Page 1 of 2
Prepared by Heyward Jeffers.
St. Germain HB No. 920
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ENVIRONMENT: Provides for beneficial projects in settlements of Right-to-Know
Law violations
DIGEST
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 Page 2 of 2
Prepared by Heyward Jeffers.
House Floor Amendments to the engrossed bill.
1. Added a review process by the attorney general to approve or reject
settlements.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Environmental Quality
to the reengrossed bill
1. Adds a definition provision that actions arising from a project that is "a
benefit" to emergency planning, preparedness, or a responsible entity, shall
be considered a civil penalty for tax purposes.
2. Adds provision that emergency personnel from local entities in order to better
respond to emergency situations, including threats of communities from
hurricanes or other natural disasters and be trained to better respond to
emergency situations, including threats of communities from hurricanes or
other natural disasters.