EXECUTIVE ORDER MJF 01-49

Comprehensive Energy Policy Advisory Commission

WHEREAS, several regions of the United States of America are currently experiencing an energy shortage;

WHEREAS, several regions of the United States of America are also experiencing a shortage of electrical generating capacity;

WHEREAS, the state of Louisiana has a large supply of energy-rich natural resources;

WHEREAS, the state of Louisiana has an abundance of natural resources which are well-suited for the production of electricity and other forms of energy;

WHEREAS, many of Louisiana's natural resources are not currently being utilized as effectively as possible;

WHEREAS, much of the energy consumed in Louisiana is used directly in the extraction, refining, processing, or manufacture of large portions of the nation's energy and agricultural supplies;

WHEREAS, there have been significant advancements in energy production methods which should be explored and put into practice;

WHEREAS, the development of a comprehensive energy policy for Louisiana would help maximize the use of Louisiana's natural resources and help alleviate the national shortage of energy;

WHEREAS, the current methods of transmitting and distributing energy have evolved in a patchwork pattern over time and need to be studied and modified to function as part of a comprehensive system; and

WHEREAS, the development of such a comprehensive energy policy would be in the best interests of the people of Louisiana and the nation;

NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The Comprehensive Energy Policy Advisory Commission (hereafter "Commission") is established and created within the executive department, Office of the Governor.

SECTION 2: The Commission shall review existing state energy policies and shall develop recommendations for a comprehensive energy policy for the state of Louisiana. In preparing this policy, the Commission's duties shall include, but are not limited to the following:

A. review the potential to revitalize the usage of undeveloped mineral leases and abandoned wells on state property;

B. review methods by which the state could provide incentives and encourage the exploration and production of oil and natural gas on these undeveloped leases and abandoned wells;

C. review current conservation incentive programs and develop methods to improve, expand, or redesign such programs to reduce the consumption of energy by the state, its citizens, and its industry;

D. determine the feasibility of the state constructing, or encouraging the construction of electrical cogeneration facilities to increase the supply of electricity and reduce its cost;

E. determine ways to encourage the building, in appropriate locations, of private electrical generation and cogeneration plants in this state, through cogeneration of electricity and other methods;

F. determine recommendations for methods to ensure the full utilization of the capacity of the electrical power line infrastructure in this state;

G. review efforts by the federal government to implement a national energy policy and recommend ways that Louisiana can influence and participate in that plan to benefit the citizens of Louisiana and the nation.

H. review environmental issues associated with the foregoing as necessary to protect and conserve Louisiana's natural heritage;

I. cooperate with the State Water Policy Advisory Task Force, the Department of Natural Resources, the Department of Economic Development, the Public Service Commission, and all other components of the state which recommend, set, or implement state polices concerning energy production and distribution;

J. consider any other issues necessary to develop a comprehensive energy policy for Louisiana.

SECTION 3: By February 1, 2002, the Commission shall submit to the governor a report on the issues set forth in Section 2 of this Order.

SECTION 4: With the exception of the speaker of the House of Representatives and the president of the Senate, and/or their designees, all members of the Commission shall be appointed by the governor. All non-ex-officio appointees on the Commission shall serve at the pleasure of the governor. The Commission shall be composed of twenty- two (22) members selected as follows:

A. the governor, or the governor's designee;

B. the speaker of the House of Representative, or the speaker's designee;

C. the president of the Senate, or the president's designee;

D. the secretary of the Department of Natural Resources, or the secretary's designee;

E. the secretary of the Department of Economic Development, or the secretary's designee;

F. the chair of the State Mineral Board, or the chair's designee;

G. one (1) member of the Louisiana Public Service Commission, appointed by the governor;

H. one (1) member of the State Board of Commerce and Industry, appointed by the governor;

I. five (5) members with significant experience in private industry in fields relating to the extraction, production, or distribution of energy, appointed by the governor; and

J. Nine (9) at-large members, appointed by the governor.

SECTION 5: The governor shall appoint the chair of the Commission. All other officers, if any, shall be elected by the membership of the Commission.

SECTION 6: The Commission shall meet at regularly scheduled intervals and at the call of the chair.

SECTION 7: Support staff, facilities, and resources for the Commission shall be provided by the Department of Natural Resources.

SECTION 8:

A. Commission members shall not receive additional compensation or a per diem for serving on the Commission.

B. Commission members who are employees or elected public officials of the state of Louisiana may seek reimbursement of travel expenses, in accordance with PPM 49, from their employing and/or elected department, agency, and/or office.

C. Commissions members who are also members of the Louisiana Legislature may seek a per diem from the House of Representatives or the Senate, as appropriate, for their attendance at Commission meetings and/or service on the Commission.

SECTION 9: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the Commission in implementing the provisions of this Order.

SECTION 10: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 25th day of October, 2001.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State