Do Louisiana Local Emergency Planning Committees have to hold their meetings in public under the Open Meetings Law?

Plain-English summary

Louisiana State Representative Les Farnum asked the AG whether Local Emergency Planning Committees (LEPCs), the bodies set up under the federal Emergency Planning and Community Right-to-Know Act (EPCRA), have to meet in public under Louisiana's Open Meetings Law. The AG said yes.

EPCRA (42 U.S.C. § 11001 et seq.) was passed by Congress to help communities plan for chemical and hazardous material emergencies. The structure works like this: each state governor appoints a State Emergency Response Commission (SERC), the SERC designates emergency planning districts within the state, and the SERC then appoints an LEPC for each district. Each LEPC must include elected state and local officials, first responders (police, fire, civil defense), public health professionals, environmental and transportation officials, hospital officials, representatives of regulated chemical facilities, and community group and media representatives. LEPCs prepare and annually review a written community emergency response plan and make hazardous-material information available to citizens.

Louisiana implemented EPCRA through the Hazardous Materials Information Development, Preparedness, and Response Act (the "Right-to-Know Law"), La. R.S. 30:2361 et seq. La. R.S. 30:2378 says that "[a]ll proceedings conducted under this Chapter and all rules and regulations adopted pursuant to this Chapter shall be conducted or adopted in accordance with the Administrative Procedure Act and the Open Meetings Law."

The AG ran two independent paths to the same conclusion that LEPCs are "public bodies" under the Open Meetings Law.

Path 1: LEPCs are committees of a public body. La. R.S. 42:13(A)(3) defines a "public body" to include "any committee or subcommittee" of the bodies listed in the statute (which include state and special-district boards and commissions). The Louisiana Supreme Court in Louisiana High Sch. Athletics Ass'n, Inc. v. State confirmed that "committee or subcommittee" refers to committees formed by a public body itself. Because the SERC is a state commission (and therefore a public body), and the SERC forms LEPCs by appointing them, LEPCs are committees of a public body.

Path 2: LEPCs are independent public bodies based on their functions. The Open Meetings Law's definition reaches "any other state, parish, municipal, or special district boards, commissions, or authorities" with "policy making, advisory, or administrative functions." LEPCs have all three. Under 42 U.S.C. § 11003, LEPCs prepare emergency response plans, review them annually, evaluate resource needs, and make recommendations for additional resources. Their plans must identify regulated facilities and hazardous-substance transportation routes, set response methods and procedures, designate emergency coordinators, establish notification procedures, set evacuation plans, plan training programs, and schedule drills. These are policy-making and administrative functions, not purely advisory ones.

The private-advisory-committee exemption does not apply. La. R.S. 42:17(D) exempts from certain Open Meetings Law provisions "any meeting of a private citizens' advisory group or a private citizens' advisory committee established by a public body, when the members of such group or committee do not receive any compensation and serve only in an advisory capacity." The AG distinguished its earlier opinion (Op. 19-0145), which had applied that exemption to an Ethics Review Board "awards working group" that was made up of uncompensated private citizens who only helped the Board pick award nominees. LEPC members are different: they include elected officials, first responders, and chemical facility representatives; they have their own statutory duties; and their function is not purely advisory. So the exemption does not reach them.

The opinion concludes that LEPCs must follow the Open Meetings Law and cannot use the private-citizens' advisory-committee exemption. It notes separately that EPCRA requires LEPC rules for public notification, public meetings on the emergency plan, public comments and responses, and distribution of the plan.

What this means for you

If you serve on an LEPC. Treat the committee as a public body under Louisiana's Open Meetings Law. The opinion says LEPCs have duties beyond giving advice: they prepare and review emergency plans and evaluate resource needs. Its conclusion does not turn on whether members are paid.

If you chair or coordinate an LEPC. Check that the committee's rules address public notification of activities, public meetings on the emergency plan, public comments, responses to comments, and plan distribution. Those requirements appear in the opinion's account of EPCRA, alongside its conclusion that the state Open Meetings Law applies.

If you represent a facility on an LEPC. Federal law requires facility representatives among LEPC members. The opinion says the committee's meetings are subject to the Open Meetings Law, and it identifies the emergency plan as a subject of required public meetings and comments.

If you follow local emergency planning. The opinion identifies LEPCs as public bodies whose meetings are open unless a legislatively determined exception applies. It also describes EPCRA rules calling for public meetings on the emergency plan and opportunities to comment on it.

