2018
In the 2018 Louisiana Regular Legislative Session, we saw the enactment of:
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6 bills we opposed
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10 bills we supported
We also saw bills that did not get out of committee, including:
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5 bills we opposed
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8 bills we supported
Of the bills that made it out of committee but failed to pass in the full legislature, we saw:
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2 bills we supported
Let’s start with what was successful. We saw the passage of the following bills we supported:
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HB 633 - WATER/DRINKING WATER: Provides relative to testing for lead in drinking water (LA Rep. Marcus Hunter (D-LA-017)
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HB 403 - WATER/RESOURCES: Provides relative to membership on the Capital Area Groundwater Conservation District board of commissioners (LA Rep. Stephen "Steve" Carter (R-LA-068))
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HB 35 - ENVIRONMENT/LITTERING: Amends penalties for gross littering (LA Rep. Phillip DeVillier (R-LA-041))
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HB 49 - COASTAL RES/WETLANDS: Authorizes coastal restoration and protection projects as compensatory wetlands mitigation (LA Rep. Jerry "Truck" Gisclair (D-LA-054))
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HB 374 - TAX APPEALS/BOARD: Requires the Board of Tax Appeals to refund certain filing fees and deposits paid relating to claims for the solar energy systems tax credit (LA Rep. Neil Abramson (D-LA-098))
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HB 104 - ENERGY/PIPELINES: Increases the ceiling on penalties for pipeline safety violations (LA Rep. James "Jim" Morris (R-LA-001))
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HB 130 - WILDLIFE/MGT AREAS: Provides for the establishment of airboat trails on wildlife management areas (LA Rep. Clay Schexnayder (R-LA-081))
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HCR 1 - WATER/SEWER OPERATORS: Creates the Sanitary Sewer Systems Overflows Commission (LA Rep. Paul Hollis (R-LA-104))
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SCR 5 - WATER/WATERWAYS: Expresses opposition to the "One Lake" project proposing to dam the Pearl River and to build a 1,500 acre lake near Jackson, Mississippi and requests the United States Army Corps of Engineers to deny a pending permit for the project. (LA Sen. Beth Mizell (R-LA-012))
And our very own commendation:
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HR 115 - COMMENDATIONS: Commends the town of Abita Springs for joining the Sierra Club Ready for 100 program (LA Rep. Paul Hollis (R-LA-104))
Unfortunately, we also saw the passage of the following bills, for many of which we very vehemently outspoken in our opposition:
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HB 727 - CRIME: Provides relative to unauthorized entry of and criminal damage to a critical infrastructure (LA Rep. Major Thibaut (D-LA-018))
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SB 490 - WATER/WATERWAYS: Exempts the Comite River from certain provisions of the Louisiana Scenic Rivers Act for a set period of time. (LA Sen. Bodi White (R-LA-006))
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HB 411 - WATERWAYS/SCENIC RIVERS: Exempts the Tickfaw River and Blind River from certain restrictions of the Natural and Scenic Rivers Program (LA Rep. Clay Schexnayder (R-LA-081))
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HB 119 - MINERALS: Prohibits the commissioner of conservation from regulating the hours of operation of certain facilities receiving exploration and production waste (LA Rep. Stuart Bishop (R-LA-043))
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SB 168 - PUBLIC RECORDS: Exempts certain Department of Agriculture and Forestry records from the Public Records Law. (LA Sen. Francis Thompson (D-LA-034))
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HB 665 - PUBLIC RECORDS: Provides relative to records of port economic development negotiations (LA Rep. Gregory "Greg" Miller (R-LA-056))
The two bills we supported that did not see final passage in the legislature even after making it out of committee, were:
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HB 391 - WATERWAYS/NAVIGATION: Provides for public access to the running waters of the state (LA Rep. J. Kevin "Kevin" Pearson (R-LA-076))
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HCR 60 - FISHING/RECREATIONAL: Establishes the Public Access to Waterways Task Force (LA Rep. Raymond "Ray" Garofalo (R-LA-103))
Clearly, water was a top priority this legislative session. We saw some success with the passage of Rep. Hunter’s bill increasing testing for lead in certain water systems, even though Rep. Hunter introduced many more bills regarding public environmental safety that were not enacted, as well as Rep. Hollis’s creation of a commission to monitor and study sanitary sewer system overflows, which present a real public health threat. We also saw an increased focus on the important work of the Capital Area Groundwater Commission and the need to reduce saltwater intrusion in that aquifer system. Improved coastal wetland restoration, regulation of the previously unregulated of use of airboats in wildlife management areas, opposition to a damaging development plan for the Pearl River, and increased penalties for gross littering will all improve the way we in Louisiana conserve and live with water.
