reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1121 - Construction and Operations Plan (COP)

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1122 - Navigation Aid

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1123 - State Indemnity

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1124 - Easements and Rights-of-Way

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter A - General Provision › Section I-1125 - Notification Requirements

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1129 - Overview of an Alternative Energy Source Lease Acquisition Process

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1130 - Registration

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 State's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1131 - Pre-Nomination Requirements

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1133 - Examination and Evaluation of Nomination for an Alternative Energy Source Lease

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1134 - Advertisement of a State Tract Offered for an Alternative Energy Source Lease and Request for Bids

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1136 - Protest of an Alternative Energy Source Lease

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 board's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1137 - Examination and Evaluation of Bids for an Alternative Energy Source Lease

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1138 - Award of an Alternative Energy Source Lease

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 §1104, 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, cashier's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter B - Lease Administration › Section I-1139 - Issuance and Execution of an Alternative Energy Source Lease

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 a dministrative 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - 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 I-1145 - Partial or Full Suspension of an Alternative Energy Source Lease

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - 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 I-1146 - Suspension Order

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 lessee's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - 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 I-1147 - Equipment Removal Order or Cancellation of an Alternative Energy Source Lease

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
					 lessee's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - 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 I-1148 - Effect of a Suspension Order on an Alternative Energy Source Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the time
					 the board, or its authorized representative, evaluates a lessee's request for
					 removal of the suspension issued under
					 §1146 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
					 representative's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section I-1153 - Financial Assurance Instrument

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 §1155
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section I-1154 - Insurance Requirement

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 contractor's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section I-1155 - Financial Assurance Amount Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board's determination of the amount of
					 the financial assurance required shall be based on estimates of the lessee's
					 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section I-1156 - Bankruptcy or Lapse of Financial Assurance or Insurance

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. Lessee's 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. lessee's 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 lessee's surety, or third-party guarantor, is insolvent
					 or bankrupt.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter D - Financial Assurance Requirements › Section I-1157 - Financial Assurance Company Rating

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1161 - Decommissioning Liability

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1162 - Decommissioning General Requirements

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1163 - Decommissioning Application Time Requirements

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1164 - Decommissioning Notice

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1165 - Decommissioning Application Information Requirements

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 lessee's
					 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1166 - Process of Decommissioning Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon lessee's 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 lessee's
					 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1167 - Decommissioning Removal Requirements

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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1168 - Decommissioning Report

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 lessee's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter E - Decommissioning Requirements › Section I-1169 - Failure to Comply with Decommissioning Requirements

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
					 §1153 and
					 §1155 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 lessee's 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 I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter F - Special Hydrokinetic Rules › Section I-1175 - FERC Authority

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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter F - Special Hydrokinetic Rules › Section I-1176 - Hydrokinetic Lease Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 applicants must first obtain approval by FERC for the issuance of a preliminary
					 permit, license, exemption, or other authorization for the development of
					 hydrokinetic energy. The lessee may use the documents submitted and approved by
					 FERC to satisfy the following requirements.
1. The COP may satisfy the requirements of
					 §1121 of this
					 Chapter.
2. The Coast Guard
					 recommendations may satisfy the requirements of
					 §1122 of this
					 Chapter and any information required concerning navigational safety and
					 maritime security.
3. The report on
					 fish, wildlife, and botanical resources may satisfy the information required of
					 §1135. C.3.h of this Chapter to determine the project's impact and
					 mitigation required to protect the fish, wildlife and botanical
					 resources.
4. The report on
					 historical and archaeological resources may satisfy the information required of
					 §1135. C.9 of this Chapter to determine the project's impact and
					 mitigation required to protect the historical and archaeological resources of
					 the area.
5. The report on
					 socio-economic impacts may satisfy the requirements of §1135. C.3.h of
					 this Chapter.
6. The report on
					 environmental impact may satisfy the requirements of §1132. A.5 and
					 §1135. C.4 of this Chapter.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source › Subchapter F - Special Hydrokinetic Rules › Section I-1177 - Submission of Bid for Hydrokinetic Energy Source Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. All interested registered parties who hold
					 a valid 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., shall submit a bid
					 package on the entirety of the State tract nominated and advertised for State
					 hydrokinetic energy source lease to the board, through OMR, in the form OMR
					 requires by the advertised deadline. Each bid package shall be accompanied by
					 any other documentation and information required.
B. An official bid form is available from
					 OMR. Applicant must provide one originally signed paper copy and no electronic
					 copy.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1503 - Geographic Boundary of Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Claims shall be based on damage or loss of fishing gear due to an encounter
				  with an obstruction in state waters located below the northern boundary of the
				  Louisiana coastal zone as set forth in
				  R.S.
				  49:214.24, and depicted on official maps of
				  the state regulatory authority having jurisdiction over coastal zone
				  management, and extending seaward to the limits of Louisiana's territorial
				  jurisdiction
B. No claim shall be
				  accepted or paid for damages or loss sustained from an encounter with an
				  obstruction which occurs in waters overlying the federal domain of the outer
				  continental shelf or north of the northern boundary of the Louisiana Coastal
				  Zone.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 56:700.3.