§ 30:2019.1 — Promulgation of rules and regulations affecting agriculture

Louisiana § 30:2019.1

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2019.1. Promulgation of rules and regulations affecting agriculture
A. No rule, regulation, or permit fee shall be adopted, amended, or repealed which
affects the agriculture industry, including both production and processing and their various
operations and industries, prior to compliance with this Section.
B. The governor shall designate a person from the office of the governor to act as a
liaison between the department and the agriculture industry, including both production and
processing and their various operations and industries.
C.(1) The department shall inform the chancellor of the Louisiana State University
Agricultural Center and the commissioner of agriculture and forestry of proposed rules,
regulations, or permit fees and the reasons for such.
(2) The chancellor shall designate appropriate research, extension, or other personnel
under his authority who shall provide documentation to the department and the governor's
appointed liaison with respect to:
(a) The environmental effects of agricultural practices.
(b) The economic impact of the proposed rules, regulations, or fees.
(c) The acceptable and unacceptable risk levels associated with traditional and
proposed agricultural practices.
(d) The alternative methods of achieving environmental goals.
(e) The probable effectiveness of any proposed rules, regulations, or fees.
(f) Any other information that should be considered.
D. The positions of the Department of Environmental Quality and the agriculture
community, as supported by the chancellor and the commissioner of agriculture and forestry,
shall be communicated to the governor through his designated liaison for his participation
in implementing or limiting the implementation of any such rule, regulation, or practice
change.
E. Unless an emergency is initially declared by the governor and action is taken as
provided for in R.S. 49:962, no rule, regulation, or permit fee may be adopted, amended, or
repealed which affects the agriculture industry unless statements from the secretary of the
department, the chancellor, and the commissioner of agriculture and forestry accompany the
rule, regulation, or permit fee which outline their individual opinions on the issues of
whether the rule, regulation, or permit fee is justified, practical, and worthy of
implementation, and public hearings have been held in accordance with the Administrative
Procedure Act. Such statements from the secretary of the department, the chancellor, and the
commissioner of agriculture and forestry shall be provided to the appropriate legislative
oversight committee by the respective official. The failure of an official to provide a
statement shall constitute support for the rule, regulation, or permit fee.

Legislative History

Acts 1991, No. 860, §1, eff. July 23, 1991; Acts 1993, No. 173, §1; Acts 2021, No. 211, §6.