If you advise the State Emergency Response Commission. The opinion gives two reasons LEPCs are public bodies: SERC appoints them as committees of a state commission, and their statutory planning duties give them policy-making, advisory, and administrative functions. Either reason supports the opinion's conclusion.

Common questions

Q: Does federal creation of an LEPC keep Louisiana's Open Meetings Law from applying?
A: No. Under EPCRA, the state commission appoints each LEPC. The Attorney General concludes that LEPCs meet Louisiana's definition of public body and must follow its Open Meetings Law.

Q: Why does the Attorney General call an LEPC a public body?
A: SERC, a state commission, appoints it. Separately, LEPCs prepare and review emergency plans, assess resource needs, and make recommendations. The opinion says those duties are policy-making, advisory, and administrative functions within La. R.S. 42:13(A)(3).

Q: Does the exemption for private citizens' advisory groups cover an LEPC?
A: No. La. R.S. 42:17(D) addresses an uncompensated private citizens' group serving only in an advisory capacity. The opinion says LEPCs have their own statutory planning and administrative duties, so that exemption does not apply.

Q: What public participation does the opinion describe?
A: It says federal law requires LEPC rules for public notification of activities, public meetings to discuss the emergency plan, public comments, responses to those comments, and distribution of the plan. The opinion also concludes that Louisiana's Open Meetings Law applies to LEPC meetings.

Q: Can an LEPC ever close a meeting?
A: The opinion says meetings of public bodies are open unless closed under a legislatively determined exception. It does not decide whether a particular LEPC discussion qualifies for an exception.

Background and statutory framework

Federal Emergency Planning and Community Right-to-Know Act (EPCRA). 42 U.S.C. § 11001 et seq. The Act creates a tiered structure: a national network of State Emergency Response Commissions (SERCs), each SERC designates emergency planning districts within its state, and each district has an LEPC. Each LEPC develops an emergency response plan and provides hazardous-substance information to the community. 42 U.S.C. § 11003 specifies the LEPC's planning duties; 42 U.S.C. § 11004 governs emergency release notification.

Louisiana implementation. The Hazardous Materials Information Development, Preparedness, and Response Act (Right-to-Know Law), La. R.S. 30:2361 et seq., implements EPCRA in Louisiana. La. R.S. 30:2362(A) declares the public's right to know about and protect themselves from hazardous materials. La. R.S. 30:2378 directs that all proceedings under the chapter follow the Administrative Procedure Act and the Open Meetings Law.

Louisiana Open Meetings Law. La. R.S. 42:11 et seq. La. R.S. 42:12 sets the public policy in favor of open meetings and liberal construction of the law. La. R.S. 42:13(A)(3) defines "public body" to include named state and local governing authorities and "any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies." La. R.S. 42:14 requires meetings of public bodies to be open. La. R.S. 42:17(D) carves out an exemption for private citizens' advisory committees that receive no compensation and serve only advisory roles.

Constitutional anchor. La. Const. art. XII, § 3 provides that "No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

Relevant case. Louisiana High Sch. Athletics Ass'n, Inc. v. State, 12-1471 (La. 1/29/13), 107 So.3d 583. The Louisiana Supreme Court held that "committee or subcommittee" in La. R.S. 42:13(A)(3) refers to a committee formed by a public body itself.

Distinguished prior opinion. La. Atty. Gen. Op. No. 19-0145 applied the private-advisory exemption to an Ethics Review Board awards-working-group made up of uncompensated private citizens who served only in an advisory capacity. The AG distinguished that situation from LEPCs because LEPCs are not purely advisory and include public officials.

Liz Murrill is the Attorney General of Louisiana. Chimène St. Amant signed the opinion as Assistant Attorney General.

Citations and references

Statutes:

• La. R.S. 42:11 et seq. (Open Meetings Law)
• La. R.S. 42:12 (public policy)
• La. R.S. 42:13(A)(3) (definition of public body)
• La. R.S. 42:14 (meetings open to the public)
• La. R.S. 42:17(D) (exemption for private citizens' advisory committees)
• La. R.S. 42:19 (notice of meetings)
• La. R.S. 42:20 (minutes)
• La. R.S. 30:2361 et seq. (Hazardous Materials Information Development, Preparedness, and Response Act)
• La. R.S. 30:2362(A) (public's right to know)
• La. R.S. 30:2378 (open meetings and APA compliance)

