reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-543 - Price; Deductions; Method of Payment; Reports; Taxes; Administrative Fee [Formerly LAC 43:I.943]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The price to
				  be paid by a refiner pursuant to any contract for the purchase of royalty crude
				  oil shall be the maximum price allowed pursuant to the applicable and
				  controlling federal or state law on the effective date of the contract. In the
				  event that such price controls are terminated during the term of a contract,
				  the price to be paid by a refiner shall be the fair market value of the state's
				  royalty oil, which condition shall be effective at any time while the contract
				  is in effect.
B. In calculating the
				  payments for royalty crude oil purchased, the refiner may deduct from the price
				  that portion of the transportation costs reimbursed to the state's lessee which
				  represents the actual cost of transportation to the agreed upon point of
				  delivery utilized. Any additional cost of transportation for delivery to a more
				  distant point shall be borne solely by the refiner.
C. Payments due under any contract shall be
				  made monthly, such payments to be consistent with the volume of royalty oil
				  received by the refiner during such preceding month.
D. The refiner shall be required to file
				  monthly reports with the Office of Mineral Resources setting forth by lease and
				  delivery point all volumes of crude oil received.
E. The state shall assume responsibility for
				  all severance taxes due on its royalty production in effect on the contract
				  date. The refiner shall be liable for all other taxes and any additional or
				  increased taxes which become effective following the date of the contract. The
				  board may require the refiner to advance or remit to the appropriate state
				  lessee all severance taxes paid by such lessee which are attributable to the
				  volume of royalty oil acquired by the refiner. In such event the refiner shall
				  be entitled to deduct such taxes on a monthly basis from payments due the state
				  and remit same to the appropriate state lessee.
F. In addition to all other prices, fees, and
				  charges otherwise authorized in these regulations, the board may assess a fee
				  not in excess of $0.20 per barrel of royalty oil delivered to cover the cost of
				  administration.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-545 - Utilization; Right of First Refusal; Assignment; Resale [Formerly LAC 43:I.945]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Refiner shall
				  not resell any royalty crude oil without the prior written consent of the
				  mineral board.
B. All royalty crude
				  oil sold or processed under any contract, or other crude oil received in lieu
				  of royalty crude oil under an exchange agreement, shall be utilized at
				  refiner's facilities in the state and shall not be used for resale in kind
				  except as authorized by the provisions of this Section. To the extent permitted
				  by controlling federal law or regulations no gasoline or diesel end product
				  refined from state royalty crude under any contract shall be sold for the
				  ultimate purpose of retail sale outside of the state of Louisiana.
C. The resale or exchange of royalty crude
				  oil in violation of the provisions of this Section shall be punishable by a
				  fine of not less than $10,000 per day for each day of violation.
D. Any contract for the sale or processing of
				  state royalty oil shall be conditioned upon the right of the state to exercise
				  a right of first refusal to any product refined from the royalty
				  crude.
E. Any contract for the sale
				  or processing of state royalty oil shall also require that first priority be
				  given to Louisiana customers in the usual course of sale of end
				  products.
F. Refiner shall be
				  required to furnish the board copies of all contracts entered into between
				  refiner and third parties reflecting delivery, receipt, handling, transporting,
				  sale and use of crude oil covered by a contract with the board, or refined
				  products derived therefrom.
G. No
				  contract shall be assignable without the prior written consent of the
				  board.
H. Refiner shall not enter
				  into any exchange agreement whereby other crude oil in lieu of the state's
				  royalty crude oil is delivered to refiner without the prior written consent of
				  the mineral board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-547 - Penalties; Liability; Bond [Formerly LAC 43:I.947]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall provide for the assessment
				  of a late charge at the rate of 7 percent per annum on any payments received
				  from the refiner after the date such payments are due as otherwise provided in
				  these regulations.
B. In any
				  contract for the disposition of royalty crude oil, the board shall assure that
				  the state is held free and harmless from any liability, cost or expense arising
				  from the execution of such contract or from the delivery of any crude oil
				  pursuant thereto. The refiner shall assume all liability for the actions of
				  itself, its agents and employees, and of the state's lessee, its agent and
				  employees in receiving delivery, handling, transporting and refining of royalty
				  oil.
C. Prior to the disposition of
				  any royalty crude oil as provided herein, the board shall require each refiner
				  to furnish to the state a letter of credit from an established and recognized
				  bank within the state, or an acceptable surety bond, in an amount equal to the
				  price and administrative fee for 45 days volume of crude oil to be delivered
				  under any contract, or $500,000, whichever amount is less, guaranteeing good
				  and faithful performance of the terms and conditions of these regulations and
				  any contract. The full amount of such letter of credit or bond, or any portion
				  thereof, may be applied to any sums or damages due the state as a result of the
				  breach of any condition of the contract or violation of these regulations. Such
				  right shall be in addition to any other legal rights and remedies available to
				  the state. The board shall reserve the right to require the increase in the
				  amount of this security when necessary to protect the interest of the state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-549 - Warranties; Governmental Regulations [Formerly LAC 43:I.949]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any contract
				  the board shall not warrant the crude oil delivered as being merchantable or
				  suitable for refiner's purpose and the board shall not be liable for the
				  quality of the crude oil or the content thereof. The board shall not warrant to
				  refiner that there are available sufficient quantities of royalty crude oil
				  from any state lease(s) dedicated to a contract to meet refiner's
				  requirements.
B. All contracts
				  shall be subject to applicable state, local and federal laws, rules and
				  regulations. Refiner shall be required to secure all licenses, permits, orders,
				  or waivers necessary for the performance of the contract.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 5 - Mineral Resources › Subchapter C - Royalty Crude Oil › Section V-551 - Additional Procedural Rules [Formerly LAC 43:I.951]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may from time to time adopt such
				  additional policies and rules of procedures as are deemed necessary to fully
				  effectuate and administer the regulations set forth herein.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:143.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-701 - Authority [Formerly LAC 43:I.1001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				rules and regulations are promulgated by the Secretary of the Department of
				Natural Resources pursuant to the Administrative Procedure Act as authorized by
				R.S.
				41:1734.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-703 - Purpose [Formerly LAC 43:I.1003]

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				rules and regulations are promulgated for the following purposes:
1. to implement the provisions of and
				accomplish the intent of the legislature as set forth in Chapter 14-A of Title
				41 of the Louisiana Revised Statutes of 1950;
2. to establish procedures for state wind
				lease acquisition, transfer, release, operations, electric power production
				royalty payment and reporting, and decommissioning;
3. to institute reasonable fees for services
				performed by the Department of Natural Resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-705 - Overview of the State Wind Lease Acquisition Process [Formerly LAC 43:I.1005]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Leases for the
				exploration, development and production of wind energy on state lands and water
				bottoms under Chapter 14-A of Title 41 of the Louisiana Revised Statutes of
				1950 shall be acquired from the State Mineral Board in conjunction with the
				Secretary of the Department of Natural Resources, through the Office of Mineral
				Resources, through a public bid process as set forth in this Chapter. There are
				nine general steps in the state wind lease acquisition process as outlined
				below. Each general step has its own set of procedures which are outlined in
				detail in separate Sections of this Chapter:
1. registration;
2. pre-nomination research;
3. nomination of state lands and water
				bottoms for wind lease;
4.
				examination and evaluation of nomination for state wind lease;
5. advertisement of state tract offered for
				wind lease and request for bids;
6.
				submission of bids on state tract offered for wind lease;
7. examination and evaluation of bids for
				state wind lease;
8. award of state
				wind lease;
9. issuance and
				execution of state wind lease contract.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-707 - Registration [Formerly LAC 43:I.1007]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicant Registration. Any party who
				wants to apply for a state wind lease shall register certain information with
				the Office of Mineral Resources on a one-time basis prior to submitting an
				application. Registration consists of completing and submitting an official
				Applicant Registration Form.
