HLS 16RS-609 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 900
BY REPRESENTATIVE LEOPOLD
ENVIRONMENT/FEES: Authorizes an increase in fees collected by the Department of
Environmental Quality
1 AN ACT
2To amend and reenact R.S. 30:2011(D)(22)(b) and (c) and (25), 2014(D)(4) and (5),
3 2195(B), 2351.59(C)(1)(a) and (b), (2), and (3), and to enact R.S. 30:2014(D)(6)
4 and (E), relative to fees collected by the Department of Environmental Quality;
5 to authorize an increase of fees paid to the Department of Environmental
6 Quality; to authorize an increase of fees paid for accreditation by commercial
7 laboratories; to authorize and increase in fees paid for certain reviews of
8 immovable property; to authorize a fee for requesting a declaratory ruling; to
9 authorize an increase for underground storage tank fees; to authorize an
10 increase in fees deposited into the Lead Hazard Reduction Fund; and to provide
11 for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 30:2011(D)(22)(b) and (c) and (25), 2014(D)(4) and (5), 2195(B),
142351.59(C)(1)(a) and (b), (2), and (3) are hereby amended and reenacted and R.S.
1530:2014(D)(6) and (E) are hereby enacted to read as follows:
16 §2011. Department of Environmental Quality created; duties; powers; structure
17 * * *
18 D. The secretary shall have the following powers and duties:
19 * * *
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1 (22)
2 * * *
3 (b) Notwithstanding the provisions of R.S. 30:2014(D)(3) or R.S. 49:971(A),
4 the secretary is hereby authorized to establish a fee schedule in accordance with
5 Subparagraph (c) of this Paragraph for any application for accreditation by a
6 commercial laboratory under the provisions of Subparagraph (a) of this Paragraph.
7 (c) The fee schedule authorized by Subparagraph (b) of this Paragraph shall
8 not exceed the following amounts:
9 (i)Accreditation application fee$ 660.00 726.00
10 payable every scope amendment
11 and every three years year renewal.
12 (ii)(aa) Per major test category per$ 330.00 363.00
13 matrix payable every year, or
14 (bb)Minor conventional category$ 264.00 290.00
15 payable every year.
16 (iii)Annual surveillance and evaluation$ 330.00 363.00
17 applicable to minor conventional
18 facilities and facilities applying for
19 only one category of accreditation.
20 (iv)(aa) Proficiency samples biannually to be
21 purchased by the laboratory.
22 (bb)Bioassay/biomonitoring annually to
23 be purchased by the laboratory.
24 (v)Third party audit to be billed directly to
25 the laboratory.
26 (vi)The accreditation fees for laboratories
27 receiving national accreditation will be
28 one and one-half times the regular fees.
29 * * *
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1 (25) To promulgate rules and regulations providing for conducting requested
2 reviews of environmental conditions of a specified tract of immovable property,
3 including but not limited to requests for no further action letters. Such rules may
4 provide for a fee for each request by the landowner or a party with an interest in a
5 real estate transaction involving the specified property not to exceed the maximum
6 per hour overtime salary, including associated-related benefits, of a civil service
7 employee of the department per hour or portion thereof required to conduct the
8 review plus reasonable indirect costs calculated as a percentage of the hourly fee.
9 Such percentage shall be determined annually by agreement between the department
10 and the United States Environmental Protection Agency for use on grants and
11 contracts. However, the department shall require a requestor to pay a minimum fee
12 not exceeding one thousand five six hundred fifty dollars prior to conducting the
13 review.
14 * * *
15 §2014. Permits, licenses, registrations, variances, and monitoring fees
16 * * *
17 D.
18 * * *
19 (4)(a) In accordance with the provisions of Article VII, Section 2.1 of the
20 Constitution of Louisiana, and notwithstanding any other provision of law, the
21 Department of Environmental Quality may modify any fee that is in effect on June
22 30, 2002, is authorized by this Title, and is required to be deposited into the
23 Environmental Trust Fund. Such a modification may increase the rate in effect on
24 June 30, 2002, over the two-year fiscal period beginning July 1, 2002, as follows:
25 the department may increase any such fee by a maximum of twenty percent, effective
26 on or after July 1, 2002, and by a maximum of ten percent above the rate in effect on
27 June 30, 2003, effective on or after July 1, 2003. Within ninety days of the
28 promulgation and adoption of any regulation necessary to implement the fees herein,
29 the Department of Environmental Quality shall submit a written report to the Joint
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1 Legislative Committee on the Budget for its approval which details the proposed use
2 for the fee increase, efforts to decrease the processing time for permits, efforts to
3 increase the number of inspections conducted at regulated facilities, enforcement
4 activities, and efforts to increase the collection of fines imposed by the Department
5 of Environmental Quality.
