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Regular Session, 2010
HOUSE BILL NO. 1090
BY REPRESENTATIVE DOVE AND SENATOR CHABERT
AN ACT1
To amend and reenact R.S. 30:2459(A) and (D) and 2460(A)(14), R.S. 36:351(B), R.S.2
38:111, 112, 213, 221, and 226, R.S. 39:366.3(1) and 1482(A)(1)(a), R.S.3
41:1701.1(D) and 1702(D)(1), and R.S. 49:214.61(A) and to enact R.S. 39:14(7) and4
R.S. 49:214.5.2(F), 214.6.3(B)(5), and 214.6.10(C), relative to the Office of Coastal5
Protection and Restoration; to provide relative to the role of the Coastal Protection6
and Restoration Authority and the Office of Coastal Protection and Restoration in7
response to oil spills; to provide relative to responsibilities of the office with coastal8
levees; to provide relative to immunity for cooperating landowners; to provide for9
the responsibilities of the office in reclamation of land; to provide certain terms,10
conditions, and procedures; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 30:2459(A) and (D) and 2460(A)(14) are hereby amended and13
reenacted to read as follows:14
§2459. State oil spill contingency plan15
A. The coordinator shall develop and distribute to the public a state oil spill16
contingency plan of response for actual or threatened unauthorized discharges of oil17
and clean up of pollution from such discharges. In addition, the Department of18
Environmental Quality, in cooperation with the coordinator, shall recommend19
provisions of the plan relating to unauthorized discharges of oil. The Department of20
Wildlife and Fisheries, in cooperation with the coordinator, shall recommend21
provisions of the plan providing for protection, rescue, and rehabilitation of aquatic22
life and wildlife and appropriate habitats on which they depend under its jurisdiction.23
The director of the Office of Coastal Protection and Restoration, in cooperation with24 ENROLLEDHB NO. 1090
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the coordinator, shall recommend provisions of the plan for providing for the1
protection and restoration of the coastal areas of the state. The Department of2
Natural Resources, in cooperation with the coordinator, shall recommend provisions3
of the plan providing for protection and rehabilitation of appropriate resources under4
its jurisdiction. The Department of Public Safety and Corrections, in cooperation5
with the coordinator, shall recommend provisions of the plan providing for6
emergency response coordination to protect life and property, excluding prevention,7
abatement, containment, and removal of pollution from an unauthorized discharge.8
* * *9
D. Prior to adopting the state oil spill contingency plan, the coordinator shall10
adopt a fully delineated inland boundary for coastal waters as defined in this Chapter,11
which boundary shall be based upon data provided by, including but not limited to12
the United States Army Corps of Engineers, United States Department of the13
Interior, Minerals Management Service, the Coastal Protection and Restoration14
Authority, the Louisiana Department of Natural Resources, and the oil and gas15
industry. The coordinator shall be authorized to amend the boundary by rule as16
conditions may warrant. The boundary, as adopted, shall be clearly marked on large17
scale maps or charts, official copies of which shall be available for public inspection18
in the Office of Coastal Protection and Restoration, the office of coastal restoration19
and management in the Department of Natural Resources, in each agency comprising20
the interagency council, and in the parish seat of each parish located within the21
boundary.22
§2460. Contingency plan provisions 23
A. The plan shall include all of the following: 24
* * *25
(14) Procedures established in cooperation with the Department of26
Environmental Quality, Department of Wildlife and Fisheries, the Coastal Protection27
and Restoration Authority, and Department of Natural Resources for assessment of28
natural resources damages and plans for mitigation of damage to and restoration,29
protection, rehabilitation, or replacement of damaged natural resources. Pursuant to30 ENROLLEDHB NO. 1090
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R.S. 49:214.1 et seq., the Coastal Protection and Restoration Authority is responsible1
for integrated coastal protection in the coastal area of the state, therefore, the Coastal2
Protection and Restoration Authority and the Office of Coastal Protection and3
Restoration shall assist the coordinator in a primary role in assessing natural resource4
damages in the coastal area.5
* * *6
Section 2. R.S.36:351(B) is hereby amended and reenacted to read as follows:7
§351. Department of Natural Resources; creation, domicile; composition; purposes8
and functions9
* * *10
B. The Department of Natural Resources, through its offices and officers,11
shall be responsible for the conservation, management, and development of water,12
minerals, and other such natural resources of the state, including coastal restoration13
and management, except timber and fish and wildlife and their habitats.14
* * *15
Section 3. R.S. 38:111, 112, 213, 221, and 226 are hereby amended and reenacted16
to read as follows:17
§111. Contracts by drainage districts, levee boards, and political subdivisions with18
Department of Public Works or the Office of Coastal Protection and19
