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)]
Billiot HB No. 1088
Abstract: Requires the lessee or prospective donor to conduct a remedial investigation of
certain property prior to vacating.
Proposed law requires that prior to vacating any facility located on public land owned or leased
from the state or any governmental entity, or prior to donation of any land to the state or such
entity, the lessee or prospective donor shall conduct a remedial investigation to determine the
presence of any hazardous substance, if any of the following exist:
(1) The property was used in a manner that required a major air source permit, a solid waste
permit, a hazardous waste permit, a Louisiana Pollutant Discharge Elimination System
permit classified as major by the U.S. Environmental Protection Agency, regulation as a
large quantity generator of hazardous waste, or as a solid or hazardous waste transporter.
(2)A lessee or prospective donor knows or reasonably should have known that any of his
activities would result in the discharge or disposal of a hazardous substance on the
property.
Proposed law requires that if any evidence of contamination is found on the property pursuant to
the remedial investigation, the results shall be submitted to the secretary within 30 days. Should
the results show that contaminates on the property exceed any applicable standard, the lessee or
prospective donor must submit a remedial action work plan to the secretary.
Proposed law provides that proposed law shall not apply to any property that was utilized as a
permitted landfill or other facility where waste was allowed to remain in place after closure or to
any property that is subject to facility-wide corrective action under present hazardous waste laws.
Proposed law provides that violations of proposed law may subject the lessee or prospective
donor to an enforcement action in addition to any other liability imposed for remediation of the
property pursuant to present law.
Proposed law provides that proposed law shall not relieve the lessee or prospective donor from
any liability which he would otherwise have under present law or any other federal or state rule
or regulation. Additionally, proposed law shall not affect the liability of any person with respect
to any damages caused to third parties.
(Adds R.S. 30:2034)