costs, damages,
				  claims (including, without limitation, claims for loss of life or illness to
				  persons, or for damage to property), actions, proceedings, or liabilities of
				  any kind, character or type arising out of or in any way connected to the AESL
				  agreement as allowed by law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-924 - Easements and Rights-of-Way [Formerly LAC 43:I.1124]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall be responsible for
				  securing authorization, easements, rights-of-way, leases or permission
				  necessary to obtain access to state lands or water bottoms. The AESL agreement
				  shall not provide access to any waterway.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section V-925 - Notification Requirements [Formerly LAC 43:I.1125]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall notify the board in
				  writing within five business days after the lessee files any action alleging
				  insolvency or bankruptcy.
B. The
				  lessee shall notify the board, through OMR, in writing within 30 days of any
				  merger, name change, or change of address and contact information.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-929 - Overview of an Alternative Energy Source Lease Acquisition Process [Formerly LAC 43:I.1129]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Leases
				  for the exploration, development and/or production of an alternative energy
				  source on state lands or water bottoms under Chapter 14-A of Title 41 of the
				  Louisiana Revised Statutes of 1950 shall be acquired from the board, through
				  OMR, through a public bid process as set forth in this Chapter or as designated
				  in a separate alternative energy source Subpart. The general steps in the AESL
				  acquisition process are as follows:
1.
				  registration;
2. pre-nomination
				  requirements;
3. nomination of
				  state lands or water bottoms for an AESL;
4. examination and evaluation of the
				  nomination;
5. advertisement of
				  state tract(s) offered for an AESL, including a request for bids and/or
				  comments;
6. submission of bids on
				  a state tract for an AESL;
7.
				  examination and evaluation of bids for an AESL;
8. award of an AESL;
9. issuance and execution of an
				  AESL.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-930 - Registration [Formerly LAC 43:I.1130]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons or business entities applying
				  for an AESL shall register with the board, through OMR, prior to submitting an
				  application and, thereafter, renew their registration annually by January
				  31.
B. Registration consists of
				  submitting a completed official Prospective Leaseholder Registration Form
				  (obtainable from the board, through OMR,) and appropriate documentation from
				  the Louisiana Secretary of States Office to the board, through OMR, as follows.
1. Individual/Sole Proprietorship-no
				  additional documents required.
2.
				  Corporation-Louisiana Secretary of State "Detailed Record" webpage indicating
				  good standing status.
3. Limited
				  Liability Company-Louisiana Secretary of State "Detailed Record" webpage
				  indicating good standing status.
4.
				  Partnership-Louisiana Secretary of State "Detailed Record" webpage indicating
				  active status.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-931 - Pre-Nomination Requirements [Formerly LAC 43:I.1131]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to any nomination of state lands or
				  water bottoms for an AESL, the nominating party shall:
1. conduct research prior to nomination to
				  determine and confirm that the state land or water bottoms are available for
				  the AESL and are claimed by the state;
2. provide a copy of the compromise
				  instrument(s), or judgment(s) that establish(es) the state ownership interest,
				  if the state lands or water bottoms include a legal area;
3. certify that the user(s) of any active or
				  non-released land use agreement granted by the state on nominated land or water
				  bottoms has been notified of the proposed AESL;
4. provide an affidavit, in authentic form,
				  attesting that:
a. there are no encumbrances,
				  including, but not limited to, current state leases, areas nominated for lease,
				  or pipeline rights-of-way on state lands or water bottoms.;
b. any and all users of state lands or water
				  bottoms to be nominated for an AESL have been notified of the proposed AESL.
				  The affidavit shall include:
i. the official
				  name and/or number of the governing agreement;
ii. the official name of the state entity
				  that granted the governing agreement.
