§ 51:1601 — Findings; policy and procedure

§1601. Findings; policy and procedure
The legislature finds and declares that:
(1) The industrial base of the state of Louisiana, upon which the economy of the state
is heavily dependent, is highly energy intensive.
(2) The primary industrial and powerplant energy sources in the state of Louisiana
are natural gas and petroleum.
(3) The Congress of the United States has enacted Public Law 95-620, the
"Powerplant and Industrial Fuel Use Act of 1978", 1 which, among others, has as its purpose
the discouragement, prohibition, or minimization of the use of natural gas and petroleum as
a primary energy source and the encouragement of the greater use of coal and other alternate
fuels in lieu of natural gas and petroleum as a primary energy source, including the use of
coal in existing and new electric powerplants and major fuel-burning installations.
(4) The unplanned and federally mandated use of coal and other alternate fuels in
lieu of natural gas and petroleum in new industries and powerplants and the federally
mandated conversion of the state's industrial and powerplant fuel requirements from natural
gas and petroleum to coal or other alternate fuels could cause a major disruption of the state's
industrial base, resulting in curtailment of vital public services and severe economic
dislocations and hardships, including loss of jobs and closing of factories and businesses and
would discourage expansion of existing facilities and deter new industries from locating in
the state.
(5) The Powerplant and Industrial Fuel Use Act of 1978 permits the Secretary of
Energy, in his discretion, to consider state law in exempting new and existing industries and
powerplants from the requirement of using or converting to coal or other alternate fuel in lieu
of natural gas or petroleum and in postponing the requirement for the use or conversion to
coal or other alternate fuel.
(6) If industries and powerplants within the state are required by the Secretary of
Energy to convert to coal or other alternate fuel in lieu of natural gas or petroleum, the state,
acting through an appropriate state agency, may ameliorate the effects of the requirement to
use or convert to coal or other alternate fuel, provided that such state agency has the
jurisdiction and power to work in conjunction with the Secretary of Energy in the
administration of federal laws and regulations and provided that such state agency has the
jurisdiction and power to implement any necessary or required state action. Such state
agency will be able to assist industries and powerplants within the state in obtaining
exemptions from the requirements of federal laws and regulations or in preparing to use and
using or converting to the use of coal or other alternate fuel in lieu of natural gas and
petroleum, with a minimum of disruption in the state's overall economy.
(7) It is within the police power of the state and in the public interest of the state to
insure that measures will be taken to avoid, if possible, or ameliorate the effects of mandated
use of coal or other alternate fuel and conversion of the state's industrial and powerplant fuel
requirements from natural gas and petroleum to coal or other alternate fuels and, where use
and conversion are mandated or undertaken, to insure that such use and conversion occur
with a minimum of adverse economic effect on the state and that to the maximum extent
possible measures be taken to insure that natural gas affected by this conversion be retained
within the state of Louisiana.
(8) The public interest of the state in avoiding or ameliorating the effects of the
conversion of the state's industrial and powerplant fuel requirements from natural gas and
petroleum to coal or other alternate fuels can best be served by granting to the Department
of Conservation and Energy primary state governmental responsibility for intervening on
behalf of the state with the United States Department of Energy in the implementation and
administration of the Powerplant and Industrial Fuel Use Act of 1978, and authorizing the
department to implement measures within the state as may postpone untimely
implementation of federal laws and regulations and further, where use of or conversion to
coal or other alternate fuel is mandated, to take measures as may be required to ensure that
mandated future use and conversion proceeds in an orderly fashion and with a minimum of
adverse economic effect upon the state and to the maximum extent possible take measures
to ensure that natural gas affected by this conversion be retained within the state of
Louisiana.
1 42 U.S.C.A. §8301 et seq.

Legislative History

Acts 1979, No. 605, §1; Acts 2023, No. 150, §21, eff. Jan. 10, 2024.