§ 51:1603 — Jurisdiction, powers, and responsibilities

§1603. Jurisdiction, powers, and responsibilities
The Department of Conservation and Energy, acting through the secretary, shall
administer this Chapter. The secretary may authorize officers or employees of the department
to administer the provisions of this Chapter, subject to the overall direction and supervision
of the secretary. The secretary shall have the following duties and powers and is authorized,
empowered, and, as applicable, required to:
(1) Utilize the services of the other executive departments of the state upon mutually
agreeable terms and conditions.
(2) Receive, by appropriation, gift, grant, donation, or otherwise, any sum of money,
aid, or assistance from any person or the United States, its agencies, the state of Louisiana,
or any political subdivision thereof for the implementation and enforcement of this Chapter.
(3) Represent personally, or through department personnel or personnel under
contract, the state in all matters involving or affecting the interest of the state and its citizens
pursuant to this Chapter before any state or federal courts and agencies, offices, officials,
legislative or congressional committees, and in all judicial or administrative actions arising
out of the proceedings of such agencies, offices, and committees or in relation thereto.
(4) Take such actions, promulgate and amend such rules and regulations, determine
those facilities qualifying as support facilities under this Chapter, and issue such orders,
licenses, and permits as necessary or appropriate to carry out the general intent and purposes
of this Chapter.
(5) Issue, cause to be issued, or take such measures as may be required for the
issuance of bonds as authorized in this Chapter.
(6) Plan, finance, construct, operate, acquire, or lease, as lessor or lessee, or develop
support facilities, and otherwise facilitate the construction, development, and operation by
licensees under this Chapter of such support facilities as are deemed necessary by the
secretary to carry out the intent of this Chapter and protect the public interest. Any action
that would provide for the ownership or operation of support facilities by the department
must be approved by the secretary, rather than any designee of the secretary, and by a joint
meeting of the House and Senate natural resources committees.
(7)(a) If deemed in the public interest of the state and, where necessary, in
conjunction with the Department of Energy in the implementation and administration of the
Powerplant and Industrial Fuel Use Act of 1978, establish and implement a state plan that
will assure maximum exemptions from the use of or conversion to coal or other alternate fuel
by industries and powerplants in the state; postpone to the extent practicable such use or
conversion; and, where such use or conversion is mandated or voluntarily undertaken,
facilitate such use or conversion; and implement such measures as are practicable to insure
that, to the maximum extent possible, natural gas affected by such conversion is retained
within the state.
(b) Such state plan shall include the study and review of conditions presently existing
in the state with regard to electrical powerplants and industries to determine the economic
and environmental impact of the use of or conversion to coal or other alternate fuel in lieu
of natural gas and petroleum.
(c) In establishing and implementing the state plan, the secretary may make rules and
regulations; construct and operate support facilities, whether through the department or by
contract with licensees under this Chapter or other third parties; issue licenses to persons to
construct, operate, and own support facilities; coordinate the state plan with the federal
government and its jurisdictional agencies; grant exemptions to conversion requirements
under conditions stated in rules and regulations promulgated by the Department of
Conservation and Energy in accordance with the Powerplant and Industrial Fuel Use Act of
1978 and other applicable federal law and regulation; issue bonds; and do other things as are
necessary to establish the state plan within the intent and purposes of this Chapter.

Legislative History

Acts 1983, No. 705, §5, eff. Sept. 1, 1983; Acts 2023, No. 150, §21, eff. Jan. 10, 2024.