HLS 19RS-638 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 290
BY REPRESENTATIVE PUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to shippers of hazardous material
1 AN ACT
2To amend and reenact R.S. 32:1519(A), (B), and (C)(1) and to enact R.S. 32:1519(D) and
3 (E)(6), relative to shippers of hazardous material; to require any person who ships
4 hazardous material be held responsible for remedial action taken as a result of any
5 discharge or disposal; to provide for exceptions; to provide for a definition; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:1519(A), (B), and (C)(1) are hereby amended and reenacted and
9R.S. 32:1519(D) and (E)(6) are hereby enacted to read as follows:
10 ยง1519. Reimbursement of remedial costs
11 A. Any person who has transported or shipped a hazardous material as
12 defined in this Chapter, a hazardous substance as defined in R.S. 30:2272(4), or a
13 hazardous waste as defined in R.S. 30:2173 shall be liable to the state for
14 undertaking remedial action or for all costs of remedial actions taken in cleaning up
15 any discharge or disposal at a pollution source or facility if it can be shown that the
16 hazardous material, hazardous substance, or hazardous waste was discharged or
17 disposed of directly by the transporter or shipper and either the transporter or shipper
18 directly caused the discharge or disposal for which remedial action must be
19 undertaken.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-638 REENGROSSED
HB NO. 290
1 B.(1) The secretary may order any transporter or shipper causing a discharge
2 or disposal of a hazardous material, hazardous substance, or hazardous waste at a
3 pollution source or facility to take any remedial actions necessary to contain, abate,
4 cleanup, restore, or remove the discharge or disposal.
5 (2) When the secretary must file suit against a transporter or shipper to
6 recover remedial costs or to obtain remedial action, the court shall also award to the
7 state a penalty of twenty-five percent of the amount determined to be remedial costs.
8 C.(1) When the secretary orders one transporter or shipper to undertake
9 remedial action and other transporters, or persons, or shippers have caused or
10 contributed to the discharge or disposal, the transporter or shipper undertaking
11 remedial action may sue for reimbursement from any other transporter, or person,
12 or shipper for the costs of remedial actions attributable to that transporter or person.
13 * * *
14 D.(1) The shipper of any hazardous material, substance, or waste shall not
15 be considered to have caused or contributed to any discharge or disposal during
16 transport to the extent that the discharge or disposal resulted from circumstances or
17 conditions beyond his control.
18 (2) A shipper's payment of remedial costs or performance of any remedial
19 action pursuant to this Section shall not be determinative of fault or liability in any
20 matter, including any suit for reimbursement pursuant to Subsection C of this
21 Section.
22 D. E. As used in this Section, the following terms shall have the following
23 meanings:
24 * * *
25 (6) "Shipper" means a person, partnership, association, or corporation who
26 tenders hazardous materials, hazardous substances, or hazardous waste to a motor
27 carrier, railway, or driver of a commercial motor vehicle for transportation in
28 interstate or intrastate commerce, or by sea, rail, or air.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-638 REENGROSSED
HB NO. 290
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 290 Reengrossed 2019 Regular Session Pugh
Abstract: Requires a shipper of hazardous materials be held accountable for remedial
actions taken in cleaning up any discharge or disposal of hazardous materials.
Defines the term "shipper".
Present law holds any person who has transported a hazardous material, hazardous
substance, or a hazardous waste liable to the state for costs of remedial action taken in
cleaning up any discharge or disposal at a pollution source or facility if the transporter
directly caused the discharge or disposal.
Proposed law extends present law to apply to shippers if the shipper directly causes the
discharge or disposal.
Present law authorizes the secretary to order any transporter causing a discharge or disposal
of a hazardous material, hazardous substance, or hazardous waste to take any remedial
actions necessary to contain, abate, cleanup, restore, or remove the discharge or disposal.
Proposed law extends present law to apply to shippers.
Present law requires the transporter, by court order, to pay a penalty of 25% of the amount
determined to be remedial costs when the state has to sue the transporter to recover remedial
costs or obtain remedial action.
Proposed law extends present law to apply to shippers.
Present law allows a transporter undertaking remedial action for discharge or disposal caused
by or contributed to by other transporters or persons to bring suit against any other
transporter or person for the costs of remedial actions attributable to that transporter or
person.
Proposed law extends present law to apply to shippers if a shipper is undertaking remedial
action for discharge or disposal caused by or contributed to by a transporter, person, or other
shipper.
Proposed law exempts a shipper of any hazardous material, substance, or waste as a
responsible party to any discharge or disposal during transport to the extent the discharge
or disposal resulted from circumstances or conditions beyond his control.
Proposed law prevents a shipper's payment of remedial costs or performance of any remedial
action pursuant to present law to be determinative of fault or liability in any matter provided
for in present law, including any suit for reimbursement pursuant to present law.
Proposed law defines "shipper" as a person, partnership, association, or corporation who
tenders hazardous materials, hazardous substances, or hazardous waste to a motor carrier,
railway, or driver of a commercial motor vehicle for transportation in interstate or intrastate
commerce, or by sea, railway, or air.
(Amends R.S. 32:1519(A), (B), and (C)(1); Adds R.S. 32:1519(D) and (E)(6))
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HB NO. 290
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Make technical changes.
2. Clarify that a shipper of any hazardous material, substance, or waste is exempt
from being considered to have caused or contributed to any discharge or disposal
during transport if the discharge or disposal resulted from circumstances or
conditions beyond his control.
3. Add railway as an entity that may receive and transport hazardous materials,
substances, or waste, and add rail as a mode of transportation that may be used
to transport hazardous materials, substances, or waste.
The House Floor Amendments to the engrossed bill:
1. Make a technical change.
2. Clarify that a shipper of any hazardous material, substance, or waste is exempt
from being considered to have caused or contributed to any discharge or disposal
during transport to the extent the discharge or disposal resulted from
circumstances or conditions beyond his control.
3. Prevent a shipper's payment of remedial costs or performance of any remedial
action pursuant to present law to be determinative of fault or liability in any
matter provided for in present law, including any suit for reimbursement pursuant
to present law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.