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