Louisiana Revised Statutes 30:2564 – Louisiana Environmental Regulatory Innovations Programs
Terms Used In Louisiana Revised Statutes 30:2564
- Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Final project agreement: means the final document agreed upon between the secretary and a program participant that specifically states the terms and duration of the proposed project. See Louisiana Revised Statutes 30:2563
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Regulatory flexibility: means that a qualified participant in a regulatory innovations program may be exempted by the secretary from regulations promulgated by the department under this Chapter consistent with federal law and regulation. See Louisiana Revised Statutes 30:2563
- Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Superior environmental performance: means :
(a) A significant decrease of pollution to levels lower than the levels currently being achieved by the subject facility under applicable law or regulation, where these lower levels are better than required by applicable law and regulation; or
(b) Improved social or economic benefits, as determined by the secretary, to the state while achieving protection to the environment equal to the protection currently being achieved by the subject facility under applicable law and regulation, provided that all requirements under current applicable law and regulation are being achieved by the facility. See Louisiana Revised Statutes 30:2563
A. The department shall establish and implement environmental regulatory innovations programs. The programs shall provide regulatory flexibility for participants in these programs. Participation in such programs shall be strictly voluntary, and the department shall not require participation in such programs.
B. The Louisiana Environmental Regulatory Innovations Programs shall include but are not limited to the excellence and leadership program.
C. Minimum criteria for participation in any of the Louisiana Environmental Regulatory Innovations Programs are:
(1) The demonstration project must provide superior environmental performance:
(a) Without increasing negative impacts on the environment, the local community, or worker health and safety.
(b) Without transferring the pollution impacts into a product.
(2) The pollution reduction goals of the demonstration project must be verifiable.
(3) The participant agrees to make available to the public in a format approved by the department all information he submits to the department about the demonstration project, except information that is declared confidential under La. Rev. Stat. 30:2030.
(4) The demonstration project must include stakeholder participation.
(5) The participant agrees to provide an annual written report to the department containing but not limited to pollution reduction data, economic benefits, and paperwork and other administrative tasks that do not directly benefit the environment.
(6) The project is consistent with federal law and regulation.
D. The secretary shall determine the number of environmental regulatory innovations programs and the number of projects to be conducted under the programs each fiscal year.
E. On or before June 30, 1999, and on a quarterly basis thereafter, the secretary shall report to the legislature on implementation of these innovative programs, their environmental results, the level of stakeholder support, and the costs and benefits.
F. The secretary shall give notice of the final project agreement to a person who has requested notice of the agreement. The program participant must publish a notice of the final project agreement in the official journal of the parish governing authority for the parish in which the project will occur.
Acts 1997, No. 992, §1.