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Regular Session, 2010
HOUSE BILL NO. 780
BY REPRESENTATIVE CORTEZ
DISTRICTS/SPECIAL: Provides relative to the Broussard Environmental Service and
Enhancement District
AN ACT1
To amend and reenact R.S. 33:4065.11 and 4065.13(B), relative to the Broussard2
Environmental Service and Enhancement District; to provide relative to the powers3
and duties of the district; to provide relative to the district's authority to enter into4
contracts outside of the corporate limits of the city of Broussard; to provide relative5
to notice requirements with respect to such contracts; and to provide for related6
matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 33:4065.11 and 4065.13(B) are hereby amended and reenacted to12
read as follows: 13
§4065.11. Creation; purpose14
A. The Broussard Environmental Service and Enhancement District,15
hereinafter in this Subpart referred to in this Subpart as the "district", is hereby16
created as a political subdivision of the state, with the power to sue and be sued in17
its corporate name. The district is intended for the protection, enhancement, and18
development of the environment, and for performing research and educational19
projects related thereto. These purposes may be carried out through the treatment,20 HLS 10RS-1160 ORIGINAL
HB NO. 780
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processing, and recycling of sewerage sewage, through the provision and/or1
supervision of related environmental services or through such other methods as it2
may choose. The district may construct, purchase, own, maintain, operate and3
improve sewerage sewage treatment facilities, and undertake other environmental4
protection, enhancement, and development projects as further provided in this5
Subpart. In addition to the other powers specifically granted, the district shall be6
authorized to exercise all powers and functions granted in a sewerage district as7
provided in the Constitution of Louisiana, and shall specifically be authorized to8
supervise construction of facilities consistent with its purposes.9
B. Notwithstanding any other provision herein to the contrary, the district10
may not, without prior approval of the Lafayette Parish Consolidated Government,11
contract to provide sewerage collection, disposal, or treatment services with any12
person other than the city of Broussard, or any entity located within the corporate13
limits of the city of Broussard.14
* * *15
§4065.13. Powers of the district16
* * *17
B.(1) It is not the intention that the district shall provide sewage collection,18
disposal, or treatment services directly to consumers, but rather that the district shall19
contract with such public bodies or private entities as it deems appropriate to provide20
for the receipt, treatment, and disposal of sewage from said public bodies or private21
entities.22
(2) Notwithstanding any other provision of law to the contrary, the district23
shall not enter into a contract to provide for the receipt, treatment, and disposal of24
sewage from any public body or private entity that is located more than ten miles25
outside of the corporate limits of the city of Broussard.26
(3)(a) At least thirty days prior to entering into a contract to provide for the27
receipt, treatment, and disposal of sewage from any public body or private entity that28
is located outside of the corporate limits of the city of Broussard, the district shall29 HLS 10RS-1160 ORIGINAL
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publish once in the official journal of the parish of Lafayette, a notice of intention1
to enter into any such contract. The district shall also notify Lafayette Utilities2
System, by certified letter, of its intention to enter into any such contract at least3
thirty days prior to entering the contract.4
(b) The district may, by resolution, provide for notice requirements in5
addition to the requirements specified in this Paragraph.6
* * *7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative 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)]
Cortez HB No. 780
Abstract: Provides relative to the authority granted to the Broussard Environmental Service
and Enhancement District to enter into contracts for service outside of the corporate
limits of the city of Broussard.
Present law creates the Broussard Environmental Services and Enhancement District as a
political subdivision of the state for the protection, enhancement, and development of the
environment and for performing research and educational projects related thereto. Provides
that the purposes of the district may be carried out through the treatment, processing, and
recycling of sewage, through the provision and/or supervision of related environmental
services or through such other methods as it may choose. Provides for the powers and duties
of the district, including to construct, purchase, own, maintain, operate and improve sewage
treatment facilities, and undertake other environmental protection, enhancement, and
development projects as provided in present law. Provides that the district shall be governed
by a board of eight members, including the mayor of the city of Broussard, six members
appointed by the governing authority of the city, and one designee appointed by Bayou
Livestock, Inc., or its successor.
Proposed law retains present law.
Present law authorizes the district to contract with such public bodies or private entities as
it deems appropriate to provide for the receipt, treatment, and disposal of sewage from the
public bodies or private entities. Provides however, that the district may not, without prior
approval of the Lafayette Parish Consolidated Government, contract to provide sewage
collection, disposal, or treatment services with any person other than the city of Broussard,
or any entity located within the corporate limits of the city of Broussard. HLS 10RS-1160 ORIGINAL
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Proposed law removes provision that requires the district to receive the approval of the
Lafayette Parish Consolidated Government prior to entering into contracts with public or
private entities outside the corporate limits of the city of Broussard. Provides however, that
the district shall not enter into any such contract for receipt, treatment, or disposal of sewage
from a public body or private entity that is located more than 10 miles outside of the
corporate limits of the city of Broussard.
Proposed law requires the district, at least 30 days prior to entering a contract with a public
body or private entity located outside the corporate limits of the city, to publish once in the
official journal of Lafayette Parish, a notice of intention to enter into any such contract.
Additionally requires the district to notify Lafayette Utilities System, by certified letter, of
its intention to enter into any such contract at least 30 days prior to entering the contract.
Authorizes the district to, by resolution of its members, provide for additional notice
requirements.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4065.11 and 4065.13(B))