§ 49:963 — Department of Environmental Quality; procedure for adoption of rules

Louisiana § 49:963

• Jurisdiction: Louisiana
• Title 49: State Administration

Text

§963. Department of Environmental Quality; procedure for adoption of rules
A.(1) Notwithstanding any other provision of this Chapter to the contrary, if the
Department of Environmental Quality proposes a rule that is not identical to a federal law
or regulation or is not required for compliance with a federal law or regulation, the
department shall do all of the following:
(a) Adopt and promulgate the proposed rule separately from any proposed rule or set
of proposed rules that is identical to a federal law or regulation or required for compliance
with a federal law or regulation, unless the only difference between the proposed rule or set
of proposed rules and the corresponding federal law or regulation is a proposed fee. For
purposes of this Subsection, the term "identical" shall mean that the proposed rule has the
same content and meaning as the corresponding federal law or regulation.
(b)(i) Provide a brief summary which explains the basis and rationale for the
proposed rule; identifies the data and evidence, if any, upon which the rule is based; and
identifies any portions of the proposed rule that differ from federal law or regulation if there
is a federal law or regulation which is not identical but which corresponds substantially to
the proposed rule.
(ii) The summary shall be provided along with the notice of intent and shall be
published in the Louisiana Register or made available along with the proposed rule as
provided in R.S. 49:961(A)(4). The department may also provide the summary when
proposing a rule identical to a corresponding federal law or regulation or proposing a rule
which is required for compliance with federal law or regulation to explain the basis and
rationale for the proposed rule.
(2) Notwithstanding any other provision of this Chapter to the contrary, when the
department proposes a rule that is identical to a federal law or regulation applicable in
Louisiana, except as provided in Paragraph (3) of this Subsection, it may use the following
procedure for the adoption of the rule:
(a) The department shall publish a notice of the proposed rule at least sixty days prior
to taking action on the rule as provided below. The notice, which may include an
explanation of the basis and rationale for the proposed rule, shall include all of the following:
(i) A statement of either the terms or substance of the intended action or a description
of the subjects and issues involved.
(ii) A statement that no fiscal or economic impact will result from the proposed rule.
(iii) The name of the person within the department who has responsibility for
responding to inquiries about the intended action.
(iv) The time, place, and manner in which interested persons may present their views
including the notice for a public hearing required by R.S. 30:2011(D)(1).
(v) A statement that the intended action complies with the law administered by the
department, including a citation of the specific provisions of law which authorize the
proposed rule.
(b) Notice of the proposed rule shall be published at least once in the Louisiana
Register and shall be submitted with a full text of the proposed rule to the Louisiana Register
at least seventy days prior to the date the department proposes to formally adopt the rule.
The office of the state register may omit from the Louisiana Register any proposed rule, the
publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if
the Louisiana Register contains a notice stating the general subject matter of the omitted
proposed rule, the process being employed by the department for adoption of the proposed
rule, and how a copy of the proposed rule may be obtained.
(c) Notice of the intent of the department to adopt the rule shall be transmitted to all
persons who have made timely request for notice at the earliest possible date, and in no case
later than ten days after the date when the proposed rule is submitted to the Louisiana
Register.
(d) For the purposes of this Paragraph, the date of notice is the date of publication
of the issue of the Louisiana Register in which the notice appears as stated on the outside
cover or the first page of the issue.
(e) The department shall afford all interested persons an opportunity to submit data,
views, comments, or arguments related to the proposed rule, in writing, during a period of
no less than thirty days. The department shall consider fully all written comments and
submissions respecting the proposed rule.
(f) The department shall make available to all interested persons copies of the
proposed rule from the time the notice of its adoption is published in the Louisiana Register.
(g) The department shall issue a response to comments and submissions describing
the principal reasons for and against adoption of any amendments or changes suggested in
