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 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.