HLS 23RS-2355 ORIGINAL
2023 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 97
BY REPRESENTATIVE AMEDEE
AGRICULTURE: Creates the Louisiana Agricultural Field Burning Task Force to study
alternatives to field burning and the adequacy of existing regulations
1 A CONCURRENT RESOL UTION
2To create the Louisiana Agricultural Field Burning Task Force to study alternatives to field
3 burning, including a review of current research being conducted related to such
4 alternatives, emerging technologies, the adequacy of existing regulations, and to
5 recommend any action or legislation that the task force deems necessary to enhance
6 public safety.
7 WHEREAS, it is of the highest priority for the state to ensure the safety of its
8citizens; and
9 WHEREAS, prescribed burning is a common practice in Louisiana and used as a tool
10for harvest management, ecosystem restoration, and vegetation enhancement; and
11 WHEREAS, agricultural producers may burn crop residues to aid in timely crop
12planting and growing and to manage pests, including insects, as well as soil moisture,
13diseases, and weeds; and
14 WHEREAS, in the sugarcane sector, growers utilize controlled burning to reduce the
15amount of extraneous leafy material delivered with the cane to the mills for processing, thus
16improving overall efficiency and sugar recovery; and
17 WHEREAS, according to LSU AgCenter Research and Extension, the removal of
18such leafy material also reduces yield losses in subsequent sugarcane crops; and
19 WHEREAS, agricultural producers strive to be good neighbors and recognize that
20there are environmental and public concerns associated with this practice; and
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HCR NO. 97
1 WHEREAS, agricultural producers rely on the latest science and technology to
2improve their production methods to ultimately produce higher yields while ensuring cost-
3efficiency; and
4 WHEREAS, ensuring cost-efficient agricultural production is critical to producers
5staying in business, especially in current economic conditions with high inflationary
6pressures; and
7 WHEREAS, according to two research articles by Paul M. Lemieux et al,. and
8Bamidele Sunday Fakinle et al., agricultural field burning generates harmful air pollutants
9including fine particulate matter (PM2.5) and other air toxins including carbon monoxide,
10methane, and polycyclic aromatic hydrocarbons (PAHs); and
11 WHEREAS, the United States Environmental Protection Agency (EPA) has
12determined exposure to PM2.5 causes premature mortality, cardiovascular and respiratory
13deaths, and onset and exacerbations of asthma, heart disease, stroke, lung cancer, and
14respiratory infections; and
15 WHEREAS, the EPA National Emissions Inventory from 1990 to 2022 indicates that
16agricultural and prescribed burns are the largest source category of PM2.5 emissions in
17Louisiana; and
18 WHEREAS, according to a Tulane Law peer-reviewed study in Environmental
19Research Letters, exposure to air toxins is responsible for approximately eighty-five new
20cancer cases per year in Louisiana; and
21 WHEREAS, sugar cane burning in southeast Louisiana has been associated with an
22increase in asthma attacks and a fifty percent increase in respiratory hospitalizations; and
23 WHEREAS, in November 2008, impaired visibility due to heavy smoke from an
24agricultural burn caused a seven-car crash in Napoleonville, Louisiana that claimed the life
25of John "Johnny" Achee, Sr. and hospitalized the other drivers involved; and
26 WHEREAS, in October 2022, impaired visibility due to heavy smoke from a single
27agricultural burn reportedly caused three separate motor vehicle crashes outside of Kaplan,
28Louisiana, including one that took the life of an off-duty Abbeville police officer Matthew
29LaPoint; and
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HCR NO. 97
1 WHEREAS, a December 2022 staff editorial from the Times-Picayune concluded
2that lawmakers should review health and safety impacts of agricultural burns and consider
3more effective government burn policies; and
4 WHEREAS, there are less harmful, cost-saving alternatives to traditional sugarcane
5burning, such as green harvest used in Brazil, which has significantly reduced burn-related
6respiratory hospitalization and prevented 8.5 million tons of CO2 greenhouse gas emissions;
7and
8 WHEREAS, there is a need for assessments of the adequacy of existing regulations
9and recommendations for action to improve the health and safety of Louisiana citizens; and
10 WHEREAS, according to an article by Kaitlyn Bourg in the Louisiana State
11University Journal of Energy Law and Resources, the dangers of burns are highlighted and
12legislative reforms are proposed to protect public health, such as making the current
13voluntary Smoke Management Guidelines mandatory or holding farmers liable for damages.
14 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
15create the Louisiana Agricultural Field Burning Task Force to study alternatives to field
16burning, including a review of current research being conducted related to such alternatives,
17emerging technologies, the adequacy of existing regulations, and recommend any action or
18legislation that the task force deems necessary to enhance public safety.
19 BE IT FURTHER RESOLVED that the Legislature of Louisiana finds that reform
20of agricultural field burning policies may be needed to ensure that health and safety of all
21Louisiana citizens are preserved.
