SSHB72 3941 3943
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 72 2021 Regular Session Coussan
BUDGETARY CONTROL S: Requires the secretary of the Department of Environmental
Quality to establish a voluntary environmental self-audit program
Synopsis of Senate Amendments
1.Adds reviewing corrective actions in limitation of fees collected.
2.Requires final decisions be made public and published on the department's
website.
3.Suspends prescription for claims for violations upon participation in the
voluntary self-audit program until a final decision or two years, whichever
occurs first.
4.Deletes a duplicative provision relative to confidentiality.
5.Makes technical changes.
Digest of Bill as Finally Passed by Senate
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
cannot 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 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.
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(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.
Proposed law provides that the fee for reviewing environmental self-audits and corrective
actions cannot exceed the maximum per-hour salary, including associated benefits, to
conduct the review, plus reasonable indirect costs calculated as a percentage of the hourly
fee. Specifies that percentage is determined annually by the department and the U.S.
Environmental Protection Agency for use on grants and contracts. Authorizes the
department to assess a minimum fee of $1,500.
(Amends R.S. 30:2018(C) and 2030(A)(2); Adds R.S. 30:2030(A)(3) and 2044)
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