Louisiana Revised Statutes 51:1604 – Implementation and Administration
Terms Used In Louisiana Revised Statutes 51:1604
- Coal: means anthracite and bituminous coal, lignite, and any fuel derivative thereof. See Louisiana Revised Statutes 51:1602
- Contract: A legal written agreement that becomes binding when signed.
- Conversion: shall mean the voluntary or mandated conversion of industrial and powerplant fuel requirements in the state from natural gas or petroleum to coal or other alternate fuels. See Louisiana Revised Statutes 51:1602
- department: means the Department of Energy and Natural Resources of the state of Louisiana. See Louisiana Revised Statutes 51:1602
- Department of Energy: means the Department of Energy of the United States. See Louisiana Revised Statutes 51:1602
- Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Other alternate fuel: as used in this Chapter shall mean some fuel other than natural gas, coal, and with the exceptions stated in the Federal Powerplant and Industrial Fuel Use Act of 1978, oil. See Louisiana Revised Statutes 51:1602
- Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. See Louisiana Revised Statutes 51:1602
- Powerplant: as used in this Chapter means a stationary electric generating unit consisting of a boiler, gas turbines, or combined cycle unit that produces electricity for sale or exchange or self-generated use. See Louisiana Revised Statutes 51:1602
- secretary: means the secretary of the Department of Energy and Natural Resources of the state of Louisiana or such persons as the secretary may authorize to act for him as provided in Louisiana Revised Statutes 51:1602
- State plan: means a program or plan of the state of Louisiana planned, prepared, established, and administered by the Department of Energy and Natural Resources to implement the intent and purposes of this Chapter. See Louisiana Revised Statutes 51:1602
- Support facility: means any facility providing an intermediate coal or alternate fuel service essential or useful to the use of or conversion to such fuels by powerplants and industries, the availability of which will facilitate economical and orderly use of or conversion to coal or alternate fuel and inure to the benefit of Louisiana citizens using the products produced by the powerplants and industries which utilize the support facility, and which the secretary has determined is required by the public interest of the state to be either licensed by the state under this Chapter, or if no person is interested in obtaining a license and constructing and operating such support facility, is owned and operated by the department as elsewhere provided in this Chapter. See Louisiana Revised Statutes 51:1602
The secretary of natural resources, to the maximum extent practicable, shall:
A. Conduct a study and review of conditions presently existing within the state with regard to powerplants and industries to determine the impact of the mandated use of or conversion to coal or other alternate fuels in lieu of natural gas and petroleum.
B. If deemed in the public interest of the state, work in conjunction with the Department of Energy in the implementation of the Powerplant and Industrial Fuel Use Act of 1978,1 including the adoption of regulations thereunder.
C. Take such actions as may from time to time assist in the prevention or postponement of the use of or conversion to coal or other alternate fuel through exemption procedures or other applications of available state or federal laws and regulations.
D. Take such actions as may from time to time assist industries and powerplants within the state in their use of or conversion to coal or other alternate fuels in lieu of natural gas and petroleum when such use or conversion is mandated or voluntarily undertaken by industries and powerplants.
E. Take such actions in conjunction with the assistant secretary of conservation that will insure that, to the maximum extent possible, natural gas affected by such conversion will be retained in the state.
F. Repealed by Acts 1983, No. 705, §7, eff. Sept. 1, 1983.
G. Determine the type of facility which shall qualify as a support facility as defined in this Chapter and adopt rules and regulations pursuant to the Louisiana Administrative Procedure Act providing for the licensing of such support facilities. The regulations providing for the issuance of a license authorizing the construction and operation of support facilities shall establish qualifications for an applicant for a license. Any license issued pursuant to this Section shall contain and be subject to such terms and conditions as the secretary deems necessary to comply with the purposes and intent of this Chapter, which terms and conditions may include the requirement that the licensee participate in a state plan as otherwise authorized herein and established by the secretary.
H. No person shall construct or operate or cause to be constructed or operated within the state any support facility without first obtaining a license issued by the secretary pursuant to this Chapter and the regulations promulgated hereunder; provided, however, that the license provisions of this Chapter shall not apply to support facilities constructed and operated by a powerplant or industry for its own use, provided that no less than sixty days prior to constructing such facility, the powerplant or industry shall notify the secretary in writing of the type and location of the support facility planned. The secretary shall thereafter take into consideration the effect of such facility in determining the necessity for licensing additional facilities of that type in the region affected.
I. To the extent determined necessary to assist in the use of or conversion to coal or other alternate fuel in the state, construct and operate, or cause to be constructed or operated, support facilities, whether through the department or others; provided, however, that any action which would provide for the ownership or operation of support facilities by the department must be approved by a joint meeting of the House and Senate natural resources committees. The secretary shall be authorized to contract, by lease or otherwise, with licensees under this Chapter or other third parties, for the development, acquisition, construction, operation, and financing of such support facilities. Provided further that nothing in this Chapter shall permit the secretary to acquire, develop, construct, lease, or finance any nuclear facility.
Added by Acts 1979, No. 605, §1. Acts 1983, No. 705, §7, eff. Sept. 1, 1983.
142 U.S.C.A. §8301 et seq.