22 BE IT FURTHER RESOLVED that the composition of the task force shall be as
23follows:
24 (1) The Louisiana State Fire Marshal, or his designee.
25 (2) The director of the Governor's Office of Homeland Security and Emergency
26Preparedness, or his designee.
27 (3) The director of Tulane Center for Environmental Law, or his designee.
28 (4) A nongovernmental public interest advocate, appointed by Citizens Against
29Agricultural Field Burning.
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1 (5) The commissioner of the Department of Agriculture and Forestry, or his
2designee.
3 (6) The president of the Louisiana Farm Bureau Federation, or his designee.
4 (7) The general manager of the American Sugar Cane League, or his designee.
5 (8) The Louisiana State University vice president for Agriculture and dean of the
6College of Agriculture.
7 (9) The chancellor of the Southern University Agricultural Research and Extension
8Center and dean of the College of Agricultural, Family and Consumer Sciences.
9 (10) A representative of a renewable fuels industry or other possible alternative end-
10use industry, appointed by the secretary of the Louisiana Department of Natural Resources.
11 (11) One medical specialist in the field of pulmonology appointed by the Louisiana
12State Medical Society.
13 (l2) The president of the Louisiana Rice Growers Association, or his designee.
14 (13) The chairman of the House Committee on Agriculture, Forestry, Aquaculture
15and Rural Development.
16 (14) The chairman of the Senate Committee on Agriculture, Forestry, Aquaculture,
17and Rural Development.
18 (15) One member from the public at large appointed by the state representative for
19District 51.
20 (16) The secretary of the Department of Environmental Quality, or his designee.
21 BE IT FURTHER RESOLVED that the Louisiana Agricultural Field Burning Task
22Force is charged with the following duties:
23 (1) To convene a task force of citizens, stakeholders, and experts to identify public
24health and safety problems associated with agricultural burning.
25 (2) To investigate agricultural burning and issue legislative, regulatory, and policy
26reform recommendations.
27 (3) To take testimony and submissions from citizens, stakeholders, and experts on
28the subject.
29 (4) To issue a report with findings and legislative, regulatory, and policy
30recommendations.
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HCR NO. 97
1 (5) To make the report public with full transparency.
2 BE IT FURTHER RESOLVED that the task force shall review current profitable
3uses of cellulosic materials for renewable fuels and other end-uses.
4 BE IT FURTHER RESOLVED that the task force may conduct meetings as it may
5deem necessary or convenient to enable it to exercise fully and effectively its powers,
6perform its duties, and accomplish the objectives and purposes of this Resolution.
7 BE IT FURTHER RESOLVED that the task force shall convene no later than
8November 1, 2023, and shall elect a chairperson from among its members at its first meeting.
9 BE IT FURTHER RESOLVED that a simple majority of members of the task force
10shall constitute a quorum sufficient to conduct meetings and business of the task force and
11its members shall serve without compensation, except for per diem or expense
12reimbursement to which they may be individually entitled as members of their constituent
13organizations.
14 BE IT FURTHER RESOLVED that the task force shall report its initial findings and
15recommendations, with suggestions for proposed legislation, regulation, and policy, if any,
16to the legislature no later than sixty days prior to the convening of the 2024 Regular Session
17of the Legislature.
18 BE IT FURTHER RESOLVED that legislative authority for the task force shall
19terminate on July 1, 2024.
20 BE IT FURTHER RESOLVED that the Department of Agriculture and Forestry shall
21provide staffing support for the task force.
22 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
23following persons or entities: the Louisiana State Fire Marshal; the director of the
24Governor’s Office of Homeland Security and Emergency Preparedness; the director of
25Tulane Center for Environmental Law; the nongovernmental public interest advocate
26appointed by Citizens Against Agricultural Field Burning; the commissioner of the
27Department of Agriculture and Forestry; the president of the Louisiana Farm Bureau
28Federation; the general manager of the American Sugar Cane League; the Louisiana State
29University vice president for Agriculture and dean of the College of Agriculture; the
30chancellor of the Southern University Agricultural Research and Extension Center and dean
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HCR NO. 97
1of the College of Agricultural, Family and Consumer Sciences; the representative of a
2renewable fuels industry or other alternative end-use industry appointed by the secretary of
3the Louisiana Department of Natural Resources; the medical specialist in the field of
4pulmonology appointed by the Louisiana State Medical Society; the president of the
5Louisiana Rice Growers Association, and the secretary of the Department of Environmental
6Quality.
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)]
HCR 97 Original 2023 Regular Session Amedee
Creates the La. Agricultural Burning Task Force to study alternative to field burning and the
adequacy of existing regulations and recommend any action or legislation deemed
appropriate to enhance public safety. Provides for the membership of the task force.
Requires a report of initial finding with recommendations and suggestions to be submitted
to the legislature no later than 60 days prior to the convening of the 2024 R.S. Specifies that
legislative authority for the task force shall terminate on July 1, 2024.
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