HLS 14RS-1750 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1084
BY REPRESENTATIVE BROSSETT
ENVIRONMENT/AIR: Creates the Air Quality Monitoring Commission
AN ACT1
To enact R.S. 30:2067, relative to air quality; to provide for the "Louisiana Air Quality2
Monitoring Law"; to establish an Air Quality Monitoring Commission; to provide3
for definitions; to provide for membership; to provide for the duties and4
responsibilities of the commission; to require certain facilities to monitor air quality;5
to provide for assistance from first responders; to provide for enforcement; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:2067 is hereby enacted to read as follows:9
ยง2067. Air Quality Monitoring Commission; monitoring; enforcement10
A.(1) The provisions of this Section shall be known as, and may be cited as11
the "Louisiana Air Quality Monitoring Law".12
(2) As used in this Section, the following words shall have the following13
meanings ascribed to them:14
(a) "Facility" means any source of air pollutants that is required to obtain a15
federally enforceable operating permit in accordance with 40 CFR Part 70.16
(b) "First responder" means the first arriving, organized, professional17
responders with the capability and mission to contain, mitigate, and resolve an18
emergency.19 HLS 14RS-1750 ORIGINAL
HB NO. 1084
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B. The Air Quality Monitoring Commission is hereby created and shall be1
composed of the following members:2
(1) The secretary of the Department of Health and Hospitals, or his designee.3
(2) The secretary of the Department of Environmental Quality, or his4
designee.5
(3) A representative of the United States Environmental Protection Agency6
designated by the administrator.7
(4) The chair of the Department of Global Environmental Health Sciences8
of the Tulane University School of Public Health and Tropical Medicine, or his9
designee.10
(5) The director of the Environmental and Occupational Health Sciences11
Program at the Louisiana State University Health Sciences Center, or his designee.12
(6) Nine residents each representing one of the state's nine homeland security13
and emergency management regions appointed jointly by the chair of the House14
Committee on Natural Resources and Environment and the chair of the Senate15
Committee on Natural Resources from a list of nominees submitted by the governing16
authority of local governmental entities. Nominees shall live within the region from17
which they are nominated and within two miles of a facility as defined by this18
Section, have demonstrated a commitment in their parish or municipality to improve19
air quality, and submit a letter of interest to the governing authority of their local20
governmental entity. The governing authority shall submit one nominee, selected21
from residents who submitted a letter of interest, to the chair of the House22
Committee on Natural Resources and Environment and the chair of the Senate23
Committee on Natural Resources.24
(7) Two representatives from the nonprofit sector who have a demonstrated25
history of addressing industrial emissions and air quality appointed jointly by the26
chair of the House Committee on Natural Resources and Environment and the chair27
of the Senate Committee on Natural Resources from a list of nominees submitted by28 HLS 14RS-1750 ORIGINAL
HB NO. 1084
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the Louisiana Bucket Brigade, the League of Women Voters, and the Louisiana1
Environmental Action Network.2
C.(1) No person shall accept membership to the commission if at anytime3
during the prior four years, the person derived anything of substantial economic4
interest, as defined by R.S. 42:1102(21), directly or indirectly through any5
transaction involving any of the industries or facilities to be monitored pursuant to6
this Section of which he may reasonably be expected to know; or from any entity7
that transacts business with any of the industries or facilities to be monitored8
pursuant to this Section of which he may reasonably be expected to know.9
(2) The secretary of the Department of Environmental Quality shall serve as10
chair and the commission shall meet at the call of the chairman or a majority of the11
commission. The members appointed as provided in Paragraphs (B)(6) and (7) of12
this Subsection shall serve initial staggered terms of two, four, and six years as13
determined by the appointing authority and shall serve four-year terms thereafter.14
The members of the commission shall not be compensated for their services on the15
commission but may seek travel reimbursements from their respective agencies. A16
majority of the membership is necessary for a quorum. A vacancy on the17
commission shall be filled in the same manner as the original appointment.18
D. The commission has the authority to do the following:19
(1) Approve the monitoring systems used by a facility as required by20
Subsection E of this Section.21
(2) Approve the location and quantity of such monitors on or near the22
boundaries of a facility.23
(3) Determine the schedule for installation of such monitoring system.24
(4) Notify the United States Environmental Protection Agency, the25
department, and local governmental entities when toxic air pollutants register above26
a level that presents, or may present, a threat of adverse human health or a threat to27
the environment.28 HLS 14RS-1750 ORIGINAL
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(5) Notify the United States Environmental Protection Agency, the1
department, and local governmental entities when a facility is not complying with2
Subsection E of the Section.3
(6) Order a facility to shut down production that is producing toxic air4
pollutants above a level that presents, or may present, a threat of adverse human5
health or a threat to the environment.6
E. Each facility, as defined in Subsection A of this Section, shall install7
monitors on or near the facility's boundary as approved by the commission that8
provides the following:9
(1) Detect, report, and record speciated volatile organic chemicals and air10
pollutants in parts per billion.11
(2) Provide real-time and continuous air quality data and air sampling12
reported on a real-time website available to the public.13
(3) Use standard quality assurance and quality control protocols.14
F. Each facility, as defined in Subsection A of this Section, shall develop a15
plan for assistance by local first responders in the event of an unplanned release of16
toxic air pollutants and shall submit such plan to the governing authority of the local17
governmental entity where the facility is located. The plan shall provide for the18
following:19
(1) Adequate arrangement to protect public safety through the use of first20
responders.21
(2) An emergency response that addresses personnel roles, lines of authority,22
training, and communication in the event that the level of toxic air pollution creates23
a hazardous public safety incident.24
(3) Training based on the duties and functions to be performed by each25
responder in the event that the level of toxic air pollutants creates a hazardous public26
safety incident.27
(4) Provides first responders with access to the real-time data from the28
monitoring system required in Subsection E of this Section.29 HLS 14RS-1750 ORIGINAL
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G. No state, local governmental entity, or industry official shall make any1
statements to the public on the impact of a release provided for in this Section, unless2
the data at the parts per billion proves the veracity of the statement.3
H. A facility found to be in violation of this Section shall be subject to the4
enforcement procedures provided by R.S. 30:2025 and 2026.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Brossett HB No. 1084
Abstract: Creates the "La. Air Quality Monitoring Law".