1. Prospective
				Leaseholder Registration. All prospective leaseholders of state wind leases
				shall register certain information and proof of current authorization to do
				business in the state of Louisiana with the Office of Mineral Resources and
				thereafter renew their registration annually by January 31. Only those bidders
				who are registered as prospective leaseholders with the Office of Mineral
				Resources shall be allowed to bid on tracts for the purpose of obtaining a
				state wind lease. Transfers or assignments of state wind leases shall not be
				granted to prospective leaseholders that are not currently registered as a
				prospective leaseholder with the Office of Mineral Resources.
a. Registration consists of submitting a
				completed official prospective leaseholder registration form (obtainable from
				the Office of Mineral Resources) and an appropriate certificate from the
				Louisiana Secretary of State to the Office of Mineral Resources as follows:
i. individual/sole proprietorship-no
				certificate required;
ii.
				corporation-good standing certificate;
iii. limited liability company-good standing
				certificate; and
iv.
				partnership-existence certificate.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-709 - Pre-Nomination Research [Formerly LAC 43:I.1009]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party seeking to nominate state lands or
				water bottoms for wind lease shall conduct research prior to nomination to
				determine and confirm whether the state lands or water bottoms fall under one
				of the following six categories and comply with any category requirements.
1. Louisiana Wildlife and Fisheries
				Commission/Louisiana Department of Wildlife and Fisheries Property. The lands
				and water bottoms in this category are under the jurisdiction of the Wildlife
				and Fisheries Commission or the Department of Wildlife and Fisheries, including
				but not limited to, wildlife management areas and refuges. Questions concerning
				these lands and water bottoms should be directed to the Louisiana Department of
				Wildlife and Fisheries, Office of Wildlife, Fur and Refuge Division.
2. School Indemnity Lands
3. Tax Adjudicated Lands
4. Vacant State Lands
5. White Lake
6. Legal Areas. Title to certain state lands
				or water bottoms may have been established by compromise without litigation,
				compromise during the course of litigation, or adjudication in a court of law.
				For state wind leasing purposes, state lands or water bottoms subject to such
				compromise or adjudication are viewed as a "Legal Area." Determine whether the
				state lands or water bottoms to be nominated include a legal area. If they do,
				the nominating party shall provide a copy of the compromise instrument(s) or
				judgment(s) that establish(es) the state ownership interest.
Questions concerning categories 2 through 6 should be
				  directed to the State Land Office, Division of Administration.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-711 - Nomination of State Lands and Water Bottoms for Wind Lease [Formerly LAC 43:I.1011]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interested,
				registered parties shall nominate state lands and water bottoms for wind lease
				by scheduling a pre-nomination meeting with and submitting proposals (called
				"nominations") by application to the Office of Mineral Resources in the form it
				requires. Each application shall include a description of the land, including a
				map, on both paper and diskette or CD-ROM, and be accompanied by submission of
				a nonrefundable $400 processing fee made payable to the Office of Mineral
				Resources, as well as any other documentation and information
				required.
B. Only those parties who
				are registered applicants with the Office of Mineral Resources as set forth
				under §1007. A shall be allowed to nominate state lands and water bottoms
				for wind lease.
C. A party
				interested in nominating state lands and water bottoms for wind lease shall
				observe the following restrictions.
1. Use
				bearing, distance and X-Y coordinates based on the Louisiana Coordinate System
				of 1927, North or South Zone (as applicable), to accurately and clearly
				describe the nominated acreage. Determine whether the acreage to be nominated
				falls in the North Zone or the South Zone of the Louisiana Coordinate System of
				1927 and provide this information in the nomination packet. A single nomination
				may contain acreage that falls partially in the North Zone and partially in the
				South Zone. However, allocate the nominated acreage to the zone wherein the
				majority of the acreage falls and use that zone's coordinates (see
				R.S.
