La. Admin. Code tit. 43 § I-1109

Current through Register Vol. 50, No. 6, June 20, 2024
Section I-1109 - Definitions
A. For the purposes of this Chapter, unless the terms are defined in a different Chapter or Subpart, the following terms shall have the following meanings. Terms defined in a different Chapter or Section shall have the meaning as defined in that Chapter, Subpart, or Section:

Alternative Energy Source - an energy source other than oil, gas, and other liquid, solid, or gaseous minerals. Including, but not limited to, wind energy, geothermal energy, solar energy, and hydrokinetic energy. It shall not include the cultivation or harvesting of biomass fuels or the use of state land or water bottoms for facilities which utilize biomass fuel to produce energy.

Archaeological Resource - any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest (i.e., capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, or related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation).

Best Available and Safest Technology - the best available and safest technologies recognized within the respective industry, or by government, feasible wherever failure of equipment would have a significant effect on safety, health, or the environment.

Best Management Practices - practices recognized within the respective industry, or by government, as one of the best for achieving the desired output while reducing undesirable outcomes.

Commercial Activities - any and all activities associated with the generation, storage, or transmission of electricity or any other energy product from a project requiring an AESL (hereinafter referred to as "AESP") on state lands or water bottoms, when such electricity or other energy product is intended for distribution, sale, or other commercial use, including, but not limited to, initial site characterization and assessment, facility construction, and project decommissioning.

Decommissioning - the removal of alternative energy source facilities or any other activity associated with the return of the lease site to a condition pursuant to the requirements of Subpart E of this Chapter. Excluded from this provision are technology-testing activities.

Interstate Commerce - any commercial transaction involving more than one state or the movement of goods with respect to the electric power and energy across state boundaries.

Intrastate Commerce - any commercial transaction or movement of goods with respect to the electric power and energy wholly within the state.

Interstate Transmission - the generation of electric power used for the transmission of electric energy in interstate commerce.

Intrastate Transmission - the generation of electric power used for the transmission of electric energy in intrastate commerce.

Lease Applicant - a person or business entity who is formally seeking an AESL in which the port; harbor and terminal district; or port, harbor, and terminal district has not granted prior written approval for the development of an alternative energy source.

Legal Area - state lands or water bottoms subject to a compromise agreement or legal adjudication.

Lessee - the holder of an AESL granted by the board, including any approved sub-lessee, assignee, or successor, or any person or business entity authorized by the holder of the lease or operator to conduct activities on the lease.

Levee District - defined pursuant to the definition set forth in R.S. 38:281(6).

Marine - the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the marine ecosystem. These include the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and in the state.

Operator - the individual, business, or other legal entity having control or management of activities on the leased acreage, including, but not limited to, the lessee or a third party designated by the lessee.

Political Subdivision - defined pursuant to the definition set forth in R.S. 42:1102(17).

Port Authority - the governing authority of any port; harbor and terminal district; or port, harbor, and terminal district.

Revenue - a bonus or other similar payment owed and/or paid by the lessee to the lessor as required under the lease. It does not include administrative fees such as those assessed for cost recovery, civil penalties, and forfeiture of financial assurance.

Riverine - relating to or situated on a river or riverbank.

Secretary - the Secretary of the Department of Natural Resources (DNR) or an official authorized to act on the Secretary's behalf.

Significant Archaeological Resource - an archaeological resource that is eligible to be listed in the National Register of Historic Places, as defined in 36 CFR 60.4 or its successor.

Site Assessment Activity - preliminary activity(ies) performed by the lessee for the purpose of characterizing a site on state lands or water bottoms, in preparation of the installation of facilities. Such activities may include, but are not limited to, resource assessment surveys (e.g., meteorological and oceanographic) or technology testing.

State - the state of Louisiana, its agencies, departments, successors, predecessors, legal representatives, officers, agents, employees, and any other party or entity authorized to act on its behalf.

State Agency - defined pursuant to the definition set forth in R.S. 30:151.

Vessel - defined pursuant to the definition set forth in USC Title 1, Section 3.

La. Admin. Code tit. 43, § I-1109

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:127 (January 2012).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:124.