5. it is the responsibility of the
				  alternative energy source applicant to consult and coordinate with the Port
				  Authority with jurisdiction over lands or navigable water bottoms located
				  within, or immediately adjacent to, the proposed AESL tract. An AESL cannot be
				  issued without the written approval of the Port Authority with jurisdiction
				  within the AESL area.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-933 - Examination and Evaluation of Nomination for an Alternative Energy Source Lease [Formerly LAC 43:I.1133]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  verification by the board, through OMR, that the AESL nomination complies with
				  legal, procedural and technical requirements, as well as with any current
				  policies and practices:
1. The board, through
				  OMR, shall evaluate the AESL nomination. If the nomination is acceptable, OMR
				  shall:
a. place the AESL nomination tract on
				  the board Nomination and Tract Evaluation Committee Agenda for the next regular
				  scheduled board meeting;
b.
				  recommend to the board, pursuant to §1134, that a public bid process be
				  conducted to advertise the nomination.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-934 - Advertisement of a State Tract Offered for an Alternative Energy Source Lease and Request for Bids [Formerly LAC 43:I.1134]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, through OMR, shall publish an
				  advertisement of the state tract offered for an AESL and request for bids in
				  the official journal of the state and official journal(s) of the parish(es)
				  where the land(s) is/are located, and, at its discretion, no less than 60 and
				  no more than 120 days prior to the date for the public opening of bids. The
				  advertisement shall contain the following, which shall constitute judicial
				  advertisement and legal notice pursuant to Chapter 5 of Title 43 of the
				  Louisiana Revised Statutes of 1950:
1. a
				  legal description of the nominated acreage;
2. the official tract number of the nominated
				  acreage;
3. the gross and net
				  amount of state lands or water bottoms nominated;
4. the date, time and place where the sealed
				  bids will be received and publicly opened. Once a bid is submitted, it may not
				  be withdrawn or cancelled. The board does not obligate itself to accept any
				  bid. Bid acceptance or rejection is at the sole discretion of the board which
				  reserves the right to reject any and all bids or to grant an AESL on any
				  portion of state lands or water bottom tracts advertised and to withdraw the
				  remainder of the tract.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-936 - Protest of an Alternative Energy Source Lease [Formerly LAC 43:I.1136]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a party wants
				  to protest the issuance of an AESL for a state tract, the party shall submit a
				  formal letter of protest to the board at least seven days prior to the boards
				  scheduled meeting to consider the AESL on the tract (generally, the lease sale
				  date). The letter of protest shall reference the appropriate tract number,
				  parish, and board lease sale date, as well as set forth the source and nature
				  of the title claimed, how and when acquired, and by what legal
				  process.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-937 - Examination and Evaluation of Bids for an Alternative Energy Source Lease [Formerly LAC 43:I.1137]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sealed
				  bids for a state AESL shall be publicly opened and read aloud on the date
				  advertised for the public opening of bids (generally, the lease sale date at
				  which the tract is offered) in the LaBelle Room, also known as the Conservation
				  and Mineral Resources Hearing Room, located on the first floor of the LaSalle
				  Building at 617 North Third Street, Baton Rouge, LA. The board shall defer
				  action on the bids for the AESL until completion of the pending examination and
				  evaluation of the bids by its staff, but no more than 120 calendar days after
				  the opening of the bid. The board staff shall examine and evaluate the bids to
				  confirm compliance with legal, procedural and technical requirements, as well
				  as with any current policies and practices, based on available data and
				  analyses.
B. If examination of the
				  successful bid acreage amount reveals that there is more or less state acreage
				  than the amount bid on, without exceeding the boundaries advertised, the dollar
				  amount (bonus) shall be adjusted accordingly.
C. The board has the authority to accept or
				  reject any bid.
D. The cash bonus
				  and the administrative fee paid shall be negotiated and transmitted for
				  processing in accordance with law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-938 - Award of an Alternative Energy Source Lease [Formerly LAC 43:I.1138]

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the next
				  regular board meeting following conclusion of the staff's examination and
				  evaluation of the bids for an AESL, after the staff has technically briefed the
				  board in executive session as to the merit of the bids and the approval of the
				  COP, the board shall reconvene in open session at the lease sale. The OMR
				  designee shall publicly announce the staff's recommendations to the board as to
				  which bids should be accepted and which bids should be rejected, and providing
				  the reasons for rejection. The board shall announce its AESL award decision at
				  the lease sale.
B. Information,
				  including bids, all required authorizations and approvals, and award of any
				  AESL shall be published in the DNR Strategic Online Natural Resources
				  Information System ("SONRIS").
C.
