WeVote
Log In

Bill

Bill

HB 327

ENERGY: Declares that carbon dioxide sequestration is illegal without a property owner's consent (OR SEE FISC NOTE GF RV)

2026 Regular Session Introduced by Danny McCormick and 2 co-sponsors

HB 327 requires CO2 sequestration under private property to have the owner's consent, with an exception when the owner cannot be located after reasonable efforts.

Read by title, under the rules, referred to the Committee on Natural Resources and Environment.
0
WeVote Research Nonpartisan
Bill Summary · HB 327

Summary of Bill HB 327 (Louisiana, 2026)

Title

Energy: Declares that carbon dioxide sequestration is illegal without a property owner’s consent (with an exception if the property owner cannot be located).

Main Purpose and Intent

  • To prohibit carbon dioxide sequestration (embedding CO2 underground) beneath private property without the expressed consent of the property owner.
  • Establishes a clear civil/legal standard that CO2 sequestration activities must obtain property owner consent prior to placement beneath private land.
  • Provides a narrowly tailored exception for situations in which the property owner cannot be located after reasonable efforts.

Key Provisions

  • New Statutory Prohibition: Adds a new provision to Louisiana Revised Statutes (R.S. 30:2.2) stating that carbon dioxide sequestration beneath private property without the property owner’s consent is illegal.
  • Consent Requirement: The storage facility owner or operator must secure the property owner’s consent before sequestration occurs under private property.
  • Location Exception (Unlocatable Owner): There is an explicit exception to the prohibition if, after a reasonable search and good faith effort, the storage facility owner/operator cannot locate the property owner. In that case, sequestration beneath private property would not be illegal under this section.
  • Scope: Applies to private property. It does not address public land or other jurisdictions; the focus is on private landowner consent.
  • Additive Nature: The provision is additive to existing law (i.e., it creates a new subsection R.S. 30:2.2).

Affected Parties

  • Property Owners: The bill recognizes property owners as having a right to consent before CO2 sequestration occurs beneath their land.
  • CO2 Storage Facility Owners/Operators: Entities that plan to sequestrate carbon dioxide beneath private property would need to obtain consent prior to sequestration, or rely on the unlocatable-owner exception.
  • Potentially Affected Stakeholders: Developers of carbon capture, utilization, and storage (CCUS) projects; land developers; municipalities with private property interests.

Procedural and Timeline Considerations

  • Legislative Action: HB 327 was introduced for the 2026 Regular Session, with initial readings and committee referrals noted (Natural Resources and Environment).
  • Effective Date: The bill text does not specify an effective date in the excerpt provided; if enacted, the effective date would typically be specified in the final enrolled act or with standard transition provisions.
  • Implementation: If enacted, regulatory or administrative steps would be needed for storage operators to document consent or demonstrate compliance with the unlocatable-owner exception.

Practical Implications

  • The bill reinforces private property rights by requiring consent for subsurface CO2 storage beneath private land.
  • Projects would need to implement owner outreach and consent procedures or demonstrate that an owner cannot be located after reasonable search efforts.
  • The unlocatable-owner exception provides a potential pathway for sequestration under private property where ownership cannot be determined, but it requires a good-faith, reasonable search by the operator.

Observations

  • The bill is narrowly focused on consent requirements and does not address broader regulatory frameworks for CO2 sequestration (e.g., environmental impact, safety, leakage monitoring) beyond the private-property consent issue.
  • If property owners opt to withhold consent, sequestration plans on their land could be blocked unless the unlocatable-owner exception applies or other legal avenues are pursued.

For readers seeking to understand the bill's substance, HB 327 shifts CO2 sequestration practice on private land toward explicit owner consent, with a defined exception for unlocatable owners after reasonable efforts.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.