HLS 15RS-1120 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 158
BY REPRESENTATIVE TERRY LANDRY
MTR VEHICLE/COMMERCIAL: Creates the Hazardous Material Release Task Force
1 A CONCURRENT RESOL UTION
2To create the Hazardous Material Release Task Force to study and make recommendations
3 to the legislature on the application of laws relative to the release of hazardous
4 materials by persons in similar situations.
5 WHEREAS, Act No. 83 of the 1979 Regular Session of the Legislature authorized
6the Department of Public Safety and Corrections, office of state police, to oversee
7compliance governing the transportation, storage, and manufacturing of hazardous materials
8in Louisiana; and
9 WHEREAS, the legislation specifically directed the Department of Public Safety and
10Corrections, office of state police, to provide emergency response to chemical releases at
11industrial sites or sites related to transportation throughout the state; and
12 WHEREAS, the Department of Public Safety and Corrections, office of state police,
13is tasked with enforcing criminal and civil infractions of the laws governing hazardous
14materials; and
15 WHEREAS, two sets of laws govern the release of hazardous materials into the
16environment: the "Right-to-Know" law, R.S. 30:2361 through 2380 and the Hazardous
17Materials Transportation and Motor Carrier Safety law, R.S. 32:1501 through 1526; and
18 WHEREAS, the "Right-to-Know" law requires persons engaged in business or
19research operations which use, manufacture, emit, or store a hazardous material at a facility
20to be responsible for immediately reporting releases of certain hazardous materials in certain
21reportable quantities; and
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1 WHEREAS, the "Right-to-Know" law provides that a civil penalty is not assessed
2to an owner or operator based on any incident or release that was not required to be reported
3and that was reported by the owner or operator as a courtesy; and
4 WHEREAS, carriers, common carriers, or contract carriers subject to the provisions
5of the Hazardous Materials Transportation and Motor Carrier Safety law can be subject to
6a civil penalty or fine for a self-reported release of hazardous materials that is not of a
7reportable quantity; and
8 WHEREAS, a question of equity has arisen surrounding these laws and the
9assessment of fines or penalties to carriers, common carriers, or contract carriers when
10owners or operators would not be subject to such fines in similar situations; and
11 WHEREAS, the Legislature of Louisiana recognizes the need to protect its citizens
12from dangers presented by hazardous materials, but also recognizes the need for these laws
13to allow for fines and civil penalties to be assessed in a fair and equitable manner.
14 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
15create the Hazardous Material Release Task Force to do the following:
16 (1) Review and study the application of the "Right-to-Know" Law, R.S. 30:2361
17through 2380, and the Hazardous Materials Transportation and Motor Carrier Safety law,
18R.S. 32:1501 through 1526, and any administrative rules promulgated pursuant to either.
19 (2) Identify resolutions for any potential conflicts in these laws and administrative
20rules.
21 (3) Propose guidelines for the assessment of penalties or fines when the persons
22subject to either of these laws are similarly situated.
23 BE IT FURTHER RESOLVED that the Hazardous Material Release Task Force shall
24be composed of the following members:
25 (1) The superintendent of the office of state police, or his designee.
26 (2) The secretary of the Department of Environmental Quality, or her designee.
27 (3) The chairman of the House Committee on Transportation, Highways and Public
28Works, or her designee.
29 (4) The chairman of the Senate Committee on Transportation, Highways and Public
30Works, or his designee.
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1 (5) The chairman of the House Committee on Natural Resources and Environment,
2or his designee.
3 (6) The chairman of the Senate Committee on Environmental Quality, or his
4designee.
5 (7) A designee of the Louisiana Motor Transport Association.
6 (8) A designee of the Louisiana Railroad Association.
7 (9) A designee of the Louisiana Gas Association.
8 (10) A designee of the Louisiana Chemical Association.
9 (11) A designee of the Louisiana Mid-Continent Oil and Gas Association.
10 (12) A designee of the Louisiana Farm Bureau Federation.
11 BE IT FURTHER RESOLVED that each of the persons or entities named above shall
12submit the name of the person's or entity's designee to the chairman of the task force on or
13before July 15, 2015.
14 BE IT FURTHER RESOLVED that the task force shall convene no later than August
1515, 2015, and the task force shall be chaired by the superintendent of state police, or his
16designee, who shall be responsible for calling all meetings. The task force shall be staffed
17by the Department of Public Safety and Corrections, office of state police, and the
18Department of Environmental Quality. The majority of the total membership shall constitute
19a quorum and any official action of the task force shall require a vote of a majority of the
20quorum present and voting.
21 BE IT FURTHER RESOLVED that the members of the task force shall serve
22without compensation, except per diem or expense reimbursement to which they may be
23individually entitled as members of their respective organizations.
24 BE IT FURTHER RESOLVED that the task force shall report its findings, together
25with recommendations for action, to the House Committee on Transportation, Highways and
26Public Works, the Senate Committee on Transportation, Highways and Public Works, the
27House Committee on Natural Resources and Environment, and the Senate Committee on
28Environmental Quality, the speaker of the House of Representatives, and the president of the
29Senate by February 1, 2016.
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HCR NO. 158
1 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
2chairman of the Senate Committee on Transportation, Highways and Public Works, the
3chairman of the House Committee on Transportation, Highways and Public Works, the
4chairman of the House Committee on Natural Resources and Environment, the chairman of
5the Senate Committee on Environmental Quality, the superintendent of the office of state
6police, the secretary of the Department of Environmental Quality, the Louisiana Motor
7Transport Association, the Louisiana Railroad Association, the Louisiana Gas Association,
8the Louisiana Chemical Association, the Louisiana Mid-Continent Oil and Gas Association,
9and the Louisiana Farm Bureau Federation.
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)]
HCR 158 Original 2015 Regular Session Terry Landry
Creates the Hazardous Material Release Task Force to review and study the application of
the "Right-to-Know" law, R.S. 30:2361 through 2380, and the Hazardous Materials
Transportation and Motor Carrier Safety law, R.S. 32:1501 through 1526, and any
administrative rules promulgated pursuant to either provision of law, identify resolutions for
any potential conflicts in these laws and administrative rules, and propose guidelines for the
assessment of penalties or fines when the persons subject to either of these laws are similarly
situated.
Specifies that the Hazardous Material Release Task Force shall be composed of the
following persons:
(1)The superintendent of the office of state police, or his designee.
(2)The secretary of the Dept. of Environmental Quality, or her designee.
(3)The chairman of the House Committee on Transportation, Highways and Public
Works, or her designee.
(4)The chairman of the Senate Committee on Transportation, Highways and Public
Works, or his designee.
(5)The chairman of the House Committee on Natural Resources and Environment, or
his designee.
(6)The chairman of the Senate Committee on Environmental Quality, or his designee.
(7)A designee of the Louisiana Motor Transport Association.
(8)A designee of the Louisiana Railroad Association.
(9)A designee of the Louisiana Gas Association.
(10)A designee of the Louisiana Chemical Association.
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HCR NO. 158
(11)A designee of the Louisiana Mid-Continent Oil and Gas Association.
(12)A designee of the Louisiana Farm Bureau Federation.
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