				  The cash bonus and administrative fee, as required pursuant to §904, shall
				  be due within 24 hours of the award of the AESL. Payments shall be made payable
				  to the "Office of Mineral Resources" via certified funds, bank money order,
				  cashiers check, bank wire, or Automated Clearing House (ACH) transfer. Failure
				  to submit payments within 24 hours of the award of the AESL shall be deemed
				  forfeiture by the applicant of the AESL.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section V-939 - Issuance and Execution of an Alternative Energy Source Lease [Formerly LAC 43:I.1139]

Current through Register Vol. 50, No. 6, June 20, 2024
A. OMR
				  shall assign an AESL number to each lease awarded by the board, prepare the
				  AESL as awarded, and mail no less than three original copies, properly executed
				  by the board, to the alternative energy source lessee, via certified USPS mail,
				  return receipt requested.
B. Upon
				  receipt of the lease package via certified mail, the alternative energy source
				  lessee will have 20 days from the date on the certified mail receipt or, if no
				  date is affixed thereon, from the date the board, through OMR, receives the
				  certified mail receipt, to return to the board, through OMR, one fully executed
				  original lease contract and the recordation information from each parish
				  wherein it is recorded. Failure to return one fully executed original lease
				  contract and the recordation information from each parish wherein the lease is
				  recorded to the board, through OMR, within 20 days may result in forfeiture of
				  the AESL, including the dollar amount (bonus) and 10 percent administrative
				  fee. Failure to follow the notarization requirements of
				  R.S.
				  35:12 shall cause the lease to be
				  rejected.
C. Any party may request
				  proof that a particular AESL granted by the board was timely executed by using
				  the official form available from OMR. Proof of timely execution of lease
				  consists of a certificate issued by the board, through OMR, certifying that the
				  lease was received by the board, through OMR, duly executed by the lessee,
				  within the allotted 20 day period. There is a fee of $5 for providing proof of
				  timely execution of a lease.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter C - Alternative Energy Source Lease Suspension or Cancellation › Section V-945 - Partial or Full Suspension of an Alternative Energy Source Lease [Formerly LAC 43:I.1145]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board, or an authorized representative of the board, may order a suspension
				  after notice and opportunity for a hearing of the AESL under the following
				  circumstances:
1. when necessary to comply
				  with judicial decrees prohibiting some or all activities under the
				  AESL;
2. when continued activities
				  pose an imminent threat of serious or irreparable harm or damage to natural
				  resources, life (including human and wildlife), property, the marine, coastal,
				  riverine, or human environment, or sites, structures, or objects of historical
				  or archaeological significance;
3.
				  when the alternative energy source operations adversely impact, impede,
				  obstruct, or interfere with the navigability of any waterway, the use of the
				  waterway by other users, or interfere with maritime commerce or the
				  recreational use of the waterway;
4. lessee or its operator fails to comply
				  with an applicable law, regulation, order, resolution, or provision of the
				  AESL.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter C - Alternative Energy Source Lease Suspension or Cancellation › Section V-946 - Suspension Order [Formerly LAC 43:I.1146]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, or its authorized
				  representative, shall issue a suspension order in accordance with the following
				  procedures:
1. The suspension order may be in
				  oral form or in writing.
2. The
				  board, or its authorized representative, will send the lessee a written
				  suspension order as soon as practicable after issuing an oral suspension
				  order.
3. The written order shall
				  explain the reasons for issuance and describe the effect of the suspension
				  order on the AESL and any associated activities. The board, or its authorized
				  representative, may authorize certain activities or require the removal of
				  certain equipment at the lessees expense during the period of the suspension,
				  as set forth in the suspension order.
4. The lessee shall have the right to have a
				  hearing at the next scheduled board meeting to petition for the revocation of
				  the suspension order.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter C - Alternative Energy Source Lease Suspension or Cancellation › Section V-947 - Equipment Removal Order or Cancellation of an Alternative Energy Source Lease [Formerly LAC 43:I.1147]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board shall cancel any AESL issued under this Part upon proof that the AESL was
				  obtained by fraud or misrepresentation, and after notice and opportunity to be
				  heard has been afforded to the lessee.