Restoration20
Any drainage or subdrainage district, gravity drainage, or gravity subdrainage21
district, levee board, or political subdivision may contract with the Department of22
Public Works or, for projects in the coastal area as defined in R.S. 49:214.2(3), the23
Office of Coastal Protection and Restoration, upon any terms for the payment of the24
cost of the drainage and reclamation projects within the confines of the district or25
districts involved proportionately by the Department of Public Works, or the Office26
of Coastal Protection and Restoration, and the districts as may be agreed upon27
between the Department of Public Works, or the Office of Coastal Protection and28
Restoration, and the governing authorities of the districts entering into any contract.29 ENROLLEDHB NO. 1090
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§112. Cooperation with federal government and State state of Mississippi in1
building levees 2
By and with the concurrence and approval of the local levee authorities in3
interest in Louisiana, and of the Department of Public Works, or, for levees in the4
coastal area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and5
Restoration, the state of Mississippi and the United States Government, or either of6
them, jointly or severally, may construct and have entire charge and control of, both7
in construction and maintenance, and for protection and preservation, all levees8
which may be deemed necessary by the grantees, or by either of them, for protection9
against overflow from the Mississippi River, through and over all parts of the State10
state of Louisiana which by the changes of the channel of the Mississippi River have11
been separated from other parts of the state of Louisiana, and which are now on the12
east side of the present channel of the river, and attached to the mainland of the state13
of Mississippi. The levees shall be of the dimensions and shall be located, and built14
from adjacent soil, along the lines, and for the distances, determined by the engineers15
in charge of levee construction either for the United States or for the State state of16
Mississippi, or for both.17
* * *18
§213. Riding or hauling on levees prohibited19
A. No person shall ride, drive, or haul upon the public levees or integrated20
coastal protection projects except where, in the judgment of the levee commissioners21
of a district and the Department of Public Works, or, for levees or integrated coastal22
protection projects in the coastal area as defined in R.S. 49:214.2(3), the Office of23
Coastal Protection and Restoration, ample provision has been made to guard against24
any damage to which the levees or integrated coastal protection projects may thereby25
be exposed from wear, tear, and abuse.26
B. Whoever violates this Section shall be fined not more than fifty dollars27
or imprisoned for not more than thirty days, or both.28 ENROLLEDHB NO. 1090
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C. This Section shall not be construed to restrict the proper officers of the1
state or of any levee district or parish while in the performance of duty in inspecting,2
guarding, or repairing the levees or integrated coastal protection projects.3
D. Nothing in this Section shall interfere with the crossing over any public4
levees, at ramps or inclines established under plans and specifications of the5
Department of Public Works, or, for levees or integrated coastal protection projects6
in the coastal area as defined in R.S. 49:214.2(3), the Office of Coastal Protection7
and Restoration, for the purpose of transporting any material that may be used or8
required in the business of the population living behind the levees.9
* * *10
§221. Rice-flumes, dahls, or pipes in public levees prohibited11
A. No person shall place in, through, or under any public levee any rice-12
flume, dahl, pipe, or other conduit or, after due notification by the levee board or13
governing authority of the parish, shall fail to remove from the public levee any rice-14
flume, dahl, pipe, or other conduit that may at such date exist.15
B. Whoever violates this Section shall be fined not more than five hundred16
dollars or imprisoned for not more than sixty days, or both.17
C. For each conviction under this Section the district attorney prosecuting18
shall receive a fee of fifteen dollars.19
D. The provisions of this Section shall not be applicable to levees on the20
Mississippi River not embraced within the limits of the Fifth Louisiana, the21
Atchafalaya Basin, the Lafourche Basin, the Grand Prairie, the Buras, and the22
Orleans Levee Districts.23
E. The provisions of this Section shall not apply to pipes or other conduits24
placed through or under the public levees in New Orleans, or in municipalities or25
parishes when and where needed for the purpose of sewerage, gas, or for furnishing26
gas or electricity for the use of the cities, municipalities, or parishes and their27
inhabitants.28 ENROLLEDHB NO. 1090
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F. The laying of such pipes through or under the public levees in cities,1
municipalities, or parishes shall be with the consent and approval of the levee board,2
the Department of Public Works, for levees in the coastal area as defined in R.S.3
49:214.2(3), the Office of Coastal Protection and Restoration, and the governing4