Unfortunately, we also saw last year’s assault on the Louisiana Wild and Scenic River Program continue with a vengeance with the successful passage by Sen. Bodi White of SB 490, exempting the Comite River from certain provisions of the Louisiana Scenic Rivers Act for a set period of time, and of HB 411 by Rep. Clay Schexnayder, exempting the Tickfaw River and Blind River from certain restrictions of the Natural and Scenic Rivers Program. We recently began working with partner organizations Louisiana Wildlife Federation, Nature Conservancy, and Lake Pontchartrain Basin Foundation to increase public knowledge and awareness of how vital the Scenic Rivers Program is to our state for flood control, resource conservation, and recreational enjoyment. We will also continue to support all efforts to maintain and secure the right of the public to access the running waters of the state, a cause championed by Reps. Kevin Pearson and Ray Garofalo this session.
2017
SB 132 authorizing clearing, snagging and dredging of eight Louisiana Scenic Rivers is signed by the Governor
Update - June 28, 2017 - Stopping or amending SB 132 to dredge scenic rivers was a major legislative priority of Sierra Club and other environmental and conservation groups this session. In the end the bill passed but the sponsor, Sen Bodi White backed off his original language to require that clearing, snagging and dredging be permitted. We fought for amendment of the bill to allow Louisiana Department of Wildlife and Fisheries to conduct its permitting process including public notification, comments and public hearings when requested. This was the best alternative if we could not stop this bad bill entirely. We will have to watch the LDWF website for public notices of applications for permits to conduct such activities on Louisiana Scenic Rivers.
We want to thank all who called or sent messages to their state senators and representatives asking to amend or vote no on this bad bill. Sierra Club Delta Chapter does not stand in opposition to control of flooding of residential areas. We have said in legislative hearing that control of flooding is a comprehensive process of flood plain management including reservation of natural areas and controls on development, not just dredging of rivers which can make downstream flooding much worse.
An interesting outcome of the fight over this bill was the introduction late in the legislative session of Sen White’s Senate Resolution 172 requesting DOTD to study construction impacts on river basins and provide recommendations to establish floodplain management plans for each watershed in Louisiana. Delta Chapter will request to be placed on the task group studying these issues.
Legislative Session Update, June 28, 2017
The regular session of the 2017 Louisiana State Legislature ended on June 8. Here are the outcomes on some bills of environmental and public health interest that we were watching.
HB 394 by Kenny Cox of Natchitoches is a repeat of a bill that received much pushback from industry in last year’s legislative session. The bill required a facility that has been cited for violations of air standards two times in a 24 month period to install and continuously operate a fence-line air monitoring system at the property boundary of the facility closest to the nearest residential community. Although the bill was watered down from last year, and amended to allow three violations the bill was involuntarily deferred in its first hearing in House Natural Resources and Environment Committee. The bill was on the legislative agenda of the Green Army and is supported by Sierra Club Delta Chapter. Though the bill language was very reasonable after attempts in the last three general legislative sessions, industry pressure again kept it from getting out of the HNR&E committee.
HB 423 by Chris Leopold of Belle Chasse authorizes the secretary of the Louisiana Department of Environmental Quality to establish and administer a water quality trading program. That would be a program whereby more pollution is allowed in one location with pollution credits saved from cleaner discharges in another location. Water quality trading is allowed under the federal Clean Water Act but states are required to seek legal authority in order to implement it. Water quality trading is typically used is to balance higher nitrogen and phosphorous from agricultural dischargers with lower nutrient discharges from wastewater treatment facilities. Sierra Club Delta Chapter has two problems with the bill. 1) No language in the bill restricts water quality trading to nitrogen and phosphorous, leaving an open question as to what other pollutants could be included in a future trade. 2) the provision that was in current law restricting trading to be within a watershed is removed in the new law, meaning that water quality trading could result in higher pollution in one watershed supposedly to be balanced by lower pollution in another. Sierra Club Delta Chapter opposed the bill as written in legislative hearing but the bill passed and is signed by the Governor.
