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Regular Session, 2010 ENROLLED
SENATE BILL NO. 693
BY SENATORS MORRISH AND N. GAUTREAUX AND REPRESENTATI VES
BALDONE, DOVE, GISCLAIR, HARRISON, SAM JONES, PERRY,
RICHARD, GARY SMITH AND ST. GERMAIN
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
(2) The governor shall appoint, subject to Senate confirmation, nine18
persons to serve as commissioners as follows:19
(a) The police jury of Calcasieu Parish shall submit a list of six20
nominations, subject to ratification by the governing authority of Calcasieu21
Parish, and the governor shall appoint three members from the list.22
(b) The police jury of Cameron Parish shall submit a list of six23
nominations, subject to ratification by the governing authority of Cameron24
Parish, and the governor shall appoint three members from the list.25
ACT No. 1008 SB NO. 693 ENROLLED
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(c) The police jury of Vermilion Parish shall submit a list of six1
nominations, subject to ratification by the governing authority of Vermilion2
Parish, and the governor shall appoint three members from the list.3
(3) A vacancy created whether by reason of death, resignation,4
expiration of term, or any other cause of a member of the board of5
commissioners shall be filled in the same manner as provided in Paragraph (2)6
of this Subsection.7
(4) Any person appointed a commissioner shall have resided in this state8
the preceding two years, reside and be a qualified voter in the parish from9
where nominated, and reside in the parish while serving as a member of the10
board.11
(5) At least one member from each parish shall be either an engineer or12
a professional in a related field such as geotechnical, hydrological, or13
environmental science.14
* * *15
329.5. Chenier Plain Coastal Restoration and Protection Authority; powers16
and duties17
A.(1) The Chenier Plain Coastal Restoration and Protection Authority18
("authority") shall constitute a political subdivision of the state of Louisiana19
within the meaning of Article VI, Section 44 of the Constitution of Louisiana,20
and is hereby granted the power to issue bonds and to levy property taxes for21
the payment of principal and interest thereon as provided in this Subsection.22
(2) The authority may levy property taxes, incur debt, and otherwise23
raise revenue as provided in Article VI, Sections 39 and 40 of the Constitution24
of Louisiana and in any manner provided by law for levee districts. No25
property tax shall be levied without a majority vote of the electors in each26
parish within the territorial jurisdiction of the authority.27
(3) The authority may issue general obligation bonds as defined in28
Article VI, Section 33 of the Constitution of Louisiana in the manner set forth29
in R.S. 39:551 et seq.30 SB NO. 693 ENROLLED
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B. The authority shall have all the rights and powers conferred by1
Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, as amended,2
together with such additional rights and powers as may be granted by the3
legislature.4
C.(1) The management and control of the authority shall be vested in the5
board of commissioners of the Chenier Plain Coastal Restoration and6
Protection Authority. In addition to any other powers and duties provided by7
law, the primary duty of the board shall be to establish, construct, operate, or8
maintain flood control works as they relate to hurricane protection, tidewater9
flooding, saltwater intrusion, and conservation. As a secondary duty, the board10
shall have the power to establish flood control, adequate drainage relating to11
tidal or riverine flooding, and water resources development including but not12
limited to construction of reservoirs, diversion canals, gravity and pump13
drainage systems, erosion control measures, and marsh management.14
(2) The board shall elect a president who shall serve for a two year term.15
The office of president shall be rotated among the parishes so that a16
representative from each parish shall serve as president during every six year17
period.18
(3) The board may establish one or more advisory commissions to19
provide a venue for input from the broad range of persons and groups who may20
participate in and assist the board in the performance of its powers and duties.21
An advisory commission shall be composed of equal representation from each22
parish.23
D.(1) The board may enter into contracts and agreements of any nature24
for the purposes of this Chapter with any person or persons, corporation,25
association, or other entity, including public corporations, port authorities, the26
state and agencies thereof, levee districts, parishes, other political subdivisions,27
the United States government and agencies thereof, or any combination thereof,28
or with instrumentalities of any kind to carry out the purposes of and the29
powers granted in this Chapter.30 SB NO. 693 ENROLLED
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(2) In seeking requests for proposals for professional engineering1
services, the board shall make every effort to utilize various engineering2
companies located within the parishes of Calcasieu, Cameron, or Vermilion.3
E. The board may enter into contracts or other agreements with any4
person or entity concerning the providing of lands, servitudes, rights-of-way,5
and relocations, and may engage jointly in the exercise of any power to include6
the construction, operation, and maintenance of any facilities and7
improvements for the purpose of the projects under this Chapter.8
F. The board shall have the power to construct and maintain drainage9
works of all types as they relate to tidewater flooding, hurricane protection,10
conservation, and saltwater intrusion, either in cooperation with one or more11
parishes, municipalities, drainage districts, or other special districts within its12
jurisdiction, or upon its own undertaking.13
G. The board may buy and sell property, make and execute all contracts,14
and perform any and all things necessary to carry out the objects of this15
Chapter, subject to the limitations and duties provided in this Section.16
H. The powers of the authority shall not supercede the powers of any17
parish or local governing authority, local political subdivision, drainage district18
or other special district within its jurisdiction.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: