Louisiana 2012 2012 Regular Session

Louisiana House Bill HB838 Engrossed / Bill

                    HLS 12RS-434	REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 838
BY REPRESENTATIVE CHAMPAGNE
FUNDS/FUNDING:  Requires that monies received from violations of certain federal and
state laws associated with the Deepwater Horizon oil spill be deposited into the
Coastal Protection and Restoration Fund
AN ACT1
To enact R.S. 49:214.5.4(I), relative to the Coastal Protection and Restoration Fund; to2
dedicate certain monies into the fund; to provide for effectiveness; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 49:214.5.4(I) is hereby enacted to read as follows: 6
§214.5.4.  Funding and resource allocation7
*          *          *8
I.(1) Any monies received by the state for violations pursuant to section 3119
of the Federal Water Pollution Control Act, 33 U.S.C. 1321; R.S. 30:2025(E)(1) and10
(2); and R.S. 30:2001 et seq., including R.S. 30:2071 et seq., associated with the11
Deepwater Horizon oil spill that began on April 20, 2010, shall be deposited and12
credited by the treasurer to the Coastal Protection and Restoration Fund for13
integrated coastal protection efforts, including coastal restoration, hurricane14
protection, and improving the resiliency of the Louisiana Coastal Area affected by15
the Deepwater Horizon oil spill.16
(2) Nothing in this Subsection shall be construed as affecting funds17
associated with the Natural Resources Damage Assessment process.18 HLS 12RS-434	REENGROSSED
HB NO. 838
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. This Act shall take effect and become operative if and when the proposed1
amendment of Article VII, Section 10.2 of the Constitution of Louisiana contained in the Act2
which originated as House Bill No. 812 of this 2012 Regular Session of the Legislature is3
adopted at a statewide election and becomes effective.4
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)]
Champagne	HB No. 838
Abstract: Dedicates state revenues received from violations of federal and state
environmental and water quality laws associated with the Deepwater Horizon oil
spill of 2010 be deposited into the Coastal Protection and Restoration Fund.
Present law establishes the Coastal Protection and Restoration Fund for the purposes of
integrated coastal protection. The money in the fund is subject to legislative appropriation
and may be used only for those projects and programs which are consistent with the
statement of intent and the annual plan as it pertains to the integrated coastal protection.
Proposed law requires that any monies received for violations pursuant to section 311 of the
Federal Water Pollution Control Act, 33 U.S.C. 1321; R.S. 30:2025(E)(1) and (2); and R.S.
30:2001 et seq., including R.S. 30:2071 et seq., associated with the Deepwater Horizon oil
spill that began on April 20, 2010, shall be deposited and credited by the treasurer to the
Coastal Protection and Restoration Fund for integrated coastal protection efforts, including
coastal restoration, hurricane protection, and improving the resiliency of the La. Coastal
Area affected by the oil spill.  
Proposed law shall not be construed to affect funds associated with the Natural Resources
Damage Assessment Process.
Effective if and when the proposed amendment of Article VII, §10.2 of the Constitution of
La. contained in the Act which originated as House Bill No. 812 of this 2012 R.S. is adopted
at a statewide election and becomes effective.
(Adds R.S. 49:214.5.4(I))
Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on Appropriations to the
original bill.
1. Deleted reference to lawsuits filed in response to the oil spill and instead
provided that deposits be made for violations of specified state and federal laws.
2. Specified that deposits be used for integrated coastal protection efforts, including
coastal restoration, hurricane protection, and improving the resiliency of the La.
Coastal Area affected by the Deepwater Horizon oil spill.