6 (b) Notwithstanding any other provision of law to the contrary, the
7 Department of Environmental Quality may increase the following fees from the
8 amounts in effect on March 14, 2015, is authorized by this Title or any rule or
9 regulation promulgated pursuant thereto, and is required to be deposited into the
10 Environmental Trust Fund as follows:
11 (i) Ground water fees provided for in Part 1 of Chapter 14 of Title 33 of the
12 Louisiana Administrative Code may be increased by up to ten percent.
13 (ii) Air fees provided for in Part III of Title 33 of the Louisiana
14 Administrative Code may be increased by up to ten percent. A minimum application
15 fee of five hundred dollar and a minimum annual maintenance fee of two-hundred
16 fifty dollars may be established. The maximum annual maintenance fee for natural
17 gas compressors provided in LAC 33:III.223, Table 1, Categories 1430 through 1490
18 shall not exceed forty-one thousand six hundred twelve dollars for any one gas
19 transmission permit. In addition, the secretary is hereby authorized to establish a fee
20 schedule for the following:
21 (aa) An application fee for a new, modification, or renewal of an acid rain
22 permit not to exceed five hundred dollars.
23 (bb) An application fee for the renewal with no modification of an operating
24 permit not to exceed the minimum minor permit modification fee.
25 (cc) An annual fee charged for sources permitted pursuant to 40 CFR Part 70
26 and required to obtain a permit pursuant to Title V of the federal Clean Air Act not
27 to exceed twenty percent of the total annual maintenance fees.
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1 (iii) Hazardous waste fees provided in Part V of Title 33 of the Louisiana
2 Administrative Code may be increased by up to twenty-five percent. In addition, the
3 secretary is hereby authorized to establish a fee schedule for the following:
4 (aa) An annual maintenance fee for hazardous waste treatment, storage and
5 disposal facilities that are in post-closure not to exceed four thousand one hundred
6 twenty-five dollars.
7 (bb) An application fee for hazardous waste transfer facilities not to exceed
8 one thousand nine hundred dollars.
9 (cc) An application fee for used oil transfer facilities not to exceed one
10 thousand three hundred dollars.
11 (dd) An application fee for an extension of the accumulation time by
12 hazardous waste generators not to exceed five hundred dollars.
13 (iv) (aa) Solid waste fees provided in Part VII of Title 33 of the Louisiana
14 Administrative Code may be increased by up to twenty-five percent.
15 (bb) Tonnage fees for non-industrial wastes provided for in LAC
16 33:VII.1505(B)(2)(b) may be applied for amounts exceeding twenty-five thousand
17 tons.
18 (v) Water quality fees in Part IX of Title 33 of the Louisiana Administrative
19 Code may be increased by up to ten percent. In addition the secretary is hereby
20 authorized to establish a fee schedule for the following:
21 (aa) A general permit for oil and gas wells in the coastal and territorial seas
22 provided for in LAC 33:IX.1309(N) charged annually based upon each application
23 for coverage under the general permit not to exceed one thousand seven hundred
24 fifty dollars.
25 (bb) A general permit for sewage sludge authorizations charged annually not
26 to exceed six hundred dollars.
27 (cc) An annual fee for sewage sludge individual permits not to exceed two
28 thousand dollars.
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1 (vi)(aa) Underground storage tank fees provided for in Part XI of Title 33 of
2 the Louisiana Administrative Code may be increased by up to ten percent.
3 (bb) The secretary is hereby authorized to establish a fee schedule for the
4 amendment of registrations not to exceed sixty dollars.
5 (vii)(aa) Radiation protection fees in Part XV of Title 33 of the Louisiana
6 Administrative Code may be increased by up to ten percent.
7 (bb) The secretary is hereby authorized to establish a fee schedule for a
8 license renewal application fee not to exceed the new application fee.
