GREEN SHEET REDIGEST
HB 72 2021 Regular Session Coussan
BUDGETARY CONTROLS: Requires the secretary of the Department of
Environmental Quality to establish a voluntary environmental self-audit program.
DIGEST
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 procedures for conducting 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.
Proposed law requires the department's final decisions be public and published on the
department's website.
Present law requires the department to conduct a public hearing on all environmental
assessment statements.
Proposed law changes this requirement by requiring the department to conduct a hearing if
requested.
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.
Proposed law suspends prescriptions for claims for violations upon participation in the
voluntary self-audit program until the department makes a final decision or two years,
whichever occurs first.
(Amends R.S. 30:2018(C) and 2030(A)(2); adds R.S. 30:2030(A)(3) and 2044)
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Prepared by Tyler McCloud. 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 than 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Environmental Quality to
the re-reengrossed bill
1. Adds reviewing corrective actions in limitation of fees collected.
2. Requires final decisions be public and published.
3. Suspends prescription for claims for violations upon participation in the
voluntary self-audit program until a final decision or 2 years, whichever occurs
first.
4. Deletes duplicative provision relative to confidentiality.
5. Makes technical changes.
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Prepared by Tyler McCloud.