				50:1).
a. A
				nominating party is excepted from using the Louisiana Coordinate System of 1927
				only if the acreage to be nominated is not susceptible of or has another type
				legal description not translatable into a description using bearing, distance
				and X-Y coordinates based on the Louisiana Coordinate System of 1927. If the
				acreage to be nominated falls under this exception, the nominating party is
				allowed to provide the legal description of the property as provided in the
				title deed wherein the state acquired its ownership interest in the
				property.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-713 - Examination and Evaluation of Nomination for Wind Lease [Formerly LAC 43:I.1013]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				Office of Mineral Resources determines that the state wind lease nomination
				complies with legal, procedural and technical requirements, as well as with any
				current policies and practices, it shall:
1.
				place the state wind lease nomination tract on the State Mineral Board's Tract
				Evaluation Committee agenda for the next regular board meeting;
2. take the area out of commerce for the
				purpose of wind leasing while the nomination is being evaluated;
3. transmit a copy of the letter of
				application for a State Wind Lease, written property description, and plat to
				the State Land Office and to the Louisiana Department of Wildlife and
				Fisheries, who shall review the proposed location of the state wind lease,
				certify to the State Mineral Board whether or not there are other leases of any
				kind at the proposed lease location and if so, provide copies to the State
				Mineral Board of the other leases as an attachment to the other leases
				certification; and
4. transmit the
				nomination packet and the other leases certifications to the Secretary of the
				Department of Natural Resources for evaluation.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-719 - Examination and Evaluation of Bids for State Wind Lease [Formerly LAC 43:I.1019]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sealed
				bids for state wind lease 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 State Mineral Board
				shall defer action on the bids for state wind lease until at least the next
				regular board meeting, but no later than 100 days, pending examination and
				evaluation of the bids by its staff. The State Mineral 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.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-721 - Award of State Wind Lease [Formerly LAC 43:I.1021]

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
				state wind lease, after the staff has technically briefed the board in
				executive session as to the merit of the bids, the State Mineral Board shall
				reconvene in open session at the lease sale (generally held the same day as the
				regular board meeting). The Office of Mineral Resources' designee shall
				publicly announce the staff's recommendations to the board as to which bids
				should be accepted and which bids should be rejected, providing the reasons for
				rejection. The State Mineral Board shall announce its state wind lease award
				decision at the lease sale.
B.
				Information as to bids on and awards of state wind leases shall be published in
				SONRIS, the Department of Natural Resources' Strategic Online Natural Resources
				Information System.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1734.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-725 - Transfer of Interest in or Assignment of a State Wind Lease [Formerly LAC 43:I.1025]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				execution and recordation of a transfer of interest in or assignment of a state
				wind lease, a prospective transferee or assignee of a state wind lease shall
				schedule a pre-transfer meeting with and submit a transfer packet to the Office
				of Mineral Resources no later than the State Mineral Board regular meeting for
				the month prior to the State Mineral Board regular meeting at which the item is
				to appear on the State Mineral Board docket for approval.
B. The transfer or assignment shall be
				docketed for State Mineral Board approval. No transfer or assignment in
				relation to any state wind lease shall be valid unless approved by the State
				Mineral Board. Failure to obtain State Mineral Board approval of any transfer
				or assignment of a state wind lease prior to transfer or assignment shall
				subject the transferor or assignor and the transferee or assignee, jointly,
				severally and in solido, to liquidated damages of $100 per day beginning on the
				first day following the execution of the transfer or assignment.