B. The board may cancel an AESL issued under
				  this Part if the board determines, after notice and opportunity for a hearing,
				  that the lessee has failed to comply with any applicable provision of these
				  rules, any order of the board, or any term, condition or stipulation contained
				  in the AESL, and that the failure to comply continued for 30 days (or other
				  period the board specifies) after lessee received notice from the board or its
				  authorized representative of non-compliance.
C. The board may cancel the AESL and/or
				  require the lessee to suspend its operations and remove all equipment at
				  lessees cost from the state lands or water bottoms at any time if the state
				  determines, after the lessee has been given notice and a reasonable opportunity
				  to be heard, that:
1. continued operations
				  under the AESL will cause serious harm or damage to biological resources,
				  property, oil, gas or other mineral resource development activities, the
				  environment (including, but not limited to, the human environment), impede,
				  obstruct or adversely impact navigation or use of the waterway, have a
				  detrimental effect on vessel safety, or if required for the dredging of the
				  waterway;
2. the threat of harm or
				  damage, the impediment or obstruction on navigation, or the detrimental effect
				  on vessel safety exists within an unacceptable limit and cannot be eliminated
				  or reduced to an acceptable limit within a reasonable period of time;
3. the economic advantages of cancellation
				  outweigh the economic advantages of continuing either the AESL in effect or
				  continued operations under the AESL.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter C - Alternative Energy Source Lease Suspension or Cancellation › Section V-948 - Effect of a Suspension Order on an Alternative Energy Source Lease [Formerly LAC 43:I.1148]

Current through Register Vol. 50, No. 6, June 20, 2024
A. During
				  the time the board, or its authorized representative, evaluates a lessees
				  request for removal of the suspension issued under §946 of this Chapter,
				  the lessee must continue to fulfill its payment obligation until the end of the
				  original term of the AESL. If the board or its authorized representatives
				  evaluation goes beyond the end of the original term of the AESL, the term of
				  the AESL shall be extended for the period of time necessary for the board, or
				  its authorized representative, to complete its evaluation of the removal of
				  suspension request. During this extended period of time, the lessee shall not
				  be required to make payments.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section V-953 - Financial Assurance Instrument [Formerly LAC 43:I.1153]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before the board may issue an AESL or
				  approve an assignment of an existing AESL, the lessee or proposed assignee must
				  provide either:
1. a lease-specific bond in
				  an amount set by the board, in an amount no less than $500,000;
2. an approved financial assurance instrument
				  in the amount required in Paragraph A.1 of this Subpart and as authorized by
				  the board pursuant to §955
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section V-954 - Insurance Requirement [Formerly LAC 43:I.1154]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall purchase and maintain,
				  for the duration of the AESL, insurance against claims for injuries to persons
				  or damages to property which may arise from or in connection with the lessee's
				  operation and use of the leased premises. The cost of such insurance shall be
				  borne by the lessee.
B. The lessee
				  shall obtain at its own cost and expense the following insurance placed with
				  insurance companies authorized to do business in the state with A.M. Best
				  ratings of A-:VI or higher. This rating requirement may be waived for workers
				  compensation coverage only.
1. Workers
				  Compensation. Workers Compensation Insurance shall be in compliance with the
				  Workers Compensation Law of the state of the contractors headquarters.
				  Employers Liability is included with a minimum limit of $500,000 per
				  accident/per disease/per employee. If work is to be performed over water and
				  involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law
				  coverage shall be included and the Employers Liability limit increased to a
				  minimum of $1,000,000. A.M. Best's insurance company rating requirement may be
				  waived for workers compensation coverage only.
2. Commercial General Liability. Commercial
				  General Liability Insurance, including Personal and Advertising Injury
				  Liability, shall have a minimum limit per occurrence of $1,000,000 and a
				  minimum general aggregate of $2,000,000. The Insurance Services Office (ISO)
				  Commercial General Liability Occurrence Coverage Form CG 00 01 (current form
				  approved for use), or equivalent, is to be used in the policy. A claims-made
				  form is unacceptable.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section V-955 - Financial Assurance Amount Determination [Formerly LAC 43:I.1155]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The boards determination of the amount of
				  the financial assurance required shall be based on estimates of the lessees
				  cost to meet all accrued lease obligations, including, but not limited to,
				  decommissioning.
