RÉSUMÉ DIGEST
ACT 167 (SB 247) 2024 Regular Session Cathey
Existing law provides for the Motor Fuels Underground Storage Tank Trust Dedicated Fund
Account and for definitions of "eligible participant" and "specialized services".
New law retains existing 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. New law provides that specialized services includes site assessment and
characterization.
Existing law defines "underground storage tank", and provides for registration of such tanks,
and provides for certain exceptions.
New law retains existing law and specifies that tanks used to store heating oil blended with
hazardous waste are excluded from registration. New law also 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.
Existing law prohibits placing of a regulated substance into a tank that has not been
registered with the department and which has no current certificate.
New law removes the requirement that the tank not have a current registration certificate
from prohibitions on placing regulated substances into tanks.
Existing law provides for uses of account funds for closure of abandoned tanks and provides
for prohibitions.
New law retains present law and adds that account funds shall be used to defray investment
fees. New 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.
New law provides that the secretary may declare a tank abandoned where either 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.
Prior law limited account expenditures of the Tank Trust Account to the greater of an amount
necessary to satisfy federal requirements or $1,500,000, per occurrence.
New 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.
Prior law provided 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.
New 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.
Prior law provided 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.
New law retains prior law but removes the requirement that an initial assessment be made
within two years of request.
Existing 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. New law retains existing 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), 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 R.S.
30:2195.4(A)(3)(d))