HB 483 by Katrina Jackson improves access to, and usefulness of, information developed by the Louisiana Tumor Registry. The bill specifies terms and conditions of release of data stored by the tumor registry. The bill specifies that the tumor registry may release data at census tract level. The bill requires the tumor registry to prepare an annual statistical report concerning cancer rates and counts which includes data at the census tract level. The specification for release of data at census tract level is a major improvement in usefulness of data for identifying potential causes for occurrences of cancers. The bill has passed and is signed by the Governor. The bill was on the legislative agenda of the Green Army and is supported by Sierra Club Delta Chapter.
Rep Jackson proposed a related House Concurrent Resolution 103 that Requests state-level collaboration on cancer investigation and local public health notifications regarding cancer incidence. The resolution passed House and Senate.
HB 533 by Marcus Hunter is a response to the problem of lead contamination in the water system at St. Joseph, LA. The bill requires the La. Department of Health (LDH) to lead a collaborative effort to evaluate the issues and conditions of drinking water treatment and distribution in communities in the State by performing evaluations of the following: (1) Sanitary survey results for each water utility system across Louisiana. (2) The effects deteriorating systems have on the safety, health, and well-being of Louisiana families, communities, and businesses. The law requires LDH to develop reports of the results of the collaborative effort, including findings, recommendations, and proposed legislation, if necessary, to submit interim reports each year and to submit a final report to the House and Senate committees on health and welfare no later than 30 days prior to the convening of the 2020 Regular Legislative Session. The bill passed both House and Senate and is signed by the Governor. The bill was part of the Green Army legislative agenda and is supported by Sierra Club Delta Chapter.
Rep Hunter filed a related House Resolution 156 to accomplish similar objectives, possibly as a defensive measure in case HB 533 did not pass. HR 156 passed the House.
HB 535 by Denise Marcelle of Baton Rouge would have designated East Baton Rouge Parish, West Baton Rouge Parish, East Feliciana Parish, West Feliciana Parish, and Pointe Coupee Parish as critical ground water areas of concern. This is to address problems created by withdrawals of large quantities of ground water from aquifers that are showing depletion and salt water intrusion. The bill was stopped in HNR&E. A substitute bill by Denise Marcelle HB 689 requires semiannual reporting of ground water quality to the Commissioner of Conservation and parliamentary procedures for the Capitol Area Ground Water Commission. The substitute bill passed House and Senate. The bill is a major step in the right direction toward requiring accountablity from the Capitol Area Ground Water Commission.
SB 46 by Ryan Gatti of Bossier City prohibits the open burning of munitions or waste explosives. The bill is a response to the problem created at Camp Minden by the proposed open burning of large quantities of waste explosives. The effect of the bill would be to compel waste management companies to install and use high temperature closed vessels that much more completely burn the waste material. This is another repeat of a bill from last year’s legislative session that drew strong opposition from industry. The bill was never brought up for hearing in committee.
SB 132 by Bodi White of Baton Rouge makes exception of portions of Comite and Amite Rivers and Bayou Manchac from prohibition in the Scenic Rivers Act against clearing and snagging and dredging for flood control purposes. Senate amendments added five more rivers, the West Pearl, Tchefuncte, Bogue Falaya, Abita and Tangipahoa Rivers. The proposed law does not specify what portions of each waterway would be subject to clearing, and required Louisiana Department of Wildlife and Fisheries to issue a permit to clear, snag or dredge. No information was presented that proposed dredging will improve flood control. Much testimony in House Natural Resources and Environment Committee supported the probability that flooding would be made worse by the proposed dredging of Scenic Rivers. The bill passed Senate and House even after a strenuous opposition campaign of lobbying and phone calls by members of Sierra Club Delta Chapter and our environmental allies including Louisiana Wildlife Federation, Nature Conservancy, Gulf Restoration Network and Louisiana Environmental Action Network. The bill passed but we did gain some assurance in the final language that all proposed projects in Scenic Rivers for clearing, snagging or dredging would go through the Louisiana Department of Wildlife and Fisheries permit process. This is good because it allows public notification, comment and public hearings when requested. SB 132 is signed by the Governor.
