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