9 (viii) Any increase authorized by this Subparagraph by a certain percentage
10 shall be rounded up to the nearest dollar.
11 (c) Within ninety days of the promulgation and adoption of any regulation
12 necessary to implement the fees authorized by Subparagraph (b) of this Paragraph,
13 the department shall submit a written report to the Joint Legislative Committee on
14 the Budget for its approval which details the proposed use for the fee increase,
15 efforts to decrease the processing time for permits, efforts to increase the number of
16 inspections conducted at regulated facilities, enforcement activities, and efforts to
17 increase the collection of fines imposed by the department.
18 (5) Except as provided in R.S. 30:2155.1, the department shall collect from
19 each facility permitted as a construction or demolition debris landfill, as part of the
20 annual monitoring and maintenance fee, a fee not exceeding twenty twenty-five cents
21 per ton of construction or demolition debris deposited in the facility. The fee
22 provided for in this Paragraph shall only apply to construction or demolition debris
23 which is subject to a fee imposed by the facility. The secretary is authorized to
24 promulgate rules and regulations to implement this Paragraph.
25 (6) The Department may require a fee to process any request for a declaratory
26 ruling not to exceed the maximum per hour overtime salary, including
27 associated-related benefits, of a civil service employee of the department per hour
28 or portion thereof required to conduct the review plus reasonable indirect costs
29 calculated as a percentage of the hourly fee. Such percentage shall be determined
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1 annually by agreement between the department and the United States Environmental
2 Protection Agency for use on grants and contracts. However, the department may
3 require a requestor to pay a minimum fee of one thousand five hundred dollars.
4 E.(1) The Department of Environmental Quality is expressly granted the
5 authority to adjust fees that are assessed, charged, and collected by the Department
6 of Environmental Quality after June 1, 2018, by an amount not to exceed the annual
7 percentage change in the Consumer Price Index for All Urban Consumers (CPI-U)
8 (All Items - U.S. City Average) maintained by the United States Department of
9 Labor, Bureau of Labor Statistics, rounded downward to the nearest dime.
10 Adjustment determinations may be based on the percentage change from the latest
11 fee adjustment and promulgated in accordance with the Administrative Procedure
12 Act. Fees may only be adjusted based on the annual CPI-U change in even numbered
13 years. The department is authorized to adopt rules and regulations in order to
14 implement the provisions of this Subsection.
15 (2) Within ninety days of the promulgation and adoption of any regulation
16 necessary to implement the fees herein, the Department of Environmental Quality
17 shall submit a written report to the Joint Legislative Committee on the Budget for its
18 approval which details the proposed use of the fee increase, efforts to decrease the
19 processing time for permits, efforts to increase the number of inspections conducted
20 at regulated facilities, enforcement activities, and efforts to increase the collection
21 of fines imposed by the Department of Environmental Quality.
22 * * *
23 §2195. Motor Fuels Underground Storage Tank Trust Fund
24 * * *
25 B. There is hereby established a special custodial trust fund in the state
26 treasury to be known as the Motor Fuel Underground Storage Tank Trust Fund,
27 hereafter referred to as the "Tank Trust Fund", into which the state treasurer shall,
28 each fiscal year, deposit the revenues received from the collection of the fees as
29 established in R.S. 30:2195.3(A)(1)(a) and (B). The secretary is authorized pursuant
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1 to Article VII, Section 9(A) of the Constitution of Louisiana and R.S. 30:2031 to
2 enter into an agreement with a private legal entity to receive and administer the Tank
3 Trust Fund for the purpose of providing financial responsibility for underground
4 motor fuel storage tanks. On an annual basis, all owners of registered tanks shall
5 remit to the department a tank registration fee of fifty-four sixty dollars for each
6 tank. The revenue from the tank registration fees shall be deposited directly into the
7 Environmental Trust Fund as provided by R.S. 30:2015 and utilized for underground
8 storage tank activities only, and any deviation from the aforesaid shall be
9 documented and reported to the House Committee on Natural Resources and
10 Environment and the Senate Committee on Environmental Quality. Revenues
11 received from annual maintenance and monitoring fees, other than those established
12 in R.S. 30:2195.3(B), shall be deposited into the Environmental Trust Fund. The
13 department shall promulgate rules and regulations for the implementation of this
14 Section in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
15 * * *
16 §2351.59. Fees
17 * * *
18 C.(1) License and certification fees shall be paid as follows:
19 (a) License evaluation fee of five hundred fifty dollars shall be paid by lead
20 contractors.