SB 167 by Regina Barrow of Baton Rouge requires that when a facility has been issued a notice of violation of the facility's permitted air emissions, the facility's owner or operator must within one hundred days provide sufficient funds to Louisiana Department of Health to conduct free public health screenings to any resident who resides within one mile of the facility. The bill is a good idea that will generate discussion of the health problems experienced by communities living on the fenceline of industrial air pollutant dischargers. The bill can be expected to draw intense industry opposition. The bill is in the legislative agenda of the Green Army and is supported by Sierra Club Delta Chapter. The bill was referred to Senate Environment Committee but was never placed on the agenda for hearing.
Other Bills of interest
HB 54 Carter (Constitutional Amendment) Authorizes the levy of a tax on the use of hydrocarbon processing facilities in Louisiana (recommend support). Bill was referred to House Ways and Means but was never placed on the agenda for hearing.
HB 60 Carter Imposes a tax on all oil and gas that runs through pipelines located in the state (support) Bill was referred to House Ways and Means but was never placed on the agenda for hearing.
HB 77 Bertholot Decreases fines & increases community service for littering (no position). Bill has passed House and Senate and is signed by the Governor.
HB 144 Zeringue Provides for public easement for the life of a coastal restoration project (support). Bill has passed the House and Senate and is signed by the Governor
HB 170 Carter Repeals the exemption from severance tax for oil and gas production from a horizontally drilled well (support) Bill is referred to House Ways and Means but was not placed on the agenda for hearing.
HB 187 Provides payment of claims for solar energy tax credit (support). Bill passed the House and Senate and is signed by the Governor.
HB 266 Connick Provides term limits for members of nominating committee of flood protection authorities (support) Bill passed the House and Senate and is signed by the Governor.
SR 154 by Senator Mills requests Louisiana Department of Natural Resources to study potential solutions to mitigate spoil banks created as a result of the construction and maintenance of pipelines in the Atchafalaya Basin. The resolution passed the Senate.
SR 172 by Senator Bodi White requests the Department of Transportation and Development, in consultation with other state agencies, to study construction or maintenance impacts, including channelization, dredging, and clearing and snagging activities, upon river basins and water transmission, and provide recommendations to establish, implement, and enforce floodplain management plans for each watershed in Louisiana. The resolution passed the Senate.
2017 Regular Legislative Session Information
The 2017 Regular session of the Louisiana legislature convenes Noon, Monday, April 10, 2017; and must adjourn by 6:00 PM on Thursday, June 8, 2017
This is a fiscal session limited to the following 3 classes of bills:
Class I: Measure to enact a general appropriation bill: enact the comprehensive capital budget; make an appropriation; levy or authorize a new tax; increase an existing tax; levy, authorize, increase, decrease, or repeal a fee; dedicate revenue; legislate with regard to tax exemptions, exclusions, deductions, reductions, repeals, or credits; or legislate with regard to issuance of bonds.
Class II: Local or special bills (those which are constitutionally required to be and have been advertised)
Class III: Any other subject matter not covered by Class I or Class II. Note: ALL Class III bills MUST be PREFILED, and no member may prefile more than 5 such bills. There is no limit for prefiling Class I or Class II bills, but only 5 such bills may be introduced after session begins
Length of the Session is 45 legislative days during a 60 calendar-day period
You can see full information here: https://legis.la.gov/legisdocs/17rs/17RS_House_Bulletin.pdf
2016 Louisiana Legislature Summary Update
The 2016 Regular Session of the Louisiana State Legislature adjourned on June 6 at 6 pm and the Special Session convened at 6:30 pm to continue action on state fiscal issues. The end of the regular session concludes action on bills that were part of The Green Army and Sierra Club legislative agenda. Here is a recap of Sierra Club and Green Army priority bills and their legislative outcomes: HB 11 by Rep Gene Reynolds to ban open burning of waste munitions met with such strong industry opposition that the sponsor turned it into a negotiated study resolution (HCR 118) which requested LDEQ air sampling and a citizen’s dialog committee. Legislative hearings on the bill were successful in putting the principal offender, Clean Harbors Inc, on the hot seat to explain why they conduct open burns when closed vessel incineration would give much better control air emissions. We will have to check on the LDEQ air sampling and watch what happens with the dialog committee.
HB 371 by Rep Joe Bouie to prohibit construction of schools on toxic waste sites finally got a hearing on May 18 and passed out of House Education Committee but got referred to another House committee (HNR&E) for hearing the next week. With the late start for hearings on the bill and its double committee referral the chances for this bill to make it through the process became almost nil. The bill never received a hearing in HNR&E and died on the vine.
