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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 review by the attorney5
general; to provide for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:2373(G) is hereby enacted 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)(a) Any settlement provided for in this Section that allows the respondent16
to perform a beneficial emergency planning, preparedness, and response project shall17
be submitted to the attorney general for his approval or rejection. The settlement18
shall be accompanied by the underlying enforcement action, a description of the19
beneficial emergency planning, preparedness, and response project that is an element20 HLS 14RS-1431 REENGROSSED
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of such settlement, and a justification for the settlement. Approval or rejection by the1
attorney general of any settlement shall be in writing and include, if rejected, a2
detailed written reason for rejection.3
(b) Reasons for rejection shall be failure of the department to follow and4
adhere to the Right-to-Know Law, the regulations promulgated thereunder, or any5
other constitutional, statutory, or regulatory provisions.6
(c) The attorney general shall make any request for additional information7
concerning the terms and condition of the settlement within thirty days of receiving8
the request for approval or rejection. Within thirty days of a request for additional9
information by the attorney general, the department shall provide its responses to10
such request.11
(d) The department may execute the proposed settlement without the12
approval of the attorney general if the attorney general does not give written notice13
to the department of his rejection of the settlement within ninety days after receiving14
the proposed settlement.15
(3) 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 that the respondent agrees to undertake as18
a component of a settlement of a civil penalty assessment under this Subsection; and19
a project that provides assistance to a responsible state or local emergency planning,20
preparedness, or response entity. Beneficial emergency planning, preparedness, and21
response projects shall enable such entity to further fulfill its obligations to collect22
information to assess the dangers of hazardous materials present in a response23
situation, to develop emergency plans or procedures, to train emergency response24
personnel, and to better respond to emergency situations. Such projects may include25
providing computers and software, communication systems, chemical emission26
detection and inactivation equipment, and hazardous materials equipment and27
training.28 HLS 14RS-1431 REENGROSSED
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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 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 assessments
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 requires such settlements be submitted along with the underlying enforcement
action, a description of the project, and justification for the settlement to the attorney general
for approval or rejection. Proposed law requires any approval or rejection to be in writing
and, if rejected, include written reasons for the rejection.
Proposed law requires the attorney general to request additional information within 30 days
of the request of his review and requires the information to be provided by the department
within 30 days of his request.
Proposed law authorizes the department to execute the settlement without the approval of
the attorney general if a notice of rejection is not given to the department within 90 days of
the attorney general receiving the settlement.
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
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 HLS 14RS-1431 REENGROSSED
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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))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added a review process by the attorney general to approve or reject settlements.