21 (b) Certification fees shall be paid for the following disciplines:
22 (i) Lead project supervisor$ 250.00 275.00
23 (ii) Lead project designer$ 500.00 550.00
24 (iii) Risk assessor$ 250.00 275.00
25 (iv) Lead inspector$ 150.00 165.00
26 (v) Lead worker$ 50.00 55.00
27 * * *
28 (2) Accreditation fees for training organizations shall be paid as follows:
29 (a) In-state training organizations (Louisiana domiciliaries):
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1 (i) Application processing fee $ 500.00 550.00
2 (ii) Processing fee per instructor$ 50.00 55.00
3 (iii) Emergency processing1.5 times the regular fees
4 (b) Out-of-state training organizations (non-Louisiana domiciliaries):
5 (i) Application processing fee $ 750.00 825.00
6 (ii) Processing fee per instructor$ 100.00 110.00
7 (iii) Emergency processing1.5 times the regular fees
8 (3) Notification fees will be due upon application as follows:
9 (a) For the lead abatement of a building or other structure, the fee shall be
10 based upon the projected lead-based painted areas to be abated in the abatement
11 project. Areas of lead-contaminated soil associated with the abatement process will
12 be included in the projected square footage for the building or structure as follows:
13 (i) 2000 square feet and under$ 200.00 220.00
14 (ii)Each additional increment of 2000
15 square feet or portion thereof$ 100.00 110.00
16 (iii) Revisions to notification fees$ 50.00 55.00
17 (b) For the lead abatement of soil only, the fee shall be based upon the
18 projected acreage of the abatement project as follows:
19 (i) Half acre or less$ 200.00 220.00
20 (ii) Each additional half acre or
21 portion thereof $ 100.00 110.00
22 (iii)Revisions to notification fees$ 50.00 55.00
23 (c)Emergency notification processing fees will be one and one- half
24 times the regular fees.
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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)]
HB 900 Original 2016 Regular Session Leopold
Abstract: Increases fees collected by the Dept. of Environmental Quality.
Proposed law increases the following maximums on fees for any application for
accreditation by a commercial laboratory as follows and are effective as indicated:
PresentProposed
Accreditation application fee $ 660 $ 726
Per major test category $ 330 $ 363
Minor conventional category $ 264 $ 290
Annual surveillance and evaluation
of minor conventional facilities/one
category $ 330 $ 363
Present law authorizes the secretary of the Dept. of Environmental Quality (DEQ) to
promulgate rules and regulations to conduct requested reviews of environmental conditions
of a specified tract of immovable property, such as no further action letters.
Present law further provides that such rules may provide for a fee for each such request made
not to exceed the maximum per hour overtime salary of a civil service employee of the
department for each hour required to conduct the review plus indirect costs. Such indirect
costs shall be calculated based on a percentage of the hourly fee, and the percentage shall
be determined annually by an agreement between DEQ and the U.S. Environmental
Protection Agency (EPA). The requestor shall pay a minimum advance fee not to exceed
$1,500.
Proposed law increases the minimum advance fee from not to exceed $1,500 to not to exceed
$1,650.
Present law provides for an initial fee and an annual monitoring and maintenance fee for all
permits, licenses, registrations, or variances. The fees are derived from a formula, developed
by department rules, to equal the cost of annual maintenance, permitting, monitoring,
investigation, administration, and other activities associated with the permits, licenses,
registration, and variances. The formula cannot exceed the maximum amounts specified by
present law.
Proposed law authorizes DEQ to increase the following fees from the amounts in effect in
the Louisiana Administrative Code (LAC) on March 14, 2015, by the following percentages,
rounded up to the nearest dollar, and authorizes the establishment of fees as indicated:
Ground Water Fees
LAC ground water fees 10% increase
Air Fees
LAC air fees 10% increase
Air application fee $500 min.
Air annual maintenance fee$250 min.
Air natural gas compressor$41,612 max.
Acid rain permit $500 max.
Air renewal no modificationMin. of minor modification fee
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HB NO. 900
Air Title V fee 20% of maintenance fee max.
