Louisiana House Bill HB290

Louisiana 2019 Regular Session

• Introduced: 3/28/19
• Refer: 3/28/19
• Refer: 4/8/19
• Report Pass: 5/6/19
• Engrossed: 5/20/19
• Refer: 5/21/19
• Report Pass: 5/27/19

Caption

Provides relative to shippers of hazardous material

Impact

The proposed legislation modifies existing state laws to include shippers under the same legal obligations as transporters in terms of environmental cleanup responsibilities. This change could significantly strengthen pollution control measures and reduce the instances of environmental damage caused by hazardous material spills. By ensuring both transporters and shippers are liable, the bill aims to alleviate the financial burden on state resources when addressing hazardous material incidents and promote proactive measures to prevent such occurrences.

Summary

House Bill 290 aims to clarify and extend the liability of shippers of hazardous materials in the case of environmental contamination. Previously, only transporters of hazardous materials were automatically held accountable for the costs associated with the cleanup of any hazardous discharge. This bill now explicitly includes shippers as liable parties, thereby imposing an obligation on them to cover remedial actions if they cause or contribute to any discharge of hazardous substances. The intent is to enhance accountability within the supply chain of hazardous materials to better protect the environment and public health.

Sentiment

Sentiment around HB 290 appears to be largely supportive, particularly among environmental advocacy groups who argue that adding shipper accountability is a crucial step toward better environmental protection. However, some industry stakeholders may express concerns regarding the increased financial burden this law may impose on shippers, particularly if they are held liable for incidents beyond their control. Overall, the bill reflects a growing recognition of the need for stricter oversight and accountability in the handling of hazardous materials.

Contention

While the bill seems straightforward in its intention to hold shippers accountable, debates may arise regarding the extent of liability and the definitions included in the legislation, particularly regarding the term 'shipper' and the conditions under which shippers can be exempt from liability. The legislation stipulates that shippers will not be held responsible if the hazardous discharge occurred due to circumstances beyond their control, which may lead to legal challenges regarding the interpretation of these circumstances and the applications of liability.