C. All parties to transfers or assignments in
				relation to any state wind lease shall be registered prospective leaseholders
				with the Office of Mineral Resources. Transfers or assignments shall not be
				granted to prospective leaseholders that are not currently registered with the
				Office of Mineral Resources as set forth under forth under §707 B
D. The transfer packet shall
				contain the following items:
1. two original,
				unexecuted, unrecorded transfer or assignment instruments:
a. provide the marital status of the assignor
				if the assignor is an individual and, if applicable, the spouse's name and
				space for the spouse's signature to be affixed thereon;
b. designate the operator and the party who
				shall be the principal state wind lessee authorized to act on behalf of all
				co-lessees and attach proof of such agency;
c. after State Mineral Board approval, the
				transfer or assignment instrument must be executed by both assignor and
				assignee (and spouse(s), if appropriate), with each signature duly witnessed
				and a notarized witness acknowledgement provided for each, or the assignee (and
				spouse, if appropriate) shall execute an acceptance by assignee form, with the
				signature duly witnessed and notarized, and a copy attached to each of the
				transfer instruments;
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-729 - State Wind Lease Operations [Formerly LAC 43:I.1029]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state wind lessee and state wind lease
				operator shall schedule a pre-operations meeting with and submit an operations
				packet to the Office of Mineral Resources at least 30 days prior to
				commencement of construction. The operations packet shall contain the following
				items:
1. notice of beginning of wind lease
				operations form;
2. proof of
				general liability insurance for the leased premises in the amount of at least
				$1,000,000 issued by an insurer to whom A.M. Best Company has given not less
				than an A rating, specifically covering all damages, and name as insured the
				state of Louisiana and its departments, agencies and boards:
a. subsequent to the commencement of
				construction, an updated proof of general liability insurance is required to be
				submitted by January 31 of each year. Failure to submit updated proof of
				general liability insurance may cause the Office of Mineral Resources to levy
				liquidated damages of $100 per day until such proof is received;
3. financial security in a form
				acceptable to the State Mineral Board. The financial security amount for
				individual turbines shall be, at a minimum, $150,000 per turbine for turbines
				in one location. Blanket financial security for lessees and operators with wind
				leases in more than one area shall be calculated at a minimum of $150,000 per
				turbine divided by the number of different wind farm locations. Compliance with
				this financial security requirement shall be provided by any of the following
				or a combination thereof:
a. a certificate of
				deposit issued in sole favor of the Louisiana Department of Natural Resources
				in a form prescribed by the board from a financial institution acceptable to
				the board; or
b. a performance bond
				in sole favor of the Louisiana Department of Natural Resources in a form
				prescribed by the board issued by an appropriate institution authorized to do
				business in the state of Louisiana; or
c. a letter of credit in sole favor of the
				Louisiana Department of Natural Resources in a form prescribed by the board
				issued by a financial institution acceptable to the board;
4. an updated plan of operations that
				includes all the items set forth in §717. C.3 a-I;
5. any updated environmental impact
				documentation supporting §711. D 8;
6. an updated list of project participants as
				set forth in §717. C 5;
7. any
				other information and documentation required by the Office of Mineral
				Resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part V - Office of Mineral Resources › Chapter 7 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy › Section V-731 - State Wind Lease Electric Power Production Royalty Payment and Reporting [Formerly LAC 43:I.1031]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A state
				wind lease shall contain a provision permitting the state, at its option, to
				take in kind all or any part of the portion due it as royalty of any wind
				generated electric power produced from the leased premises. Unless the state
				elects to exercise this in kind option, which option is expressly reserved by
				the state and which is to be exercised by written notice by the state to the
				state wind lessee ("lessee") at any time and from time to time while a state
				wind lease is in effect and either prior or subsequent to acceptance by the
				state of royalties other than in kind, it being understood that nothing
				contained in a state wind lease shall ever be interpreted as limiting or
				waiving this option, the lessee shall pay to the state as electric power
