HLS 19RS-3251 ENGROSSED
2019 Regular Session
HOUSE RESOLUTION NO. 231
BY REPRESENTATIVE BISHOP
ENVIRONMENT/ENFORCEMENT: Urges and requests the secretary of the Department
of Environmental Quality to study the establishment of a voluntary compliance audit
program for industries regulated by the department
1 A RESOLUTION
2To urge and request the secretary of the Department of Environmental Quality to study the
3 establishment of a voluntary compliance audit program for industries regulated by
4 the department and, no later than February 1, 2020, to submit to the House
5 Committee on Natural Resources and Environment a written report containing a
6 description of the elements of a proposed program, recommendations for legislation
7 necessary for implementation of the program, whether or not a program is needed,
8 and other information and concerns developed through the study process that would
9 provide more insight into the program.
10 WHEREAS, effective regulation is essential for the efficient operation of Louisiana's
11facilities regulated by the Department of Environmental Quality (DEQ) and open and
12frequent communication between the department and the facilities regulated by the
13department is an essential element of effective regulation; and
14 WHEREAS, the citizens and environment of the state of Louisiana may benefit from
15the development and implementation of a voluntary compliance audit program whereby a
16regulated facility, in cooperation with the DEQ, conducts a self-audit of its compliance with
17laws and regulations and subsequently remediates any violation discovered by such audit;
18and
19 WHEREAS, a voluntary compliance audit program should be developed in a manner
20that protects citizens of Louisiana and incentivizes regulated facilities to engage in
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HR NO. 231
1systematic voluntary self-investigations, including monitoring, evaluation, review, and
2assessment of a facility's compliance and conditions of permits; and
3 WHEREAS, a voluntary compliance audit program should encourage a regulated
4facility to increase transparency and improve communications and compliance with the laws
5and regulations enforced by the DEQ; and
6 WHEREAS, a voluntary compliance audit program should encourage regulated
7facilities to provide more compliance information to the DEQ thereby enabling improved
8enforcement capabilities by the department; and
9 WHEREAS, a voluntary compliance audit program should provide for limited
10privilege from disclosure of certain information contained in the voluntary audit and create
11immunity from civil penalties for disclosing and promptly remediating violations discovered
12through a voluntary audit; and
13 WHEREAS, in 1995, the United States Environmental Protection Agency placed an
14emphasis on encouraging regulated entities to voluntarily discover, disclose, and correct
15environmental violations and offered penalty mitigation and incentives to companies for
16prompt voluntary disclosure; and
17 WHEREAS, in 2007, the United States Environmental Protection Agency announced
18that over four thousand entities discovered and promptly disclosed violations at more than
19eleven thousand three hundred facilities; and
20 WHEREAS, in May 2018, the United States Environmental Protection Agency
21renewed its commitment to working with entities interested in proactively managing their
22facilities to correct violations with minimized costs and reduced risks; and
23 WHEREAS, a voluntary compliance audit program will not shield any criminal
24activity by a facility nor will it protect a facility with violations that present a major degree
25of risk or impact to either human health or the environment from statutory and regulatory
26penalties; and
27 WHEREAS, a voluntary audit program is not intended to shield against any
28intentional violations nor will it excuse any violations that are not promptly remediated; and
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HR NO. 231
1 WHEREAS, a voluntary compliance audit program should not be designed to in any
2way affect compliance with the Public Records Law, R.S. 44:1 et seq., or access to public
3records; and
4 WHEREAS, setting forth a proposal for such a voluntary audit program is an
5important step toward reducing risk to human health and the environment and encouraging
6open communication and cooperation between the DEQ and the facilities it regulates.
7 THEREFORE BE IT RESOLVED that the House of Representatives of the
8Legislature of Louisiana does hereby urge and request the Department of Environmental
9Quality to study the establishment of a voluntary compliance audit program for industries
10regulated by the department and, no later than February 1, 2020, to submit to the House
11Committee on Natural Resources and Environment a written report containing the elements
12of a proposed program, recommendations for necessary legislation, whether or not a program
13is needed, and other information developed through the study process that would provide
14more insight into the program.
15 BE IT FURTHER RESOLVED that the secretary of the Department of
16Environmental Quality shall consult and engage with members of the industries regulated
17by the department and their associations, and shall include other stakeholders in the
18discussions and development of the voluntary compliance audit program, and provide
19opportunities for public comment.
20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
21secretary of the Department of Environmental Quality.
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)]
HR 231 Engrossed 2019 Regular Session Bishop
Urges and requests the secretary of the Dept. of Environmental Quality to study the
establishment of a voluntary compliance audit program for industries regulated by the
department.
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