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SB 502

FARMING: Provides relative to the storage of sugarcane bagasse biomass. (gov sig)

2026 Regular Session Introduced by Stewart Cathey

No parish or municipal bans on storing sugarcane bagasse if storage follows a BMP plan approved by LDAF and shared with DEQ.

Sent to the Governor by the Secretary of the Senate.
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Bill Summary · SB 502

Summary of Louisiana SB 502 (2026 Regular Session)

Purpose

SB 502, introduced by Senator Cathey, seeks to protect the storage of sugarcane bagasse biomass by ensuring that parish and municipal authorities cannot prohibit or regulate such storage if it is conducted in accordance with an approved best management practice (BMP) plan. The bill adds definitions for sugarcane bagasse biomass and clarifies the interplay between BMPs and local ordinances.

Key Provisions

  • Definitions Added (R.S. 3:3602):

    • Sugarcane bagasse biomass means the solid, fibrous material remaining after extracting liquid from sugarcane stalks. It includes:
    • Biomass from factory bagasse from industrial extraction (trace amounts of sugarcane liquid).
    • Biomass from pressed cane stalks or on-farm/small-factory bagasse (higher sugarcane liquid content).
    • Dewatered pulp derived from bagasse, recognized by the U.S. EPA as a fuel under 40 CFR 241.4.
    • Traditional farm practices remains defined as accepted and customary standards for agricultural operations under similar circumstances, with best management practices for animal feeding operations determined by the Louisiana Department of Agriculture and Forestry (LDAF) in conjunction with the LSU AgCenter.

  • Local Ordinances (R.S. 3:3607(E)) – Prohibition on Restrictions:

    • No parish or municipal governing authority may enact or enforce any ordinance prohibiting the storage of sugarcane bagasse biomass if storage is conducted in accordance with a BMP plan approved in writing by the Department of Agriculture and Forestry (LDAF) and provided to the Department of Environmental Quality (DEQ).

  • Effective Date (Amendments):

    • The bill as amended by the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development provides for a change in effectiveness: effective upon the governor’s signature (as amended by committee). Originally stated as August 1, 2026, in the bill text, but the committee amendments moved the effective date to immediate effect upon signature.

Who/What Is Affected

  • Local Governments: Parish and municipal governing authorities. They are restricted from banning or enforcing ordinances that prohibit storing sugarcane bagasse biomass when the storage complies with an approved BMP plan.
  • Sugarcane Bagasse Operators: Farms and facilities storing bagasse biomass, including on-farm operations and small processors using bagasse for energy or other uses, provided they follow an approved BMP plan.
  • Regulatory Agencies: LDAF (for BMP plan approval) and DEQ (to receive BMP approvals).

Procedural and Timeline Aspects

  • Effective Timing: As amended, the act becomes effective upon the governor’s signature (rather than a fixed future date).
  • Legal Framework: Amends existing statute (R.S. 3:3602(18)) and adds new subdivisions (R.S. 3:3602(19) and 3607(E)) to establish the new protections and definitions.
  • Enforcement: Local ordinances may not prohibit bagasse storage if BMP plans are followed and approved by LDAF and shared with DEQ.

Potential Impacts

  • Regulatory Uniformity: Creates a state-protected pathway for bagasse storage, potentially reducing local restrictions that could hinder biomass storage operations.
  • BMP Emphasis: Shifts emphasis to BMP plan approval by LDAF, reinforcing voluntary compliance standards and collaboration with DEQ.
  • Environmental Considerations: By tying storage to EPA-recognized or BMP-based practices, the bill aims to balance agricultural operations with environmental oversight.

Note: The summary focuses on substantive changes and practical effects for operators, regulators, and local governments.

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

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