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Regular Session, 2010
SENATE BILL NO. 693
BY SENATOR MORRISH
LEVEES. Creates the Chenier Plain Coastal Restoration and Protection Authority.
(8/15/10)
AN ACT1
To enact R.S. 38:291(AA) and 329.5, relative to levee districts; to create the Chenier Plain2
Coastal Restoration and Protection Authority; to provide for its boundaries and3
membership; to provide for the powers, functions and duties of the board of4
commissioners; to provide terms, conditions, and requirements; and to provide for5
related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:291(AA) and 329.5 are hereby enacted to read as follows: 9
ยง291. Naming; limits of districts; composition of boards10
* * *11
AA. Chenier Plain Coastal Restoration and Protection Authority.12
(1) All of the lands in the parishes of Calcasieu, Cameron, and Vermilion13
shall be embraced in the limits of a levee district to be known as the Chenier14
Plain Coastal Restoration and Protection Authority. These lands and all15
property thereon situated, not exempt from taxation, shall be subject to the16
provisions of this Chapter.17 SB NO. 693
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(2) The governor shall appoint, subject to Senate confirmation, nine1
persons to serve as commissioners as follows:2
(a) The president of Calcasieu Parish shall submit a list of six3
nominations, subject to ratification by the governing authority of Calcasieu4
Parish, and the governor shall appoint three members from the list.5
(b) The president of Cameron Parish shall submit a list of six6
nominations, subject to ratification by the governing authority of Cameron7
Parish, and the governor shall appoint three members from the list.8
(c) The president of Vermilion Parish shall submit a list of six9
nominations, subject to ratification by the governing authority of Vermilion10
Parish, and the governor shall appoint three members from the list.11
(3) A vacancy created whether by reason of death, resignation,12
expiration of term, or any other cause of a member of the board of13
commissioners shall be filled in the same manner as provided in Paragraph (2)14
of this Subsection.15
(4) Any person appointed a commissioner shall have resided in this state16
the preceding two years, reside and be a qualified voter in the parish from17
where nominated, and reside in the parish while serving as a member of the18
board.19
(5) At least one member from each parish shall be either an engineer,20
or a professional in a related field such as geotechnical, hydrological, or21
environmental science.22
* * *23
329.5. Chenier Plain Coastal Restoration and Protection Authority; powers24
and duties25
A.(1) The Chenier Plain Coastal Restoration and Protection Authority26
("authority") shall constitute a political subdivision of the state of Louisiana27
within the meaning of Article VI, Section 44 of the Constitution of Louisiana,28
and is hereby granted the power to issue bonds and to levy property taxes for29 SB NO. 693
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the payment of principal and interest thereon as provided in this Subsection.1
(2) The authority may levy property taxes, incur debt, and otherwise2
raise revenue as provided in Article VI, Sections 39 and 40 of the Constitution3
of Louisiana and in any manner provided by law for levee districts.4
(3) The authority may issue general obligation bonds as defined in5
Article VI, Section 33 of the Constitution of Louisiana in the manner set forth6
in R.S. 39:551 et seq.7
B. The authority shall have all the rights and powers conferred by8
Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, as amended,9
together with such additional rights and powers as may be granted by the10
legislature.11
C.(1) The management and control of the authority shall be vested in the12
board of commissioners of the Chenier Plain Coastal Restoration and13
Protection Authority. In addition to any other powers and duties provided by14
law, the primary duty of the board shall be to establish, construct, operate, or15
maintain flood control works as they relate to hurricane protection, tidewater16
flooding, saltwater intrusion, and conservation. As a secondary duty, the board17
shall have the power to establish flood control, adequate drainage relating to18
tidal or riverine flooding, and water resources development including but not19
limited to construction of reservoirs, diversion canals, gravity and pump20
drainage systems, erosion control measures, and marsh management.21
(2) The board shall elect a president who shall serve for a two year term.22
The office of president shall be rotated among the parishes so that a23
representative from each parish shall serve as president during every six year24
period.25
(3) The board may establish one or more advisory commissions to26
provide a venue for input from the broad range of persons and groups who may27
participate in and assist the board in the performance of its powers and duties.28
An advisory commission shall be composed of equal representation from each29 SB NO. 693
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parish.1
D.(1) The board may enter into contracts and agreements of any nature2
for the purposes of this Chapter with any person or persons, corporation,3
association, or other entity, including public corporations, port authorities, the4
state and agencies thereof, levee districts, parishes, other political subdivisions,5
the United States government and agencies thereof, or any combination thereof,6
or with instrumentalities of any kind to carry out the purposes of and the7
powers granted in this Chapter.8
(2) In seeking requests for proposals for professional engineering9
services, the board shall make every effort to utilize various engineering10
companies located within the parishes of Calcasieu, Cameron, or Vermilion.11
E. The board may enter into contracts or other agreements with any12
person or entity concerning the providing of lands, servitudes, rights-of-way,13
and relocations, and may engage jointly in the exercise of any power to include14
the construction, operation, and maintenance of any facilities and15
improvements for the purpose of the projects under this Chapter.16
F. The board shall have the power to construct and maintain drainage17
works of all types as they relate to tidewater flooding, hurricane protection,18
conservation, and saltwater intrusion, either in cooperation with one or more19
parishes, municipalities, drainage districts, or other special districts within its20
jurisdiction, or upon its own undertaking.21
G. The board may buy and sell property, make and execute all contracts,22
and perform any and all things necessary to carry out the objects of this23
Chapter, subject to the limitations and duties provided in this Section.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Morrish (SB 693)
Proposed law creates the Chenier Plain Coastal Restoration and Protection Authority
("authority"). Further provides that the boundaries of the authority will encompass all of the
lands in the parishes of Calcasieu, Cameron, and Vermilion. SB NO. 693
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the governor will appoint, subject to Senate confirmation, 9
persons to serve as commissioners as follows:
(a)The president of Calcasieu Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Calcasieu Parish, and the governor will
appoint 3 members from the list.