Federal statutes:

• 42 U.S.C. § 11001 (EPCRA, state commissions and planning)
• 42 U.S.C. § 11003 (emergency planning by LEPCs)
• 42 U.S.C. § 11004 (emergency notification of releases)

Constitutional provisions:

• La. Const. art. XII, § 3 (right to observe deliberations of public bodies)

Cases:

• Louisiana High Sch. Athletics Ass'n, Inc. v. State, 12-1471 (La. 1/29/13), 107 So.3d 583, 606

Distinguished prior opinion:

• La. Atty. Gen. Op. No. 19-0145 (Ethics Review Board awards working group)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0025

Original opinion text

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA 70804-9005

LIZ MURRILL
ATTORNEY GENERAL

July 3, 2025

OPINION 25-0025

90-B4 PUBLIC MEETINGS — State & Local Governing Bodies
Honorable Les Farnum
Representative District 33
La. R.S. 42:11, et seq.
La. R.S. 30:2361, et seq.
P.O. Box 558
Sulphur, Louisiana 70664

Local Emergency Planning Committees are public bodies subject to the Open Meetings Law.

Dear Representative Farnum:

You have requested an opinion concerning whether Local Emergency Planning Committees, which were established by the federal Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11001, et seq., are required to conduct their meetings in accordance with Louisiana's Open Meetings Law, La. R.S. 42:11, et seq.

Question: Are Local Emergency Planning Committees (LEPCs) required to conduct their meetings in accordance with the Open Meetings Law, or are they considered private citizens' advisory groups or committees and therefore exempt from that law's requirements?

Conclusion: LEPCs are subject to the Open Meetings Law because they meet the statutory definition of public bodies, and they do not fall under the category of private citizens' advisory committees.

Background

The EPCRA's purpose is to help communities plan for chemical and hazardous material emergencies.¹ This federal law requires the governor of each state to appoint a State Emergency Response Commission (SERC).² In turn, the SERC is required to designate emergency planning districts, as well as appoint a LEPC for each district.³

1 https://www.epa.gov/epcra

2 42 U.S.C. 11001.

3 42 U.S.C. 11001.

At a minimum, LEPCs must be composed of elected state and local officials; police, fire, civil defense, and public health professionals; environment, transportation, and hospital officials; representatives of facilities subject to the EPCRA; representatives from community groups and the media.⁴ LEPCs are required to develop an emergency response plan with stakeholder participation, review the plan at least annually, and provide information about chemicals in the community to citizens.⁵ In addition, each LEPC is required to appoint a chairperson and establish rules by which the LEPC shall function. These rules must include provisions for public notification of LEPC activities, public meetings to discuss the emergency plan, public comments, response to such comments by the LEPC, and distribution of the emergency plan.

4 42 U.S.C. 11001(c).

5 https://www.epa.gov/epcra/local-emergency-planning-committees

To implement the EPCRA's requirements, the Louisiana Legislature passed the Hazardous Materials Information Development, Preparedness, and Response Act (Right-to-Know Law), La. R.S. 30:2361, et seq. In Section 2362 of the Right-to-Know Law, entitled "Declaration of policy and purpose," the Legislature stated, in pertinent part:

The legislature hereby adopts as a policy that the citizens of this state have the right and responsibility to know about and protect themselves from the risks and effects of hazardous materials in their environment. Inherent in the public's right to know is the public's need to know that state and local agencies have the information to both respond to their inquiries and to protect them...

La. R.S. 30:2362(A).

In addition, the Right-to-Know Law specifically provides that, "[a]ll proceedings conducted under this Chapter and all rules and regulations adopted pursuant to this Chapter shall be conducted or adopted in accordance with the Administrative Procedure Act and the Open Meetings Law." La. R.S. 30:2378 (emphasis added). You question whether this provision requires LEPCs to conduct their meetings in accordance with the Open Meetings Law because the Right-to-Know Law primarily dictates the SERC's duties and responsibilities and provides little to no detail concerning LEPCs. As you note, however, the argument exists that LEPC meetings are conducted "under this Chapter [the Right-to-Know Law]" because the creation of LEPCs and their activities are subject to the Chapter.

Regardless, pursuant to the Open Meetings Law, meetings of "public bodies" are to be open to the public unless closed pursuant to legislatively determined exceptions. La. R.S. 42:14. The Legislature provided the public policy for open meetings, as follows:

It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy. Toward this end, the provisions of [the Open Meetings Law] shall be construed liberally.

