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ENROLLED
ACT No. 852026 Regular Session
HOUSE BILL NO. 758
BY REPRESENTATIVE BRASS
1 AN ACT
2 To amend and reenact R.S. 30:2011(A)(1), (D)(22)(b) and (c), and (25), 2014(B), (D)(2),
3 (3), (4), and (7), 2063(J), 2195.3(B), 2289.1(D), 2351.59(B), and (C) and R.S.
4 37:3154(10), to enact R.S. 30:2014(E), (F), and (G), and to repeal R.S.
5 30:2014(D)(5) and (6) and 2044(C), relative to Department of Environmental
6 Quality fees; to provide for new fee structures to be set by the department and for
7 those fees to be promulgated by rules and regulations adopted by the department; and
8 to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 30:2011(A)(1), (D)(22)(b) and (c), and (25), 2014(B), (D)(2), (3),
11 (4), and (7), 2063(J), 2195.3(B), 2289.1(D), 2351.59(B), and (C) are hereby amended and
12 reenacted and R.S. 30:2014(E), (F), and (G) are hereby enacted to read as follows:
13 §2011. Department of Environmental Quality; creation; duties; powers; structure
14 A.(1) There is hereby created the Department of Environmental Quality
15 which shall be the primary agency in the state concerned with environmental
16 protection and regulation. The department shall have jurisdiction over matters
17 affecting the regulation of the environment within the state, including but not limited
18 to the regulation of air quality, noise pollution control, water pollution control, the
19 regulation of solid waste disposal, the protection and preservation of the scenic rivers
20 and streams of the state, the regulation and control of radiation, the management of
21 hazardous waste, groundwater protection, underground storage tanks, and the
22 regulation of those programs which encourage, assist, and result in the reduction of
23 wastes generated within Louisiana.
24 * * *
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1 D. The secretary shall have the following powers and duties:
2 * * *
3 (22)
4 * * *
5 (b) Notwithstanding the provisions of R.S. 30:2014(D)(3) or R.S. 49:971(A),
6 the secretary is hereby authorized to establish a fee schedule in accordance with
7 Subparagraph (c) of this Paragraph for any application for accreditation by a
8 commercial laboratory under the provisions of Subparagraph (a) of this Paragraph.
9 The secretary is hereby authorized to establish a fee schedule for the certification of
10 any commercial laboratory under the provisions of Subparagraph (a) of this
11 Paragraph.
12 (c) The fee schedule authorized by Subparagraph (b) of this Paragraph shall
13 not exceed the following amounts: be determined by using a formula developed by
14 rules based upon the test category per matrix, accreditation requested, and location
15 of the laboratory.
16 (i) Accreditation application fee $ 726.00
17 payable every scope amendment
18 and every three-year renewal.
19 (ii)(aa) Per major test category per $ 363.00
20 matrix payable every year, or
21 (bb) Minor conventional category $ 290.00
22 payable every year.
23 (iii) Annual surveillance and evaluation $ 363.00
24 applicable to minor conventional
25 facilities and facilities applying for
26 only one category of accreditation.
27 (iv) Annual fee for dependent mobile lab $ 363.00
28 laboratories, per mobile
29 (v)(aa) Proficiency samples biannually to be
30 purchased by the laboratory.
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1 (bb) Bioassay/biomonitoring annually to
2 be purchased by the laboratory.
3 (vi) Third party audit to be billed directly to
4 the laboratory.
5 (vii) The accreditation fees for in-state laboratories
6 receiving national accreditation will be one and
7 one-half times the regular fees.
8 (viii) The accreditation fees for out-of-state laboratories
9 receiving state accreditation will be
10 one and one-half times the regular fees.
11 (ix) The accreditation fees for out-of-state laboratories
12 receiving national accreditation will be
13 two times the regular fees.
14 (x) Interim accreditation application fees will be
15 two times the regular fees.
16 * * *
17 (25) To promulgate rules and regulations providing for conducting requested
18 reviews of environmental conditions of a specified tract of immovable property,
19 including but not limited to requests for no further action letters. Such rules may
20 provide for a fee for each request by the landowner or a party with an interest in a
21 real estate transaction involving the specified property not to exceed the maximum
22 per hour overtime salary, including associated-related benefits, of a civil service
23 employee of the department per hour or portion thereof required to conduct the
24 review plus reasonable indirect costs calculated as a percentage of the hourly fee.
25 Such percentage shall be determined annually by agreement between the department
26 and the United States Environmental Protection Agency for use on grants and
27 contracts. However, the department shall require a requestor to pay a minimum fee
28 not exceeding one thousand six hundred fifty dollars prior to conducting the review.