				production royalty an amount that shall be no less than the minimum amount set
				by the State Mineral Board of the lessee's gross revenues. For the purposes of
				a state wind lease,
gross revenues
shall mean and include:
1. all gross receipts of lessee from the sale
				of electricity generated by lessee on the leased premises; provided, however,
				that if electricity is sold to a subsidiary or affiliate of lessee, then, and
				only then, the gross receipts from the sale of electricity under such contract
				shall be calculated using a sale price of not less than the arithmetical
				average of the prices paid by any purchaser or purchasers (including lessee or
				any subsidiary or affiliate of lessee) for electricity produced in Louisiana
				during the calendar year immediately preceding the year in which such
				electricity production from the leased premises occurs; plus
2. the greater of the gross proceeds received
				by either lessee or any subsidiary or affiliate of lessee from the sale of any
				credits, credit certificates or similar items such as those for greenhouse gas
				reduction, or the generation of green power, renewable energy or alternative
				energy, created by any governmental authority and generated by wind energy
				development on the lease; but specifically excluding any and all federal
				production tax credits, investment tax credits and any other tax credits which
				are or will be generated by wind energy development on the lease;
				plus
3. the greater of gross
				proceeds or other cash benefits received by either lessee or any subsidiary or
				affiliate of lessee in connection with or under or derived from any agreement,
				compromise, settlement, judgment or arrangement for or relating to the sale,
				use or other disposition of electricity generated or capable of being generated
				from the lease; plus
4. anything of
				value received by the state wind lessee in return for electricity.
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 › Section V-901 - Authority [Formerly LAC 43:I.1101]

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				rules and regulations are promulgated by the state Mineral and Energy Board
				(Board) in consultation with the Department of Transportation and Development
				(DOTD) pursuant to the Administrative Procedure Act as authorized by
				R.S.
				41:1734.
B. A Port Authoritys denial of the issuance
				of a state alternative energy source lease (AESL) shall be adjudicated in
				accordance with the Administrative Procedure Act as set forth at 49:991 et
				seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1734.
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 › Section V-902 - Purpose [Formerly LAC 43:I.1102]

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				rules and regulations are promulgated for the following purposes:
1. to implement the provisions and intent of
				the legislature as set forth in Chapter 14-A of Title 41 of the Louisiana
				Revised Statutes of 1950;
2. to
				establish procedures for the issuance and administration of leases for
				alternative energy source production on state lands and water
				bottoms;
3. to notify the lessee
				and third parties of obligations as required in this Chapter;
4. to ensure that alternative energy source
				activities conducted on state lands or water bottoms for energy related
				purposes are implemented in a safe and environmentally sound manner, in
				conformance with state laws, federal laws and other applicable laws and
				regulations, and the terms of the Alternative Energy Source Lease;
5. to institute reasonable fees for services
				performed by the Department of Natural Resources (DNR).
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 › Section V-903 - Wind Energy and Geothermal Energy Alternative Energy Sources [Formerly LAC 43:I.1103]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Alternative Energy Source Rules as set forth in Chapter 9, except as provided
				in §912 and §913, do not apply to wind energy or geothermal
				alternative energy sources.
B. An
				applicant for a wind energy lease must comply with the requirements as set
				forth in
				R.S.
				41:1731 et seq.
C. An applicant for a geothermal energy lease
				must comply with the requirements as set forth in
				R.S. 30:800 et
				seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  41:1734.
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 › Section V-904 - Cash Bonus and Fees for Alternative Energy Source Leases [Formerly LAC 43:I.1104]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state shall
				collect a cash bonus for all AESLs. In addition to the cash bonus, the board,
				through the Office of Mineral Resources (OMR), shall collect an administrative
				fee for such leasing in the amount of 10 percent of the total cash bonus paid.
				Such payments shall be due within 24 hours of award of the state Alternative
				Energy Lease.
B. The state may
				collect additional payments for an Alternative Energy Source Lease if
				authorized by statute.