La. R.S. 42:12.⁶

6 See also La. Const. art. XII, § 3 (“No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.”).

For purposes of the Open Meetings Law, a "public body" is defined as:

[V]illage, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph.

La. R.S. 42:13(A)(3) (emphasis added). LEPCs meet this definition in two ways. First, the phrase "committee or subcommittee of any of these bodies" refers to a committee formed by a public body itself. Louisiana High Sch. Athletics Ass'n, Inc. v. State, 12-1471 (La. 1/29/13), 107 So.3d 583, 606. Here, LEPCs are committees appointed by the SERC, which is a state commission (i.e., a public body). Thus, it is the opinion of this office that LEPCs are committees formed by a public body and, therefore, are public bodies under La. R.S. 42:13(A)(3).

Second, independent of LEPCs' connection to the SERC, it is the opinion of this office that LEPCs meet the definition of "public body" because they possess policy making, advisory, and administrative functions. Specifically, LEPCs are required to prepare an emergency plan and review the plan at least once a year. 42 U.S.C. 11003(a). LEPCs are also required to evaluate the need for resources necessary to develop, implement, and exercise the emergency plan, as well as make recommendations with respect to the additional resources required and the means for providing the additional resources. 42 U.S.C. 11003(b).

In addition, each emergency plan prepared by LEPCs must include, but is not limited to, each of the following:

(1) Identification of facilities subject to the requirements of this subchapter that are within the emergency planning district, identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances referred to in section 11002(a) of this title, and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of this subchapter, such as hospitals or natural gas facilities.

(2) Methods and procedures to be followed by facility owners and operators and local emergency and medical personnel to respond to any release of such substances.

(3) Designation of a community emergency coordinator and facility emergency coordinators, who shall make determinations necessary to implement the plan.

(4) Procedures providing reliable, effective, and timely notification by the facility emergency coordinators and the community emergency coordinator to persons designated in the emergency plan, and to the public, that a release has occurred (consistent with the emergency notification requirements of section 11004 of this title).

(5) Methods for determining the occurrence of a release, and the area or population likely to be affected by such release.

(6) A description of emergency equipment and facilities in the community and at each facility in the community subject to the requirements of this subchapter, and an identification of the persons responsible for such equipment and facilities.

(7) Evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes.

(8) Training programs, including schedules for training of local emergency response and medical personnel.

(9) Methods and schedules for exercising the emergency plan.

42 U.S.C. 11003(c). These duties establish that LEPCs are special commissions that possess policy-making, advisory, and administrative functions, which meets the definition of "public body" in the Open Meetings Law. See La. R.S. 42:13(A)(3).

As you note in your request, the Open Meetings Law contains an exemption for private citizens' advisory committees. This exemption is set forth in La. R.S. 42:17(D), which states, in pertinent part:

The provisions of R.S. 42:19 and R.S. 42:20 shall not apply to any meeting of a private citizens' advisory group or a private citizens' advisory committee established by a public body, when the members of such group or committee do not receive any compensation and serve only in an advisory capacity.

Your request also refers to La. Atty. Gen. Op. No. 19-0145, in which this office opined that this exemption applied to group of mostly private citizens who served in an advisory capacity to the Ethics Review Board.⁷ Specifically, the Ethics Review Board appointed one board member as a "project leader," who then asked members of the community to join an "awards working group" to discuss potential nominees for the annual ethics awards. After the "awards working group" had discussed the potential nominees, the project leader would provide the group's recommendation to the Ethics Review Board, which retained sole authority to select the award recipient. In short, the members of the "awards working group" were uncompensated private citizens who merely assisted the Ethics Review Board in making award recipient recommendations.

7 This opinion also noted, “it is the advice of this office that such a working group be formally established as a committee by the public body.” La. Atty. Gen. Op. No. 19-0145.

In contrast, LEPC members do not serve in a strictly advisory capacity. As noted, LEPCs have policy making and administrative functions, in addition to their advisory roles. Furthermore, LEPCs are a committee provided for by law in their own right with their own mandated duties. Therefore, it is the opinion of this office that LEPCs are not private citizens' advisory committees.

In conclusion, it is the opinion of this office that LEPCs are public bodies subject to the Open Meetings Law and are not exempt from any of its requirements, as they do not constitute private citizens' advisory committees.

We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:
Chimène St. Amant
Assistant Attorney General

LM: CS