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 72 Re-Reengrossed 2021 Regular Session Coussan
Abstract: Requires the Dept. of Environmental Quality to promulgate regulations for a voluntary
environmental self-audit program administered by the department.
Proposed law requires the secretary of the Dept. of Environmental Quality to establish a program for
voluntary environmental self-audits. Requires that the regulations provide for the conduct of the
self-audit, submission of the results to the department, the period of time that information contained
in the self-audit may be held confidential which shall not exceed two years, incentives to encourage
the use of self-audits, corrective actions for violations discovered by the self-audit, submission of
a corrective plan, and fees for reviewing the audit and corrective plan.
Present law provides that department records and information obtained from rules, regulations,
orders, licenses, or permits are available to the public unless the secretary determines that release of
the information may impair an investigation or the protection of trade secrets and proprietary
information.
Proposed law requires information obtained through a voluntary environmental self-audit be held
confidential for a limited time, not to exceed two years, as specified in the rules applicable to
voluntary environmental self-audits. Specifies that information disclosed to the department under
a self-audit that is required to be reported to a state or federal agency by statute, regulation, or permit
will not be held confidential. Further specifies that proposed law does not prohibit a request for
confidentiality pursuant to present law concerning trade secrets, proprietary secrets, and commercial
and financial information.
Present law requires the department to conduct a public hearing on all environmental assessment
statements.
Proposed law changes this requirement by giving the department discretion on conducting such a
hearing and allows members of the public to request the hearing.
Proposed law requires the secretary to promulgate rules and regulations identifying violations that
are not eligible for relief under the voluntary self-audit program and list the types of violations as
follows:
(1)Violations that result in serious actual harm to the environment.
(2)Violations that may present an imminent or substantial endangerment to public health or the
environment. (3)Violations discovered by the department prior to the written disclosure of the violation to the
department.
(4)Violations detected through monitoring, sampling, or auditing procedures that are required
by statute, regulation, permit, judicial or administrative order, or consent agreement.
(Amends R.S. 30:2018(C) and 2030(A)(2); Adds R.S. 30:2030(A)(3) and 2044)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Provide the Department of Environmental Quality discretionary authority to conduct
public hearings on environmental assessments. Also, allows the public to request such
hearings.
2. Make technical changes.
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill:
1. Limit the time period that information contained in self-audit may be held confidential
to no more two years.
2. Make technical changes.
The House Floor Amendments to the reengrossed bill:
1. Require the secretary to promulgate rules and regulations identifying violations that are
not eligible for relief under the voluntary self-audit program and list the violations.
2. Clarify that proposed law cannot restrict a request for confidentiality pursuant to present
law concerning trade secrets, proprietary secrets, and commercial or financial
information.
3. Specify that information that is required to be reported to a state or federal agency by
present law, regulation, or permit cannot be held confidential.
4. Make technical changes.