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ACT No. 799
Regular Session, 2014
HOUSE BILL NO. 920
BY REPRESENTATIVE ST. GERMAIN
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
of such settlement, and a justification for the settlement. Approval or rejection by the21
attorney general of any settlement shall be in writing and include, if rejected, a22
detailed written reason for rejection.23 ENROLLEDHB NO. 920
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(b) Reasons for rejection shall be failure of the department to follow and1
adhere to the Right-to-Know Law, the regulations promulgated thereunder, or any2
other constitutional, statutory, or regulatory provisions.3
(c) The attorney general shall make any request for additional information4
concerning the terms and condition of the settlement within thirty days of receiving5
the request for approval or rejection. Within thirty days of a request for additional6
information by the attorney general, the department shall provide its responses to7
such request.8
(d) The department may execute the proposed settlement without the9
approval of the attorney general if the attorney general does not give written notice10
to the department of his rejection of the settlement within ninety days after receiving11
the proposed settlement.12
(3) For purposes of this Subsection, a "beneficial emergency planning,13
preparedness, and response project" means a project that the respondent is not14
otherwise legally required to perform but that the respondent agrees to undertake as15
a component of a settlement of a civil penalty assessment under this Subsection; and16
a project that provides assistance or a benefit to a responsible state or local17
emergency planning, preparedness, or response entity. Beneficial emergency18
planning, preparedness, and response projects shall enable such entity to further19
fulfill its obligations to collect information to assess the dangers of hazardous20
materials present in a response situation, to develop emergency plans or procedures,21
to train emergency response personnel, and shall allow the respondent or state or22
local entity to better respond to emergency situations, including threats to23
communities from hurricanes or other natural disasters. Such projects may include24
providing computers and software, communication systems, chemical emission25
detection and inactivation equipment, and hazardous materials equipment and26
training.27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 ENROLLEDHB NO. 920
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: