The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jacob K. Wilson.
DIGEST
SB 247 Engrossed 2024 Regular Session Cathey
Present law provides for the Motor Fuels Underground Storage Tank Trust Dedicated Fund Account
and for definitions of "eligible participant" and "specialized services".
Proposed law retains present law and adds that eligible participants include an owner who has
registered a temporarily closed tank and has not been excluded from coverage for noncompliance.
Proposed law provides that specialized services includes site assessment and characterization.
Present law defines "underground storage tank", provides for registration of such tanks, and provides
for certain exceptions.
Proposed law retains present law and specifies that tanks used to store heating oil blended with
hazardous waste are not excluded from registration. Proposed law excludes pipeline facilities
regulated under federal law and intrastate pipeline facilities determined by the secretary of U.S. Dept.
of Transportation to be connected, operated, or intended to be capable of operating as an integral part
of a pipeline, from registration.
Present law prohibits placing of a regulated substance into a tank that has not been registered with
the department and which has no current certificate.
Proposed law retains present law but removes the requirement of no certificate.
Present law provides for uses of account funds for closure of abandoned tanks and provides for
prohibitions.
Proposed law retains present law and adds that account funds shall be used to defray investment fees.
Proposed law further provides that all unexpended and unencumbered monies in the account at the
end of the fiscal year shall remain in the account and be available for expenditure in future fiscal
years.
Proposed law provides that the secretary may declare a tank abandoned where a release is not eligible
for the account or where action by the department is the most efficient way to address conditions at
the site.
Present law limits account expenditures to the greater of an amount necessary to satisfy federal
requirements or $1,500,000, per occurrence.
Proposed law changes the dollar amount from $1,500,000 to $2,000,000, and adds that expenditures
may exceed federal requirements where the secretary determines necessary. Present law provides for reasonable disbursements from the account to tank owners for
reimbursement of payment to approved response action contractors, only after amounts required by
law have been paid by the owner.
Proposed law provides that for remediation work contracted on or after August 1, 1995, the
department shall pay the response action contractor directly upon presentation of invoices.
Present law provides that no disbursement from the account may be made until an eligibility
verification is made and that initial assessments shall be made within two years of receipt of a
request.
Proposed law retains present law but removes the requirement that an initial assessment be made
within two years of request.
Present law provides for financial responsibility for noncompliance, for annual review of
requirements and recommendation of adjustments thereto, and requires that adjustments be no less
than amounts currently established by law.
Proposed law retains present law but removes the requirement that adjustments be no less than
amounts in current law.
Effective August 1, 2024.
(Amends R.S. 30:2194(B)(4) and (11), (C)(2), and (4)(a) and (b), 2194.1, 2195(D) and (F)(3),
2195.2(A)(1)(c)(ii), 2195.4(A)(1) and (3)(c), and 2195.10(D); repeals 2194(C)(4)(c) and
2195.4(A)(3)(d))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill
1. Provides that all unexpended and unencumbered monies in the account at the end
of the fiscal year shall remain in the account and be available for expenditure in
future fiscal years.
2. Clarifies that the secretary may declare a tank abandoned where a release is not
eligible for the account or where action by the department is the most efficient way
to address conditions at the site.
3. Provides for technical corrections.