HB 469 by Rep Connick to require fenceline air monitoring for industrial facilities next to residential communities did not pass the House. The bill had been amended down to affect only one industry (Vertex oil recycler) and still met with full on industry opposition from O&G, chemical industry, and LABI (business and industry) lobbyists. They were all around for the House floor vote where this much reduced bill went down to defeat 24/65. Industry in Louisiana clearly does not want any air quality monitoring going on near their facilities. Rep Pat Connick did a great job in pushing this bill as far as possible. He followed up with introduction and successful passage of HR 186 which requests LDEQ to study the feasibility of sharing internal real-time emissions data from certain facilities with first responders.
HB 553 by Rep Denise Marcelle would have designated five parishes (EBR, WBR, E. Feliciana, West Feliciana, & Pointe Coupee) as “critical areas of ground water concern,” would limit conflict of interest on the part of members of the regulating commission, and limit large industrial ground water withdrawals in order to protect the resource. The intention of the bill was to slow down the intrusion of salt water into the Southern Hills aquifer. The bill failed to get enough votes in HNR&E committee. The bill was converted to a study resolution, HCR 115 by Robert Carter, described further down in this list.
HB 632, 819 Rep Morris - A contest between competing visions of improvements to Oilfield Site Restoration rules pitted bills by state Sen Brett Allain against several bills by Rep Jim Morris. Sen Allain’s effort was in response to an audit of the LDNR Office of Conservation program which found many deficiencies and limited progress in closing out abandoned oil wells. Rep Morris sponsored competing bills which were more to the liking of the oil industry lobby. Negotiations between Sen Allain and Rep Morris produced compromise legislation (Morris HB 632, 819) approved in Sen Natural Resources Committee which marginally improves incentives for closing out old wells.
HB 900 by Rep Chris Leopold authorizing increases in fees collected by LDEQ passed House and Senate with amendments and goes to the Governor for his signature. We are pretty sure the Governor will sign the legislation providing needed revenue to the department for staffing and operation of environmental regulatory programs. It is worthy of note that only six senators voted No on this common sense bill. They were Cortez, Donahue, Erdey, Milkovich, Mizell and Riser.
HCR 110 and HCR 115 - Two resolutions of note by Rep Robbert Carter were approved in Sen Natural Resources Committee. One is HCR 110 requesting the LDWF and LDNR to study the effects of using water from Louisiana Scenic Rivers for fracking. The other is HCR 115 requesting the Office of Conservation to study the effects of ground water withdrawals from the southern Hills Aquifer system which supplies water to the Baton Rouge area. This resolution started out as HB 553, referenced above. which passed House and Senate. It requests LDNR Office of Conservation “to study the effects of ground water withdrawals from the Southern Hills Aquifer System.”
We have a significant victory in stopping HB 192 by Rep Paul Hollis. This was a dangerous bill seeking to deprive local communities of the option to prohibit plastic bags. But it was not just about plastic bags. This is part of a national push by big industry lobbying groups to outlaw local options that would prohibit anything including fracking and other industrial insults. Sierra Club and Green Army mounted an early call your legislators and lobbying effort which demonstrated significant resistance to this bill. The night before its first committee hearing we found out that HB 192 was pulled from the committee agenda and would not be considered.
Under the political conditions of this legislature the conversion of many of our bills to study resolutions is not a bad outcome. By proposing these pieces of legislation we have been successful in bringing wide visibility to our issues and we have gained some movement on the part of industry and regulatory agencies on correcting the issues that were raised. Many times successful passage of proposed legislation is a multi-year process. Sierra Club and Green Army can propose legislation in the future that may have better chance of passage because of visibility already given to the issues.
Sierra Club conducted two Legislative lobby days, occurring on April 20 and May 24, 2016. These were days on which our allied groups in the Green Army could bring their members to the State Capitol to visit with their legislators and lobby on behalf of our bills.
We also expanded our Legislative Action List this year so that we could email direct legislative updates and action alerts to a list of persons who requested to be on the list.
We want to thank all of you who called and/or wrote emails to legislators to support our Green Army and Sierra Club proposed legislation.You have helped us to put forward a much increased presence and better visibility in this State legislative session. Industry is spending time and resources on the defensive to fight our bills. They know we are there and that we will speak up for a clean and healthy Louisiana.