Hazardous Waste Fees
LAC hazardous waste fees25% increase
Post-closure hazardous waste
Annual maintenance fee $4,125 max.
Hazardous waste transfer
facility $1,900 max.
Hazardous waste generator
time accumulation extension$500 max.
Solid Waste Fees
LAC solid waste fees 25% increase
Non-industrial waste
tonnage fees Charged on amounts exceeding 25,000 tons
Water Fees
LAC water fees 10% increase
General permit of oil & gas
wells in coastal and territorial
seas $1,750 per application
General permit sewage sludge$600
Annual sewage sludge permit$2,000
Underground Storage Tank Fees
LAC underground storage
tank fees 10% increase
Registration amendment fee$60 max.
Radiation Fees
LAC radiation protection fees10% increase
License renewal applicationMax. of new application fee
Proposed law requires DEQ to submit a report, within 90 days of adoption of rules
implementing the fee increases, to the Joint Legislative Committee on the Budget for
approval. The report shall detail the uses of the fees and efforts to increase efficiency in
permitting, inspections, enforcement, and collection of fines.
Present law authorizes DEQ to collect 20¢ per ton of solid waste deposited in a construction
and demolition landfill. The fee only applies to waste that are subject to a fee by the facility.
Proposed law increases the fee from 20¢ per ton to 25¢ per ton.
Proposed law authorizes a fee to process a request for a declaratory ruling not to exceed the
maximum per hour overtime salary, including associated-related benefits, of a civil service
employee of the department per hour or portion thereof required to conduct the review plus
reasonable indirect costs calculated as a percentage of the hourly fee. The percentage shall
be determined annually by agreement between the department and the EPA for use on grants
and contracts. Proposed law further authorizes a minimum fee paid by a requestor of not less
than $1,500.
Proposed law authorizes the department, in even numbered years, to adjust fees that are
assessed, charged, and collected by the Department of Environmental Quality after June 1,
2018, by an amount not to exceed the annual percentage change in the Consumer Price Index
for All Urban Consumers (CPI-U) (All Items - U.S. City Average) maintained by the U.S.
Department of Labor, Bureau of Labor Statistics, rounded downward to the nearest dime.
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Proposed law provides CPI-U adjustment determinations may be based on the percentage
change from the latest fee adjustment and promulgated in accordance with the
Administrative Procedure Act.
Proposed law requires DEQ to submit a report, within 90 days of adoption of rules
implementing the fee increases based on CPI-U adjustment, to the Joint Legislative
Committee on the Budget for approval. The report shall detail the uses of the fees and efforts
to increase efficiency in permitting, inspections, enforcement, and collection of fines.
Present law provides that all owners of registered motor fuel underground storage tanks
shall pay a registration fee of $54 for each tank, which money is used for storage tank
activities. Proposed law increases the fee from $54 to $60.
Proposed law increases fees paid into the Lead Hazard Reduction Fund as indicated:
Present Proposed
Lead contractors license evaluation fee $ 500 $ 550
Lead project supervisor $ 250 $ 275
Lead project designer $ 500 $ 550
Risk assessor $ 250 $ 275
Lead inspector $ 150 $ 165
Lead worker $ 50 $ 55
Present law provides that a person applying for licensure under more than one category will
pay only the fee for the highest category and exempts public entities and employees of
public entities from certification fees.
Proposed law increases the following accreditation fees for training organizations:
Present Proposed
In-state training organizations:
Application processing fee $ 500 $ 550
Processing fee per instructor $ 50 $ 55
Out-of-state training organizations:
Application processing fee $ 750 $ 825
Processing fee per instructor $ 100 $ 110
Proposed law provides for the following notification fees for contaminated buildings and soil
as indicated:
Buildings 2,000 sq. ft. and under $ 200 $ 220
For each additional 2000 sq. ft. $ 100 $ 110
Revisions to notifications $ 50 $ 55
One-half acre or less of soil $ 200 $ 220
Each additional half acre of soil $ 100 $ 110
Revisions $ 50 $ 55
Present law provides that emergency notifications for lead are 1.5 times the regular fee.
(Amends R.S. 30:2011(D)(22)(b) and (c) and (25), 2014(D)(4) and (5), 2195(B),
2351.59(C)(1)(a) and (b), (2), and (3), Adds R.S. 30:2014(D)(6) and (E))
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