the written comments and submissions and specifically addressing any assertion that the
proposed rule is not identical to the federal law or regulation upon which it is based. The
department shall issue the response to comments and submissions to any person who
presented comments or submissions on the rule and to any requesting person no later than
fifteen days prior to the time of publication of the final rule.
(h) No later than fifteen days prior to the time of publication of the final rule in the
Louisiana Register, the secretary or any authorized assistant secretary of the department shall
do each of the following:
(i) Certify under oath, to the governor of the state of Louisiana, the attorney general
of Louisiana, the speaker of the House of Representatives, the president of the Senate, the
chairman of the House Committee on Natural Resources and Environment, the chairman of
the Senate Committee on Environmental Quality, and the office of the state register that the
proposed rule is identical to a specified federal law or regulation applicable in Louisiana.
(ii) Furnish the chairman of the Senate Committee on Environmental Quality and the
chairman of the House Committee on Natural Resources and Environment the response to
comments and submissions required under Subparagraph (g) of this Paragraph, together with
a copy of the notice required under Subparagraph (a) of this Paragraph.
(i) Unless specifically requested, in writing, by the chairman of the House
Committee on Natural Resources and Environment or the chairman of the Senate Committee
on Environmental Quality within ten days of the certification provided under Subparagraph
(h) of this Paragraph, there shall be no legislative oversight of the proposed rule. If,
however, legislative oversight is properly requested, R.S. 49:961(B)(2) and (3) and 966 shall
thereafter apply with respect to the proposed rule.
(j) In the absence of legislative oversight, the proposed rule may be adopted by the
department no earlier than sixty days, nor later than twelve months, after the official notice
of the proposed rule was published in the Louisiana Register. The proposed rule shall be
effective upon its publication in the Louisiana Register subsequent to the act of adoption.
(3) The procedures set forth in Paragraph (2) of this Subsection for the adoption by
the department of rules identical to federal laws or regulations applicable in Louisiana shall
not be available for the adoption of any rules creating or increasing fees.
B.(1) Prior to or concurrent with publishing notice of any proposed policy, standard,
or regulation pursuant to Subsection A of this Section and prior to promulgating any policy,
standard, or final regulation whether pursuant to R.S. 49:965 or otherwise under the authority
of the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., the department shall
publish a report, or a summary of the report, in the Louisiana Register which includes:
(a) A statement identifying the specific risks being addressed by the policy, standard,
or regulation and any published, peer-reviewed scientific literature used by the department
to characterize the risks.
(b) A comparative analysis of the risks addressed by the policy, standard, or
regulation relative to other risks of a similar or analogous nature to which the public is
routinely exposed.
(c) An analysis based upon published, readily available peer-reviewed scientific
literature, describing how the proposed and final policy, standard, or regulation will advance
the purpose of protecting human health or the environment against the specified identified
risks.
(d) An analysis and statement that, based on the best readily available data, the
proposed or final policy, standard, or regulation presents the most cost-effective method
practically achievable to produce the benefits intended regarding the risks identified in
Subparagraph (a) of this Paragraph.
(2) No regulation shall become effective until the secretary complies with the
requirements of Paragraph (1) of this Subsection.
(3) This provision shall not apply in those cases where the policy, standard, or
regulation meets one or more of the following criteria:
(a) Is required for compliance with a federal law or regulation.
(b) Is identical to a federal law or regulation applicable in Louisiana.
(c) Will cost the state and affected persons less than one million dollars, in the
aggregate, to implement.
(d) Is an emergency rule under R.S. 49:962.
(4) For purposes of this Subsection, the term "identical" shall mean that the proposed
rule has the same content and meaning as the corresponding federal law or regulation.
(5) In complying with this Section, the department shall consider any scientific and
economic studies or data timely provided by interested parties which are relevant to the
issues addressed and the proposed policy, standard, or regulation being considered.
NOTE: Former R.S. 49:963 redesignated as R.S. 49:968 by Acts 2022, No. 663, §1.

Legislative History

Acts 2022, No. 663, §1.