B. The amount of
				  the supplemental and decommissioning financial assurance requirements, if
				  required by the board, shall be determined on a case-by-case basis. The amount
				  of the financial assurance shall be no less than the amount required to meet
				  all lease obligations, including:
1. the
				  projected amount of rent and other payments due to the state for a 12 month
				  period commencing the date the funds become necessary;
2. any past due rent and other
				  payments;
3. any other monetary
				  obligations;
4. the estimated cost
				  of facility decommissioning, as required in Subpart E of this
				  Chapter.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section V-956 - Bankruptcy or Lapse of Financial Assurance or Insurance [Formerly LAC 43:I.1156]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the lessee
				  becomes bankrupt or insolvent, or if the approved financial assurance expires
				  for any reason, the lessee shall:
1. notify
				  the board or its authorized representative within five business days of the
				  expiration of existing financial assurance and/or insurance. Lessees failure to
				  renew or obtain new financial assurance and/or insurance prior to the
				  expiration of existing financial assurance and/or insurance shall automatically
				  suspend all rights granted to the lessee under the AESL. lessees failure to
				  obtain coverage within 90 days after termination of the required security
				  and/or insurance shall result in termination of the AESL;
2. notify the board or its authorized
				  representative within five business days of the initiation of any judicial or
				  administrative proceeding alleging insolvency or bankruptcy;
3. notify the board or its authorized
				  representative within five business days after the lessee learns of any action
				  filed alleging that the lessees surety, or third-party guarantor, is insolvent
				  or bankrupt.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section V-957 - Financial Assurance Company Rating [Formerly LAC 43:I.1157]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The financial assurance must be supplied
				  by a company to whom A.M. Best Company has given not less than an "A"
				  rating.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-961 - Decommissioning Liability [Formerly LAC 43:I.1161]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Lessees, successors and/or assignees are
				  jointly and solidarily responsible for meeting the decommissioning obligations
				  for facilities on each AESL, including all obstructions, as the obligations
				  accrue and until each obligation is met.
B. The decommissioning obligation will begin
				  when a lessee, sub-lessee, assignee, or successor installs, or constructs
				  equipment for the AESP, including, but not limited to, a facility, turbine,
				  support structure, cable, or pipeline, or when the lessee, sub-lessee,
				  assignee, or successor creates an obstruction to other uses of state lands or
				  water bottoms.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-962 - Decommissioning General Requirements [Formerly LAC 43:I.1162]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before decommissioning the facilities
				  under an AESL, the lessee shall submit a decommissioning application and
				  receive approval from the board or its authorized representative.
B. Following approval of the decommissioning
				  application, the lessee shall submit a decommissioning notice at least 15 days
				  prior to commencement of decommissioning activities. The decommissioning shall
				  begin no later than 45 days following the approval of the decommissioning
				  application.
C. Within one year
				  following termination of an AESL, the lessee shall:
1. remove or decommission all facilities,
				  turbines, support structures, cables, pipelines, and obstructions associated
				  with the AESL;
2. clear the
				  waterway and the water bottoms of all obstructions created by alternative
				  energy source activities on the leased area. The board may require the lessee
				  to immediately remove any and all obstructions effecting navigation and
				  commerce of the waterway.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-963 - Decommissioning Application Time Requirements [Formerly LAC 43:I.1163]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall
				  submit a decommissioning application upon the earliest of the following dates:
1. two years prior to the expiration of the
				  AESL;
2. ninety days after
				  completion of the commercial activities on an AESL;
3. ninety days after cancellation,
				  relinquishment, or other termination of the AESL.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-964 - Decommissioning Notice [Formerly LAC 43:I.1164]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, through OMR, shall advertise
				  notice of the receipt of any decommissioning application pertaining to an AESL
				  in the local newspaper where the AESL is located and in the official state
				  journal. Such advertisement shall identify:
1. the title and address of OMR.;
2. the name, title, address, and telephone
				  number of an OMR representative from whom additional information and/or
				  documentation may be obtained;
3.
				  the name and address of the entity submitting the decommissioning
				  application;
4. the name and
				  physical location of the affected facility;
5. the name of the affected
				  waterway;
6. the activities
				  involved in the decommissioning action;
7. the most recent approved decommissioning
				  plan;
8. a brief description of the
				  appropriate comment procedures;
9.
				  the date, time and place of any scheduled hearing;
10. the procedure(s) for requesting a
				  hearing.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-965 - Decommissioning Application Information Requirements [Formerly LAC 43:I.1165]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee,
				  sub-lessee, assignee, or successor shall include the following information in
				  the decommissioning application:
1.