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-907 - Lease Authorization [Formerly LAC 43:I.1107]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as otherwise authorized by law, it
				  will be unlawful for any person or business entity to explore for, drill,
				  develop, construct, operate, or maintain any facility to produce, transport, or
				  support the generation of electricity or other energy product derived from an
				  alternative energy source on any part of state owned lands and water bottoms
				  except under and in accordance with the terms of a lease issued by the
				  board.
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-908 - Acronyms [Formerly LAC 43:I.1108]

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  the purposes of this Chapter, unless the terms are defined in a different
				  Chapter or Subpart, the following acronyms shall apply.
1. OMR-the Office of Mineral Resources
				  serving as staff to the state Mineral and Energy Board.
2. AESL-the state Alternative Energy Source
				  Lease.
3. DNR-the Department of
				  Natural Resources.
4. OSL-the
				  Office of State Lands.
5. DWF-the
				  Department of Wildlife and Fisheries and/or the Wildlife and Fisheries
				  Commission.
6. Board-the State
				  Mineral and Energy Board.
7.
				  FERC-the Federal Energy Regulatory Commission as established pursuant to
				  42 U.S.C.
				  §7171.
8. AESP-a project requiring an
				  AESL.
9. DOTD-the Department of
				  Transportation and Development.
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-910 - Rights Granted Pursuant to an Alternative Energy Source Lease [Formerly LAC 43:I.1110]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A lease
				  issued under this Section grants the lessee the right, subject to obtaining the
				  necessary approvals, including, but not limited to, those required under the
				  Federal Energy Regulatory Commission (FERC) hydrokinetic energy licensing
				  process, and complying with all provisions of this Section, to occupy, and
				  install and operate facilities on a designated portion of state owned lands or
				  water bottoms for the purpose of conducting:
1. commercial activities related to the
				  production of energy from an alternative energy source;
2. other limited activities that support,
				  result from, or relate to the production of energy from an alternative energy
				  source.
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-911 - Impediment to Louisiana's Waterways [Formerly LAC 43:I.1111]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The AESP shall
				  not unreasonably adversely impact, impede, obstruct, or interfere with
				  transportation infrastructures, the navigability of any waterway, or the use of
				  the waterway by other users, nor shall it unreasonably interfere with maritime
				  commerce or the recreational use of the waterway.
B. The AESP shall be designed to have minimum
				  impact on the chemical, physical, biological integrity, and safety of the
				  waterway.
C. The DOTD shall review
				  the AESP to identify any unreasonable adverse impacts the AESL will have on
				  transportation and transportation infrastructures and submit its findings to
				  the board prior to the opening of the AESL bid. Failure by DOTD to submit its
				  findings to the board shall indicate to the board that the AESP has no adverse
				  impact on transportation and transportation infrastructures.
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-912 - Port Authority Approval Required [Formerly LAC 43:I.1112]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No AESL which affects the following state
				  owned lands and/or water bottoms shall be advertised or granted without prior
				  written approval of a Port Authority:
1.
				  lands held in title by a Port Authority or held by lease or servitude by a Port
				  Authority;
2. public navigable
				  waters that flow through any lands within the jurisdiction of a Port Authority.
				  Approval pursuant to this Section shall not be unreasonably withheld unless the
				  lease is detrimental to the needs of commerce and navigation.
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-913 - Decision of Port Authority [Formerly LAC 43:I.1113]

Current through Register Vol. 50, No. 6, June 20, 2024
A. After the decision of the Port Authority
				  has been made to either grant or deny the applicants lease request, the board,
				  through OMR, shall notify the AESL applicant of the Port Authority's decision
				  via certified U. S. Postal Service First Class Mail, return receipt
				  requested.
B. If the AESL request
				  is denied by the Port Authority, the applicant shall have 60 days from receipt
				  of the board notice to request an administrative hearing with the Division of
				  Administrative Law, pursuant to Chapter 13-B, Title 49 of the Louisiana Revised
				  Statutes of 1950 and Chapter 9.
C.
				  The Port Authority shall contract with the Division of Administrative Law to
				  conduct the administrative hearing.
D. The Port Authority which did not grant
				  prior written approval for the proposed AESL shall have the burden of proof at
				  the administrative hearing that the proposed AESL is detrimental to the needs
				  of commerce and navigation.
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-914 - Federal Energy Regulatory Commission [Formerly LAC 43:I.1114]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No AESL for
				  hydrokinetic energy development shall be granted which is inconsistent with the
				  terms of a preliminary permit, license, exemption, or other authorization
				  issued by FERC pursuant to its authority under the Federal Power Act,
				  16
				  U.S.C. 791 a, et
				  seq
.
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-915 - Federal and State Laws [Formerly LAC 43:I.1115]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee, including successors and
				  assigns, is subject to all applicable laws, statutes, rules, or regulations,
				  whether state or federal, which deal with the subject matter of the lease
				  during the term the AESL is in force and effect, whether in whole or in
				  part.
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-916 - Alternative Energy Source Project Design Safeguards [Formerly LAC 43:I.1116]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee or
				  operator shall design its AESP and conduct all activities in a manner that
				  ensures safety and which will not cause undue harm or damage to any structures
				  and/or natural resources, physical, atmospheric, and biological components,
				  including, but not limited to, those owned by the state, Port Authority,
				  Political Subdivision, or Levee District.
B. The lessee and/or operator shall compile,
				  retain, and make available to the board, DOTD, affected Port Authority, and
				  Levee District, or its authorized representative, within the time specified by
				  the board, any data or information related to the site assessment, design, or
				  operations of the alternative energy source.
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-917 - Rights Granted and/or Denied by an Alternative Energy Source Lease [Formerly LAC 43:I.1117]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No AESL
				  shall include any rights to explore, drill, mine, develop, or produce for
				  native oil, gas, or other liquid or gaseous hydrocarbons.
B. No usage of state lands or water bottoms
				  for the development of a specific alternative energy source shall unreasonably
				  interfere, as determined by the board, with the rights of oil and gas or other
				  forms of an AESL.
C. The AESL shall
				  not inhibit any activity, right, obligation or duty inherent to an oil and gas
				  lease granted by the board.
D. The
				  AESL shall not prevent the letting of leases of state owned lands or water
				  bottoms for the purpose of developing its natural resources.
E. Notwithstanding any language of the AESL
				  to the contrary, the rights granted exclusively to the alternative energy
				  source lessee shall be subject to the surface usage for coastal restoration,
				  reclamation or conservation projects promulgated, funded or effected through
				  DNR and its divisions, whether solely or in conjunction with other state, local
				  or federal governmental agencies or with private individuals or entities. The
				  alternative energy source lessee, in the exercise of its exclusive rights
				  granted pursuant to the AESL, shall utilize the best available technology so as
				  to minimize interference with any surface usage entailed in the development,
				  construction, and maintenance of coastal restoration, reclamation, and
				  conservation projects.
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-918 - Environmental Safeguards [Formerly LAC 43:I.1118]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The lessee shall use the best management
				  practice, the highest degree of care, the best available and safest technology
				  and all proper safeguards required to prevent land or water pollution resulting
				  from the construction, transportation, and operations of an alternative energy
				  source.
B. The lessee shall use all
				  means available to recapture escaped pollutants and shall be solely responsible
				  for any and all damages to aquatic or marine or riverine life, wildlife, birds,
				  or any public or private property resulting from the lessees
				  operations.
C. The lessee shall not
				  discharge trash or debris into state waterways.
D. The lessee shall report all unpermitted
				  discharges of pollutants in violation of federal or state laws to the
				  Department of Environmental Quality, the board, through OMR, and any other
				  appropriate agency, within the time required by federal, state or local laws,
				  but not more than 24 hours from the occurrence, whichever is earlier.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:124.