authorities of the cities, municipalities, or parishes and under the supervision of the5
Department of Public Works, or the Office of Coastal Protection and Restoration.6
G. This Section shall not apply to locks connecting navigation canals with7
the Mississippi River.8
* * *9
§226. Permits for levee crossings10
If an appointed board or commission having jurisdiction over levees receives11
letters of no objection from the United States Army Corps of Engineers and the12
Louisiana Department of Transportation and Development, office of public works,13
or, for levees in the coastal area as defined in R.S. 49:214.2(3), the Office of Coastal14
Protection and Restoration, in response to a request to the board or commission for15
a permit or letter of no objection to a levee crossing or a request to renew or transfer16
an existing permit, it shall be incumbent upon and a ministerial duty of the executive17
or administrative officer to issue the requested permit or letter of no objection to the18
crossing, subject to any conditions or stipulations contained in the letters received19
from the United States Army Corps of Engineers and the Louisiana Department of20
Transportation and Development, office of public works or, for levees in the coastal21
area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and Restoration.22
The board or commission may impose customary fees, bonds, and other general23
stipulations. The executive or administrative officer shall enforce such permits for24
levee crossings only to the extent of the conditions and stipulations contained in the25
permit or letter of no objection.26 ENROLLEDHB NO. 1090
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Section 4. R.S. 39:366.3(1) and 1482(A)(1)(a) are hereby amended and reenacted1
and R.S. 39:14(7) is hereby enacted to read as follows:2
§14. Exceptions3
The following shall not be subject to the provision of R.S. 39:11 and 12 but4
shall be subject to the provisions of R.S. 39:13:5
* * *6
(7) Any interest in immovable property, with the exception of the acquisition7
of full ownership, including but not limited to temporary easements, rights-of-way,8
rights-of-entry, predial servitudes, and personal servitudes acquired by the state for9
the purposes of integrated coastal protection as defined in R.S. 49:214.2(4).10
* * *11
§366.3. Definitions12
In this Part, the following words and terms shall have the meanings ascribed13
in this Section unless the context clearly requires otherwise:14
(1) "Cooperative endeavor" means any agreement including one of15
cooperative financing, other than a competitive bid or competitively negotiated16
contract, whether contracted pursuant to Chapter 10 of Title 38 or Chapter 16 or 1717
of Title 39 of the Louisiana Revised Statutes of 1950 or pursuant to a request for18
proposals, request for qualifications, solicitation for offers, or other recognized19
process for competitively seeking qualified contractors, to which the state is a party20
and pursuant to which the state has obligated state resources, whether funds, credit,21
property, or things of value of the state to a nonpublic person for the accomplishment22
of a public purpose or in the public interest, but shall not include projects contained23
in the comprehensive state capital outlay budget, projects pursuant to the Governor's24
Economic Development Rapid Response Program, and coastal restoration projects25
administered by the Department of Natural Resources integrated coastal protection26
programs and projects authorized in the annual coastal protection and restoration27
plan and administered by the Office of Coastal Protection and Restoration.28
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§1482. Application of the Chapter1
A. Except as otherwise provided herein, this Chapter shall apply to every2
expenditure of public funds in excess of two thousand dollars by the executive3
branch of this state for professional, personal, consulting, and social services4
procurement. However, this Chapter shall not apply to the following procurements:5
(1)(a) Professional services for engineering design contracts, construction6
contracts, or contracts for surveying pertaining to the maintenance and construction7
of roads and bridges, flood control, integrated coastal protection, aviation, public8
transportation, or public works entered into by the Department of Transportation and9
Development as provided in Part XIII-A of Chapter 1 of Title 48 of the Louisiana10
Revised Statutes of 1950.11
* * *12
Section 5. R.S. 41:1701.1(D) and 1702(D)(1) are hereby amended and reenacted to13
read as follows:14
§1701.1. State Land Office; powers, duties, functions, and responsibilities15
* * *16
D. The State Land Office shall identify all public lands and water bottoms17
within the state and develop and maintain a current master list of those lands and18
water bottoms. All state agencies, including but not limited to Department of19
Culture, Recreation and Tourism, the Department of Natural Resources, the Office20
of Coastal Protection and Restoration, the Department of Wildlife and Fisheries, the21
Department of Transportation and Development, the Louisiana Geological Survey,22
the state's colleges and universities, all levee boards, drainage boards, parish23
governing authorities, and any districts created under the jurisdiction of levee boards,24