				  Identification of the applicant, including:
a. names and addresses of the lease operator
				  and lessee;
b. name and telephone
				  number of lessees contact person;
c. name, address, telephone number, and name
				  of contact of the companies which issued the required financial assurance
				  instruments and required insurance.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-966 - Process of Decommissioning Application [Formerly LAC 43:I.1166]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon lessees
				  compliance with §1165 of this Chapter, OMR or other state agencies may
				  request a technical and environmental review based on a comparison of the
				  decommissioning application and the decommissioning general concept in the
				  approved COP.
B. The lessee may be
				  required to revise the COP and begin the appropriate NEPA analysis and/or other
				  regulatory reviews, as required, if OMR or other state agencies determine that
				  the lessees decommissioning application would:
1. result in a significant change in the
				  impacts previously identified and evaluated in the COP;
2. require any additional federal or state
				  permits;
3. propose activities not
				  previously identified and evaluated in the COP.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-967 - Decommissioning Removal Requirements [Formerly LAC 43:I.1167]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee must remove all equipment,
				  including, but not limited to, facilities, turbines, support structures,
				  pipeline, and cables, and shall comply with the decommissioning requirements as
				  set forth by the U.S. Army Corps of Engineers. The lessee shall also comply
				  with any additional or more stringent decommissioning requirements mandated by
				  the board, through OMR.
B. Within
				  60 days after the removal of a facility, the lessee shall verify to the board,
				  through OMR, that it has removed all equipment required to be removed and that
				  it has cleared the state lands and water bottoms of all obstructions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-968 - Decommissioning Report [Formerly LAC 43:I.1168]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 60 days after lessee has completed
				  the decommissioning requirement and has restored the lease site by the removal
				  of all alternative energy source equipment, including, but not limited to,
				  facilities, turbines, support structures, cables, or pipelines, lessee shall
				  submit a written report to the board, through OMR, that includes the following:
1. a summary of the removal activities,
				  including the date removal activities were completed;
2. a description of any mitigation measures
				  taken by lessee;
3. if lessee used
				  explosives, a statement signed by lessees authorized representative certifying
				  that the types and amounts of explosives utilized were consistent with those in
				  the approved decommissioning application.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section V-969 - Failure to Comply with Decommissioning Requirements [Formerly LAC 43:I.1169]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall
				  comply with the decommissioning requirements as set forth in the approved
				  decommissioning plan. If lessee fails to comply with the decommissioning
				  requirements:
1. the board shall require the
				  lessee to forfeit the financial assurance provided pursuant to §953 and
				  §955 of this Chapter;
2. the
				  lessee shall remain liable for the removal or disposal costs and shall be
				  responsible for all accidents or damages, including reasonable attorney fees
				  expended by the state to defend claims resulting from lessees failure to comply
				  with decommissioning requirements;
3. the board, or its authorized
				  representative, may take legal action to enforce the decommissioning
				  requirements. The lessee shall be liable for all reasonable attorney fees
				  expended by the board or its authorized representative required to enforce the
				  decommissioning obligations;
4. the
				  lessee shall remain the owner of all facilities and/or equipment installed and
				  used in the alternative energy project. The state shall have the right to
				  remove any and all of the facilities and/or equipment at the expense of the
				  lessee.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter F - Special Hydrokinetic Rules › Section V-975 - FERC Authority [Formerly LAC 43:I.1175]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subpart shall apply only to
				  hydrokinetic energy source projects which fall under the jurisdiction of the
				  Federal Energy Regulatory Commission pursuant to the Federal Power Act,
				  16
				  U.S.C. 791 a, et seq.
B. In the event there is a conflict with the
				  requirements of this Subpart with any requirements under Chapter 11, the
				  requirements set forth in this Subpart shall govern.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.