29 * * *
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1 §2014. Permits, licenses, registrations, variances, and fees
2 * * *
3 B. In order to provide for adequate permitting, monitoring, investigation,
4 administration, and other activities required for the maintenance of a healthful and
5 safe environment, an initial application fee and an annual monitoring and
6 maintenance fee shall be charged for all permits, licenses, registrations, or variances
7 authorized by this Subtitle. These fees shall be determined, except as otherwise
8 provided in this Subtitle relative to maximum amounts of fees, using a formula
9 developed by rules to be based upon a cost equal to the cost of the annual
10 maintenance, permitting, monitoring, investigation, administration, and other
11 activities required therewith, including any effects the volume of emissions or
12 effluents may have on such activities. Any such formula or fees shall be adopted by
13 the department by rule in accordance with the Administrative Procedure Act, R.S.
14 49:950 et seq. Funds generated from these fees shall be deposited in the
15 Environmental Trust Dedicated Fund Account as provided in R.S. 30:2015 unless
16 specified elsewhere.
17 * * *
18 D.
19 * * *
20 (2) Unless otherwise provided by law, the department is prohibited from
21 adjusting, modifying, or otherwise changing the formula for any fee authorized under
22 this Section in a manner that would increase the fee paid by any person by more than
23 five percent of the relevant fee paid by such person in the previous fiscal year.
24 However, this Paragraph shall not apply to fees imposed by the department for any
25 underground storage tanks as provided in R.S. 30:2194. The department is
26 authorized to adjust, modify, or otherwise change the formula for any fee authorized
27 under this Section based on the annual rate of the Consumer Price Index for All
28 Urban Consumers maintained by the United States Department of Labor, Bureau of
29 Labor Statistics. This change can be aggregated for each year the formula has not
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1 been altered. The department shall adjust fee amounts through the rulemaking
2 process.
3 (3) The department is prohibited from creating any new fees under this
4 Subtitle, but is authorized to adjust or modify fees for activities authorized under this
5 Subtitle or to change the formula if the need arises due to new technology, correction
6 of errors, new industry, federal obligations, and budgetary concerns. The department
7 shall promulgate rules to determine these fees by using a formula to be based upon
8 a cost equal to the cost of the annual maintenance, permitting, monitoring,
9 investigation, administration, and other activities required therewith, including any
10 effects the volume of emissions or effluents may have on such activities.
11 (4)(a) In accordance with the provisions of Article VII, Section 2.1 of the
12 Constitution of Louisiana, and notwithstanding any other provision of law, the
13 Department of Environmental Quality may modify any fee that is in effect on June
14 30, 2002, is authorized by this Title, and is required to be deposited into the
15 Environmental Trust Dedicated Fund Account. Such a modification may increase the
16 rate in effect on June 30, 2002, over the two-year fiscal period beginning July 1,
17 2002, as follows: the department may increase any such fee by a maximum of twenty
18 percent, effective on or after July 1, 2002, and by a maximum of ten percent above
19 the rate in effect on June 30, 2003, effective on or after July 1, 2003. Within ninety
20 days of the promulgation and adoption of any regulation necessary to implement the
21 fees herein, the Department of Environmental Quality shall submit a written report
22 to the Joint Legislative Committee on the Budget for its approval which details the
23 proposed use for the fee increase, efforts to decrease the processing time for permits,
24 efforts to increase the number of inspections conducted at regulated facilities,
25 enforcement activities, and efforts to increase the collection of fines imposed by the
26 Department of Environmental Quality. the secretary may establish fees within each
27 medium the department regulates through the rulemaking process. The fees charged
28 shall be reflective of the department's work and costs necessary to issue and enforce
29 each permit, and the corresponding fee schedules and matrices shall contemplate the
30 scale and scope of each permit, facility, or other parameters necessary to determine
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1 the fees the department will assess. The fees promulgated by the department shall
2 not exceed the following:
3 (b) Notwithstanding any other provision of law to the contrary, the
4 Department of Environmental Quality may increase the following fees from the
5 amounts in effect on March 14, 2015, as authorized by this Title or any rule or
6 regulation promulgated pursuant thereto, and is required to be deposited into the
7 Environmental Trust Dedicated Fund Account as follows:
8 (i) Ground water fees provided for in Chapter 14 of Part 1 of Title 33 of the
9 Louisiana Administrative Code may be increased by up to ten percent.
10 (ii) Air fees provided for in Part III of Title 33 of the Louisiana
11 Administrative Code may be increased by up to ten percent. A minimum application
12 fee of five hundred dollars and a minimum annual maintenance fee of two-hundred
13 fifty dollars may be established. The maximum annual maintenance fee for natural
14 gas compressors provided in LAC 33:III.223, Table 1, Categories 1430 through 1490
15 shall not exceed forty-one thousand six hundred twelve dollars for any one gas
16 transmission permit. In addition, the secretary is hereby authorized to establish a fee
17 schedule for the following:
18 (aa) An application fee for a new, modification, or renewal of an acid rain
19 permit not to exceed five hundred dollars.
20 (bb) An application fee for the renewal with no modification of an operating
21 permit not to exceed the minimum minor permit modification fee.
22 (cc) An annual fee charged for sources permitted pursuant to 40 CFR Part 70
23 and required to obtain a permit pursuant to Title V of the federal Clean Air Act not
24 to exceed twenty percent of the total annual maintenance fees.
25 (iii) Hazardous waste fees provided in Part V of Title 33 of the Louisiana
26 Administrative Code may be increased by up to twenty-five percent. In addition, the
27 secretary is hereby authorized to establish a fee schedule for the following:
28 (aa) An annual maintenance fee for hazardous waste treatment, storage, and
29 disposal facilities that are in post-closure not to exceed four thousand one hundred
30 twenty-five dollars.
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1 (bb) An application fee for hazardous waste transfer facilities not to exceed
2 one thousand nine hundred dollars.
3 (cc) An application fee for used oil transfer facilities not to exceed one
4 thousand three hundred dollars.
5 (dd) An application fee for an extension of the accumulation time by
6 hazardous waste generators not to exceed five hundred dollars.
7 (iv)(aa) Solid waste fees provided in Part VII of Title 33 of the Louisiana
8 Administrative Code may be increased by up to twenty-five percent.
9 (bb) Tonnage fees for non-industrial wastes provided for in LAC
10 33:VII.1505(B)(2)(b) may be applied for amounts exceeding twenty-five thousand
11 tons.
12 (v) Water quality fees in Part IX of Title 33 of the Louisiana Administrative
13 Code may be increased by up to ten percent. In addition the secretary is hereby
14 authorized to establish a fee schedule for the following:
15 (aa) A general permit for oil and gas wells in the coastal and territorial seas
16 provided for in LAC 33:IX.1309(N) charged annually based upon each application
17 for coverage under the general permit not to exceed one thousand seven hundred
18 fifty dollars.
19 (bb) A general permit for sewage sludge authorizations charged annually not
20 to exceed six hundred dollars.
21 (cc) An annual fee for sewage sludge individual permits not to exceed two
22 thousand dollars.
23 (vi)(aa) Underground storage tank fees provided for in Part XI of Title 33 of
24 the Louisiana Administrative Code may be increased by up to ten percent.
25 (bb) The secretary is hereby authorized to establish a fee schedule for the
26 amendment of registrations not to exceed sixty dollars.
27 (vii)(aa) Radiation protection fees in Part XV of Title 33 of the Louisiana
28 Administrative Code may be increased by up to ten percent.
29 (bb) The secretary is hereby authorized to establish a fee schedule for a
30 license renewal application fee not to exceed the new application fee.
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1 (viii) Any increase authorized by this Subparagraph by a certain percentage
2 shall be rounded up to the nearest dollar.
3 (c) Within ninety days of the promulgation and adoption of any regulation
4 necessary to implement the fees authorized by Subparagraph (b) of this Paragraph,
5 the department shall submit a written report to the Joint Legislative Committee on
6 the Budget for its approval which details the proposed use for the fee increase,
7 efforts to decrease the processing time for permits, efforts to increase the number of
8 inspections conducted at regulated facilities, enforcement activities, and efforts to
9 increase the collection of fines imposed by the department.
10 (a) Groundwater Protection Fees in Part I of Title 33 of the Louisiana
11 Administrative Code shall not exceed seventy-five thousand dollars for any one site
12 annually.
13 (b) Laboratory Accreditation Fees in Part I of Title 33 of the Louisiana
14 Administrative Code shall not exceed one thousand five hundred dollars per test
15 scope category annually.
16 (c) Air Quality Control Fees in Part III of Title 33 of the Louisiana
17 Administrative Code shall be based on the number of emissions points or the total
18 tons actually emitted. The application fee or annual fee per emission point shall not
19 exceed one hundred dollars per point. The annual fee per ton for criteria pollutants
20 shall not exceed one hundred dollars annually.
21 (i) Class I Toxic Air Pollutants shall be four times the criteria pollutant rate
22 annually.
23 (ii) Class II Toxic Air Pollutants shall be three times the criteria pollutant
24 rate annually.
25 (iii) Class III Toxic Air Pollutants shall be two times the criteria pollutant
26 rate annually.
27 (d) Hazardous Waste Fees in Part V of Title 33 of the Louisiana
28 Administrative Code shall not exceed seven hundred seventy-five thousand dollars
29 for any one permit annually.
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1 (e) Solid Waste Fees in Part VII of Title 33 of the Louisiana Administrative
2 Code shall not exceed two hundred fifty thousand dollars for any one permit
3 annually.
4 (f) Water Quality Fees in Part IX of Title 33 of the Louisiana Administrative
5 Code shall not exceed two hundred fifty thousand dollars for any one permit
6 annually.
7 (g) Radiation Protection Fees in Part XV of Title 33 of the Louisiana
8 Administrative Code shall not exceed seven hundred seventy-five thousand dollars
9 for any one license annually.
10 * * *
11 (7) The department may require a fee to process any request for a declaratory
12 ruling, request for expedited permit, review of environmental conditions,
13 remediation and associated oversight and indirect costs, or review of a self audit not
14 to exceed the maximum per-hour overtime salary, including associated-related
15 benefits, of a civil service employee of the department per hour or portion thereof
16 required to conduct the review plus reasonable indirect costs calculated as a
17 percentage of the hourly fee. Such percentage shall be determined annually by
18 agreement between the department and the United States Environmental Protection
19 Agency for use on grants and contracts. However, the department may require a
20 requestor to pay a minimum fee of one thousand five hundred dollars.
21 E. In accordance with the provisions of Article VII, Section 2.1 of the
22 Constitution of Louisiana, and notwithstanding any other provision of law to the
23 contrary, the Department of Environmental Quality may modify any fee that is in
24 effect on June 30, 2026, as authorized by this Subtitle. The department shall
25 promulgate rules to determine these fees by using a formula to be based upon a cost
26 equal to the cost of the annual maintenance, permitting, monitoring, investigation,
27 administration, and other related activities, including any effects the volume of
28 emissions or effluents may have on such activities. These fees shall be adopted by
29 the department by rule in accordance with the Administrative Procedure Act, R.S.
30 49:950 et seq.
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1 F. The department shall promulgate rules to determine emergency processing
2 fees and late fees in accordance with the Administrative Procedure Act, R.S. 49:950
3 et seq. Emergency processing fees shall not exceed one and one half times the
4 regular fees. Late fees shall not exceed fifteen percent of the original fee amount.
5 G. Failure to pay the prescribed fee, as provided in this Subtitle, within
6 ninety days after the due date shall constitute a violation and shall subject the person
7 to applicable enforcement actions under the Louisiana Environmental Quality Act,
8 R.S. 30:2001 et seq. including but not limited to denial of an application and
9 revocation or suspension of the applicable permit, license, registration, or variance.
10 * * *
11 §2063. Prevention of accidental releases
12 * * *
13 J. The regulations authorized pursuant to this Section may provide for the
14 registration of each process covered by the regulations. In accordance with the
15 provisions of Article VII, Section 2.1 of the Constitution of Louisiana and R.S.
16 30:2014, the department is authorized to increase fees to cover the operating
17 expenses of the department for the continued implementation of the accidental
18 release prevention program. The fee increase shall be implemented by increasing,
19 on an average of four and one-half percent, existing fees assessed by the department
20 pursuant to its fee schedules under the air quality control program. The fee schedule
21 shall be based on industrial groups that reflect the degree that these are to be
22 regulated under the accidental release prevention program.
23 * * *
24 §2195.3. Source of funding; limitations on disbursements from the Tank Trust
25 Account; limit on amount in Tank Trust Account
26 * * *
27 B. All owners of motor fuel underground storage tanks storing new or used
28 motor oil shall pay to the secretary a fee not to exceed two hundred seventy-five
29 three hundred dollars per eligible underground motor fuel storage tank per year. Late
30 fees shall be established by the department by rule in accordance with the
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1 Administrative Procedure Act. Failure to pay the prescribed fee as provided herein,
2 within ninety days after the due date, shall constitute a violation and shall subject the
3 person to applicable enforcement actions under the Louisiana Environmental Quality
4 Act, including but not limited to revocation or suspension of the applicable permit,
5 license, registration, or variance.
6 * * *
7 §2289.1. Requests for review, investigation, and oversight; fees
8 * * *
9 D. The department is hereby authorized to charge and collect a participation
10 fee not to exceed six hundred sixty dollars per application for approval of an
11 investigation plan, and a fee not to exceed six hundred sixty dollars per application
12 for approval of a remedial action plan. The department shall promulgate rules and
13 regulations to provide for reimbursement to the state of the actual direct costs
14 associated with oversight of activities conducted pursuant to this Part, such as
15 review, supervision, investigation, and monitoring. The department may charge and
16 collect only for reasonable and appropriate oversight of activities conducted pursuant
17 to this Part. When the department holds a public hearing, the applicant shall be
18 responsible for the actual costs of the public hearing, including but not limited to
19 building rental, security, court reporter, and hearing officer. These fees shall be
20 adopted by the department by rule in accordance with the Administrative Procedure
21 Act, R.S. 49:950 et seq.
22 * * *
23 §2351.59. Fees
24 * * *
25 B. Licensure, certification, and accreditation fees shall be paid annually.
26 Notification fees are assessed for each lead abatement project. Fees shall be paid
27 upon application to the secretary department and deposited into the Lead Hazard
28 Reduction Dedicated Fund Account, R.S. 30:2351.41.
29 C.(1) License and certification fees shall be paid as follows:
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1 (a) License evaluation fee of five hundred fifty dollars shall be paid by lead
2 contractors fees shall be paid annually.
3 (b) Certification fees shall be paid annually for the following disciplines:
4 (i) Lead project supervisor $ 275.00
5 (ii) Lead project designer $ 550.00
6 (iii) Risk assessor $ 275.00
7 (iv) Lead inspector $ 165.00
8 (v) Lead worker $ 55.00
9 (c) Emergency processing for licensure and certification fees shall be one
10 and one-half times the regular processing fee.
11 (d) (c) The secretary is authorized to establish subcategories within any
12 category.
13 (e) A person applying for licensure under more than one category shall pay
14 only the fee for the highest category.
15 (f) No fees shall be assessed to public entities or employees of public entities
16 for certification.
17 (2) Accreditation fees for training organizations and instructors shall be paid
18 as follows: annually.
19 (a) In-state training organizations (Louisiana domiciliaries):
20 (i) Application processing fee $ 550.00
21 (ii) Processing fee per instructor $ 55.00
22 (iii) Emergency processing 1.5 times the regular fees
23 (b) Out-of-state training organizations (non-Louisiana domiciliaries):
24 (i) Application processing fee $ 825.00
25 (ii) Processing fee per instructor $ 110.00
26 (iii) Emergency processing 1.5 times the regular fees
27 (3) Notification fees will be due upon application as follows: shall be
28 assessed for each lead abatement project. For the lead abatement of a building or
29 other structure, the fee shall be based upon the projected lead-based painted areas to
30 be abated in the abatement project. Areas of lead-contaminated soil associated with
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1 the abatement process will be included in the projected square footage for the
2 building or structure.
3 (a) For the lead abatement of a building or other structure, the fee shall be
4 based upon the projected lead-based painted areas to be abated in the abatement
5 project. Areas of lead-contaminated soil associated with the abatement process will
6 be included in the projected square footage for the building or structure as follows:
7 (i) 2000 square feet and under $ 220.00
8 (ii) Each additional increment of 2000
9 square feet or portion thereof $ 110.00
10 (iii) Revisions to notification fees $ 55.00
11 (b) For the lead abatement of soil only, the fee shall be based upon the
12 projected acreage of the abatement project as follows:
13 (i) Half acre or less $ 220.00
14 (ii) Each additional half acre or
15 portion thereof $ 110.00
16 (iii) Revisions to notification fees $ 55.00
17 (c) Emergency notification processing fees will be one and one- half
18 times the regular fees.
19 (4) Any such formula for fees shall be adopted by the department by rule in
20 accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
21 Section 2. R.S. 37:3154(10) is hereby amended and reenacted to read as follows:
22 §3154. Board of Certification and Training; powers and duties; certificates;
23 revocation and suspension
24 * * *
25 (10) To establish appropriate fees for examination, training, and certification
26 to be paid by the applicant. fees that shall be determined using a formula developed
27 by rules to be based upon the cost of establishing a certification program for
28 operators of solid waste disposal facilities for examination, training, and
29 certification. Any such formula or fees shall be adopted by the department by rule
30 in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. The
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1 revenue generated from the fees shall be deposited into the Environmental Trust
2 Dedicated Fund Account.
3 * * *
4 Section 3. R.S. 30:2014(D)(5) and (6) and 2044(C) are hereby repealed in their
5 entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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