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Regular Session, 2014
HOUSE BILL NO. 920
BY REPRESENTATIVE ST. GERMAIN
ENVIRONMENT: Provides for beneficial projects in settlements of Right-to-Know Law
violations
AN ACT1
To enact R.S. 30:2373(G), relative to the Hazardous Materials Information Development,2
Preparedness, and Response Act; to provide for the Right-to-Know Law; to provide3
for settlements of civil penalties assessments; to provide for beneficial emergency4
planning, preparedness, and response projects; to provide for an effective date; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:2373(G) is hereby amended and reenacted to read as follows:8
ยง2373. Failure to report; penalties9
* * *10
G.(1) Notwithstanding the provisions of R.S. 30:2380 to the contrary, the11
department may enter into settlements of civil penalty assessments that allow the12
respondent to perform beneficial emergency planning, preparedness, and response13
projects or provide for the payment of a cash penalty to the state, or both. Such14
settlements shall be considered a civil penalty for tax purposes.15
(2) For purposes of this Subsection, a "beneficial emergency planning,16
preparedness, and response project" means a project that the respondent is not17
otherwise legally required to perform but which the respondent agrees to undertake18
as a component of a settlement of a civil penalty assessment under this Section; and19
a project that provides assistance to a responsible state or local emergency planning,20 HLS 14RS-1431 ORIGINAL
HB NO. 920
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preparedness, or response entity. Beneficial emergency planning, preparedness, and1
response projects shall enable such entity to further fulfill its obligations to collect2
information to assess the dangers of hazardous materials present in a response3
situation, to develop emergency plans or procedures, to train emergency response4
personnel, and to better respond to emergency situations. Such projects may include5
providing computers and software, communication systems, chemical emission6
detection and inactivation equipment, and hazardous materials equipment and7
training.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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)]
St. Germain HB No. 920
Abstract: Provides for beneficial emergency planning, preparedness, and response projects
as a component to a settlement of a civil penalty assessment for violations of the
Right-to-Know Law.
Present law provides for the Right-to-Know Law that requires, in addition to other
provisions, owners and operators to notify the Dept. of Public Safety and Corrections,
emergency response entities and employees of hazardous material stored at their facility and
to report a releases of such materials. Present law provides for civil penalties for violations
of the Right-to-Know Law.
Proposed law retains present law.
Present law requires civil penalties to be deposited into the Right-to-Know Fund.
Proposed law authorizes the department to enter into settlements of civil penalty that allow
the respondent to perform beneficial emergency planning, preparedness, and response
projects or provide for the payment of a cash penalty to the state, or both.
Proposed law provides that such settlements shall be considered a civil penalty for tax
purposes.
Proposed law defines a "beneficial emergency planning, preparedness, and response project"
as a project that the respondent is not otherwise legally required to perform but which the HLS 14RS-1431 ORIGINAL
HB NO. 920
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
respondent agrees to undertake as a component of a settlement of a civil penalty assessment
and provides assistance to a responsible state or local emergency planning, preparedness, or
response entity. Projects shall enable such entity to further fulfill its obligations to collect
information to assess the dangers of hazardous materials present in a response situation, to
develop emergency plans or procedures, to train emergency response personnel, and to better
respond to emergency situations.
Proposed law provides that beneficial emergency planning, preparedness, and response
projects may include providing computers and software, communication systems, chemical
emission detection and inactivation equipment, and hazardous materials equipment and
training.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 30:2373(G))