Proposed law provides for definitions and creates the Air Quality Monitoring Commission
composed of the following members:
(1)The secretary of the Department of Health and Hospitals, or his designee.
(2)The secretary of the Department of Environmental Quality, or his designee.
(3)A representative of the United States Environmental Protection Agency designated
by the administrator.
(4)The chair of the Department of Global Environmental Health Sciences of the Tulane
University School of Public Health and Tropical Medicine, or his designee.
(5)The director of the Environmental and Occupational Health Sciences Program at the
Louisiana State University Health Sciences Center, or his designee.
(6)Nine residents each representing one of the state's nine homeland security and
emergency management regions appointed jointly by the chair of the House
Committee on Natural Resources and Environment and the chair of the Senate
Committee on Natural Resources from a list of nominees submitted by the governing
authority of local governmental entities. Nominees shall live within the region from
which they are nominated and within two miles of a facility as defined by proposed
law, have demonstrated a commitment in their parish or municipality to improve air
quality, and submit a letter of interest to the governing authority of their local
governmental entity. The governing authority shall submit one nominee, selected
from residents who submitted a letter of interest, to the chair of the House HLS 14RS-1750 ORIGINAL
HB NO. 1084
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are additions.
Committee on Natural Resources and Environment and the chair of the Senate
Committee on Natural Resources.
(7)Two representatives from the nonprofit sector who have a demonstrated history of
addressing industrial emissions and air quality appointed jointly by the chair of the
House Committee on Natural Resources and Environment and the chair of the Senate
Committee on Natural Resources from a list of nominees submitted by the La.
Bucket Brigade, the League of Women Voters, and the La. Environmental Action
Network.
Proposed law prohibits membership to the commission if at anytime during the prior four
years, the person derived anything of substantial economic interest directly or indirectly
through any transaction involving any of the industries or facilities to be monitored of which
he may reasonably be expected to know; or from any entity that transacts business with any
of the industries or facilities to be monitored of which he may reasonably be expected to
know.
Proposed law provides that the secretary of the Department of Environmental Quality shall
serve as chair and the commission shall meet at the call of the chairman or a majority of the
commission.
Proposed law provides for initial staggered terms of two, four, and six years and four-year
terms thereafter for the members appointed to represent the homeland security and
emergency management regions and the nonprofit sector.
Proposed law provides that the members shall not be compensated for their services on the
commission but may seek travel reimbursements from their respective agencies. Proposed
law provides that a majority of the membership is necessary for a quorum and a vacancy on
the commission shall be filled in the same manner as the original appointment.
Proposed law provides that the commission has the authority to approve the monitoring
systems used by a facility, the location and quantity of monitors on or near the boundaries
of a facility; determine the schedule for installation of the monitoring system; notify the
Environmental Protection Agency (EPA), the department, and local governmental entities
when toxic air pollutants register above a level that presents, or may present, a threat of
adverse human health or the environment and when a facility is not complying with
monitoring as required by proposed law; and order a facility to shut down production that
is producing toxic air pollutants above a level that presents, or may present, a threat of
adverse human health or a threat to the environment.
Proposed law requires each facility that has a federally enforceable air permit to install
monitors on or near the facility's boundary as approved by the commission.
Proposed law provides that the monitors detect, report, and record speciated volatile organic
chemicals and air pollutants in parts per billion, provide real-time and continuous air quality
data and air sampling reported on a real-time website available to the public, and use
standard quality assurance and quality control protocols.
Proposed law requires such facilities to develop a plan for assistance by local first responders
in the event of an unplanned release of toxic air pollutants and shall submit such plan to the
governing authority of the local governmental entity where the facility is located.
Proposed law provides that the plan provide for arrangements for the use of first responders;
a response that addresses personnel, authority, training, and communication; and access to
the real-time data from the monitoring system required by proposed law. HLS 14RS-1750 ORIGINAL
HB NO. 1084
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are additions.
Proposed law prohibits any state, local governmental entity, or industry official from making
any statements to the public on the impact of a toxic air release, unless the data proves the
veracity of the statement.
Proposed law provides that a facility found to be in violation of proposed law shall be
subject to the enforcement procedures provided in present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 30:2067)