drainage boards, or parish governing authorities, shall cooperate with the State Land25
Office in developing the master list.26
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§1702. Reclamation of lands lost through erosion, compaction, subsidence, and sea1
level rise; land acquisition for certain coastal projects; requirements2
* * *3
D. In all cases in which a definitive boundary may be arrived at by mutual4
consent or through the procedures applicable to contested boundaries, the5
administrator of the State Land Office, as provided in Paragraph (1) of this6
Subsection, or the secretary of the Department of Natural Resources, as provided in7
Paragraph (2) of this Subsection, may allow reclamation.8
(1) The administrator of the State Land Office may issue a permit for the9
carrying out of the work necessary to implement the recovery of the land lost through10
erosion, compaction, subsidence, or sea level rise; however, no such permit shall be11
issued until plans and specifications for such work have been first submitted to the12
governing authority of the parish in which the proposed project is located, the13
Department of Transportation and Development, the Department of Wildlife and14
Fisheries, the Office of Coastal Protection and Restoration, and the Department of15
Natural Resources for review and comment not less than sixty days prior to the16
issuance of such permit. No permit shall be required for projects to facilitate the17
development, design, engineering, implementation, operation, maintenance, or repair18
of coastal or barrier island restoration projects by the Department of Natural19
Resources Office of Coastal Protection and Restoration under R.S. 49:214.1 et seq.20
or other applicable law or projects for the Atchafalaya Basin Program. Within sixty21
days of completion of the reclamation project, the riparian owner shall submit to the22
State Land Office proof of the extent of the land area actually reclaimed in the23
manner provided in Subsection C of this Section for showing the submerged area,24
which map or plat shall be employed for fixing the definitive boundary between the25
reclaimed land area and the state water bottoms. Permits issued pursuant to these26
provisions shall be effective for a period not to exceed two years from the date of27
issuance and shall thereupon expire. All work remaining or any additional work may28
be completed only by application in the manner provided by this Section.29
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Section 6. R.S. 49:214.61(A) is hereby amended and reenacted and R.S.1
49:214.5.2(F), 214.6.3(B)(5), and 214.6.10(C) are hereby enacted to read as follows:2
§214.5.2. Functions and responsibilities; Coastal Protection and Restoration3
Authority4
* * *5
F. Notwithstanding any law to the contrary, upon approval by the authority,6
the state, or any political subdivision thereof, may use its own employees or7
equipment for satisfying any mitigation requirements resulting from or related to an8
integrated coastal protection project.9
* * *10
§214.6.3. Functions and responsibilities; hurricane protection and flood control11
* * *12
B. Office of Coastal Protection and Restoration duties and responsibilities13
regarding hurricane protection and flood control:14
* * *15
(5) No funds of the state nor of any political subdivision or political16
corporation of the state shall be used nor provided to the United States or any of its17
agencies, by contract, agreement, a required contribution of a project cost-share or18
otherwise, for the expropriation of property for the purpose of compensatory19
mitigation of wetlands or other natural habitat, as authorized or required by state or20
federal law, to offset, compensate, or replace actual or anticipated damages to or loss21
of wetlands or other natural habitat caused by the Comite River Diversion Project,22
Amite River and Tributaries, Louisiana. However, the provisions of this Section23
shall not apply where such funds are to be used to obtain property voluntarily offered24
for compensatory mitigation purposes, including but not limited to mitigation25
banking.26
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§214.6.10. Hold Harmless and cooperative landowner immunity1
* * *2
C. Landowners or persons holding an interest in property who, without cost3
to the state or its political subdivisions, provide the land, property, access rights,4
servitudes, easements, or other property interests necessary for a project conducted5
pursuant to the authority of R.S. 49:214.5.2(A)(7), shall be immune from premise6
liability, loss, damage, or injury to any third party resulting from or caused by the7
construction, operation, or maintenance of that integrated coastal protection project.8
* * *9
§214.61. Department of Natural Resources Office of Coastal Protection and10
Restoration; acquisition of property prior to judgment; definitions11
A. When the state Department of Natural Resources Office of Coastal12
Protection and Restoration cannot amicably acquire property in the coastal zone13
needed for barrier island preservation, restoration, or creation for coastal wetlands14
purposes, it may acquire the same by expropriation and may acquire the property15
prior to judgment in the trial court as provided in this Part.16
* * *17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: