The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 44 Engrossed 2021 Regular Session Peterson
Present law provides for the "Hazardous Materials Information Development, Preparedness, and
Response Act" also known as the "Right-to-Know" law that creates a comprehensive information
system containing specific data regarding the presence and location of hazardous materials in the
state to be shared with the public and among state agencies and local governing authorities.
Proposed law defines an "emergency condition" as any condition that could reasonably expect to
endanger the health and safety of the public, cause significant adverse impact to the land, water, or
air environment, or cause severe damage to property. Proposed law presumes the existence of an
emergency condition whenever a reportable hazardous material release has occurred or one which
results in a fire or explosion which could reasonably expect to affect the public safety beyond the
boundaries of the facility.
Present law defines "immediately" as a reasonable period of time after identifying the nature,
quantity, and potential off-site impact of a release, considering the exigency of the circumstances.
Proposed law retains present law and adds that in cases of an emergency condition, "immediately"
means as soon as possible not to exceed 30 minutes from the discovery of the condition.
Proposed law requires the deputy secretary of the Dept. of Public Safety and Corrections to develop
or utilize an electronic or telephonic public notification system that, in addition to any other
appropriate technology, includes cell tower or cellular base station location to aid in the
dissemination of information to the public.
Proposed law requires owners or operators to immediately report to the department any reportable
release of any hazardous material regulated by present law which causes an emergency condition.
Proposed law requires the department to utilize the public notification system upon receipt of such
notification.
Proposed law provides that any additional information required by rules and regulations promulgated
pursuant to present law shall be reported to the department after a reasonable amount of time to take
prompt measures to determine the nature, quantity, and potential off-site impact of a release,
considering the exigency of the circumstances.
Effective August 1, 2021.
(Amends R.S. 30:2363(10) and 2373(B)(2); adds R.S. 30:2363(21) and 2365(A)(8))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Environmental Quality to the
original bill
1. Changes the time in meaning of "immediately" from not to exceed 15 minutes to not
to exceed 30 minutes.
2. Removes the conditions of an injury requiring hospitalization or a fatality from the
presumption of an emergency condition.


Statutes affected:
SB44 Original: 30:2363(10), 30:2373(B)(2)
SB44 Engrossed: 30:2363(10), 30:2373(B)(2)