(b)The president of Cameron Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Cameron Parish, and the governor will
appoint 3 members from the list.
(c)The president of Vermilion Parish will submit a list of 6 nominations, subject to
ratification by the governing authority of Vermilion Parish, and the governor will
appoint 3 members from the list.
Proposed law provides that a vacancy created whether by reason of death, resignation,
expiration of term, or any other cause of a member of the board of commissioners will be
filled in the same manner as provided in proposed law .
Proposed law requires that any person appointed a commissioner will have resided in this
state the preceding 2 years, reside and be a qualified voter in the parish from where
nominated, and reside in the parish while serving as a member of the board.
Proposed law provides that at least one member from each parish shall be either an engineer,
or a professional in a related field such as geotechnical, hydrological, or environmental
science.
Proposed law provides that the board of commissioners shall elect a president who shall
serve for a two year term. The office of president shall be rotated among the parishes so that
a representative from each parish shall serve as president during every six year period.
Proposed law provides that the authority will constitute a political subdivision of the state
of Louisiana within the meaning of Article VI, Section 44 of the Constitution of Louisiana,
and is hereby granted the power to issue bonds and to levy property taxes for the payment
of principal and interest thereon as provided in proposed law.
Proposed law allows the authority to levy property taxes, incur debt, and otherwise raise
revenue as provided in Article VI, Sections 39 and 40 of the Constitution of Louisiana and
in any manner provided by law for levee districts.
Proposed law allows the authority to issue general obligation bonds as defined in Article VI,
Section 33 of the Constitution of Louisiana in the manner set forth in present law, and to
issue sales tax revenue bonds as provided for in present law.
Proposed law grants the authority all the rights and powers conferred by Chapter 4 of Title
38 of the Louisiana Revised Statutes of 1950, as amended, together with such additional
rights and powers as may be granted by the legislature.
Proposed law provides that the management and control of the authority will be vested in
the board of commissioners. Further provides that the primary duty of the board will be to
establish, construct, operate, or maintain flood control works as they relate to hurricane
protection, tidewater flooding, saltwater intrusion, and conservation. Also provides that the
secondary duty of the board will be to establish flood control, adequate drainage relating to
tidal or riverine flooding, and water resources development including but not limited to
construction of reservoirs, diversion canals, gravity and pump drainage systems, erosion
control measures, and marsh management.
Proposed law allows the board to establish one or more advisory commissions, composed SB NO. 693
SLS 10RS-70 ENGROSSED
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of equal representation from each parish, to provide a venue for input from the broad range
of persons and groups who may participate in and assist the board in the performance of its
powers and duties.
Proposed law allows the board to enter into contracts and agreements of any nature for the
purposes of present law or proposed law with any person or persons, corporation,
association, or other entity, including public corporations, port authorities, the state and
agencies thereof, levee districts, parishes, other political subdivisions, the United States
government and agencies thereof, or any combination thereof, or with instrumentalities of
any kind.
Proposed law provides that in seeking requests for proposals for professional engineering
services, the board will make every effort to utilize various engineering companies located
within the parishes of Calcasieu, Cameron, or Vermilion.
Proposed law allows the board to enter into contracts or other agreements with any person
or entity concerning the providing of lands, servitudes, rights-of-way, and relocations, and
may engage jointly in the exercise of any power to include the construction, operation, and
maintenance of any facilities and improvements for the purpose of the projects under present
law and proposed law.
Proposed law grants the board power to construct and maintain drainage works of all types
as they relate to tidewater flooding, hurricane protection, conservation, and saltwater
intrusion, either in cooperation with one or more parishes, municipalities, drainage districts,
or other special districts within its jurisdiction, or upon its own undertaking.
Proposed law allows the board to buy and sell property, make and execute all contracts, and
perform any and all things necessary to carry out the objects of present law or proposed law.
Effective August 15, 2010.
(Adds R.S. 38:291(AA) and 329.5)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill.
1. Deleted parishes of Acadia and Jefferson Davis.
2. Deleted authorization to levy sales and use tax.
3. Specified tax that may be levied as property tax.
4. Provided that at least one member from each parish shall be engineer or
professional in a related field.
5. Provided relative to president of board.
6. Provided that advisory commissions shall have equal representation from
each parish.