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-1109 - Definitions

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 terms shall have the following meanings. Terms defined
					 in a different Chapter or Section shall have the meaning as defined in that
					 Chapter, Subpart, or Section:
Alternative Energy Source
- an energy
						source other than oil, gas, and other liquid, solid, or gaseous minerals.
						Including, but not limited to, wind energy, geothermal energy, solar energy,
						and hydrokinetic energy. It shall not include the cultivation or harvesting of
						biomass fuels or the use of state land or water bottoms for facilities which
						utilize biomass fuel to produce energy.
Archaeological Resource
- any material
						remains of human life or activities that are at least 50 years of age and that
						are of archaeological interest (i.e., capable of providing scientific or
						humanistic understanding of past human behavior, cultural adaptation, or
						related topics through the application of scientific or scholarly techniques,
						such as controlled observation, contextual measurement, controlled collection,
						analysis, interpretation, and explanation).
Best Available and Safest Technology
-
						the best available and safest technologies recognized within the respective
						industry, or by government, feasible wherever failure of equipment would have a
						significant effect on safety, health, or the environment.
Best Management Practices
- practices
						recognized within the respective industry, or by government, as one of the best
						for achieving the desired output while reducing undesirable outcomes.
Commercial Activities
- any and all
						activities associated with the generation, storage, or transmission of
						electricity or any other energy product from a project requiring an AESL
						(hereinafter referred to as "AESP") on state lands or water bottoms, when such
						electricity or other energy product is intended for distribution, sale, or
						other commercial use, including, but not limited to, initial site
						characterization and assessment, facility construction, and project
						decommissioning.
Decommissioning
- the removal of
						alternative energy source facilities or any other activity associated with the
						return of the lease site to a condition pursuant to the requirements of Subpart
						E of this Chapter. Excluded from this provision are technology-testing
						activities.
Interstate Commerce
- any commercial
						transaction involving more than one state or the movement of goods with respect
						to the electric power and energy across state boundaries.
Intrastate Commerce
- any commercial
						transaction or movement of goods with respect to the electric power and energy
						wholly within the state.
Interstate Transmission
- the generation
						of electric power used for the transmission of electric energy in interstate
						commerce.
Intrastate Transmission
- the generation
						of electric power used for the transmission of electric energy in intrastate
						commerce.
Lease Applicant
- a person or business
						entity who is formally seeking an AESL in which the port; harbor and terminal
						district; or port, harbor, and terminal district has not granted prior written
						approval for the development of an alternative energy source.
Legal Area
- state lands or water
						bottoms subject to a compromise agreement or legal adjudication.
Lessee
- the holder of an AESL granted
						by the board, including any approved sub-lessee, assignee, or successor, or any
						person or business entity authorized by the holder of the lease or operator to
						conduct activities on the lease.
Levee District
- defined pursuant to the
						definition set forth in
						R.S.
						38:281(6).
Marine
- the physical, atmospheric, and
						biological components, conditions, and factors that interactively determine the
						productivity, state, condition, and quality of the marine ecosystem. These
						include the waters of the high seas, the contiguous zone, transitional and
						intertidal areas, salt marshes, and wetlands within the coastal zone and in the
						state.
Operator
- the individual, business, or
						other legal entity having control or management of activities on the leased
						acreage, including, but not limited to, the lessee or a third party designated
						by the lessee.
Political Subdivision
- defined pursuant
						to the definition set forth in
						R.S.
						42:1102(17).
Port Authority
- the governing authority
						of any port; harbor and terminal district; or port, harbor, and terminal
						district.
Revenue
- a bonus or other similar
						payment owed and/or paid by the lessee to the lessor as required under the
						lease. It does not include administrative fees such as those assessed for cost
						recovery, civil penalties, and forfeiture of financial assurance.
Riverine
- relating to or situated on a
						river or riverbank.
Secretary
- the Secretary of the
						Department of Natural Resources (DNR) or an official authorized to act on the
						Secretary's behalf.
Significant Archaeological Resource
- an
						archaeological resource that is eligible to be listed in the National Register
						of Historic Places, as defined in
						36 CFR
						60.4 or its successor.
Site Assessment Activity
- preliminary
						activity(ies) performed by the lessee for the purpose of characterizing a site
						on state lands or water bottoms, in preparation of the installation of
						facilities. Such activities may include, but are not limited to, resource
						assessment surveys (e.g., meteorological and oceanographic) or technology
						testing.
State
- the state of Louisiana, its
						agencies, departments, successors, predecessors, legal representatives,
						officers, agents, employees, and any other party or entity authorized to act on
						its behalf.
State Agency
- defined pursuant to the
						definition set forth in
						R.S.
						30:151.
Vessel
- defined pursuant to the
						definition set forth in USC Title 1, Section 3.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:124.