HB 864 — HIGHWAYS: Authorizes municipalities to establish fire limits and to prohibit the storage, placement, accumulation, abandonment, or use of certain materials within the right-of-way of certain public structures

HLSENROLLED 26RS-1048 REENGROSSED Regular Session HOUSE BILL NO.

864 BY REPRESENTATIVE KNOX HIGHWAYS:AN ACT To enact R.S.

Establishes a fire limit to prohibit the storage of flammable materials above ground beneath certain structures owned and operated bythe state or municipality AN ACT To enact R.S.

(3) "Flammable"Flammable" materials" means a material capable of being easilyignitedeasily ignited and burningburningquickly,includingbutnotlimitedtocandles,bonfiresoropenflames,orany quickly, including but not limited to candles, bonfires or open flames, or any other flame-producing devices.

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HLS 26RS-1048 REENGROSSED HB NO.

864 B.

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AnypersonwhowillfullyandknowinglyviolatesthisSectionoranyrule, regulation, or order issued under this Section shallmay be deemedsubject guiltyto a fine of anot misdemeanor,and,uponmore conviction,shallthan besubjectforeachoffensetoafineofnotone morethanonethousanddollarsorimprisonedfornotmorethansixmonths,orboth,thousand dollars for each violation.

NothinginthisSectionshallbeconstruedtoapplytoinfrastructureowned or operated bymember-ownedbymember-ownedelectric electric cooperatives or investor-owned utilities that are regulated by the Public Service Commission or the governing authority of the city of New Orleans.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes2 nopart of the2 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 864 Reengrossed 2026 Regular Session Knox Abstract:

Authorizes any municipality in the state to establish fire limits and prohibit the storage,placement,accumulation,abandonment, or use of flammable,explosive, or combustible materials within the right-of-way of certain public structures.

Proposed law provides for definitions as follows:

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HLS 26RS-1048 REENGROSSED HB NO.

864 (1) "Combustible" means a material capable of producing a usually rapid chemical process that creates heat and usuallylight.

(2) "Explosive" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion.

(3) "Flammablematerials"meansamaterialcapableofbeingeasilyignitedandburning quickly, including but not limited to candles, bonfires or open flames, or any other flame-producing devices.

Proposedlawauthorizesanymunicipalityinthestatetoestablishfirelimitsandprohibit the storage placement, accumulation, abandonment, or use of flammable, explosive, or combustible materials within the right-of-way of a public bridge, overpass, viaduct, or tunnel.

Proposed law provides that anyparish or municipalitymayauthorize the use of flammable, explosive, or combustible materials for events permitted by the parish or municipality, provided the permits or agreements are subject to all state and federal laws and regulations.

Proposed law provides that anyperson who willfully and knowingly violates proposed law or any rule, regulation, or order issued under proposed law shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject for each offense to a fine of not more than $1,000 or imprisoned for not more than six months, or both, for each violation.

Proposed law provides that proposed law shall not be construed to apply to infrastructure owned or operated bymember-owned electric cooperatives or investor-owned utilities that are regulated by the Public Service Commission or the governing authority of the city of New Orleans.

Proposed law provides that nothing in proposed law shall prohibit temporary, attended activity involving approved equipment or materials when the activity is authorized under otherwise applicable law and complies with all applicable state, federal, parish, municipal, fire, health, traffic, public-safety, and right-of-way requirements.

(Adds R.S.

33:4741.1) Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:

1.

Remove authority for a municipality to establish fire limits and to prohibit the storage and use of flammable, explosive, or combustible material above ground withinsixfeetorlessbeneathabridge,overpass,viaduct,ortunnelownedbythe state and operated bythe municipality.

2.

Add a provision that authorizes a municipality to establish fire limits and to prohibit the storage, placement, accumulation, abandonment, or use of flammable,explosive,orcombustiblematerialabovegroundwithintheright-of- way of a public bridge, overpass, viaduct, or tunnel.

3.

Add a provision that provides that a parish mayauthorize the use of flammable, explosive, or combustible materials for events permitted bythe parish.