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Regular Session, 2012
HOUSE BILL NO. 896
BY REPRESENTATIVE DOVE
COASTAL RES/COASTAL ZONE: Provides for the respective responsibilities of the
Department of Transportation and Development and the Coastal Protection and
Restoration Authority in the coastal area
AN ACT1
To amend and reenact R.S. 38:2(A) and (B), 3, 90.4(B)(1), 214(B), 218(B), 301(B) and2
(C)(2)(c), 306(C), 313(B)(2), 315, 319, 3074(A)(4) and (D)(4) and (9)(c),3
3087.134(E)(5), and 3097.4(A)(9), relative to the coastal area; to provide the4
respective responsibilities of the Department of Transportation and Development and5
the Coastal Protection and Restoration Authority; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:2(A) and (B), 3, 90.4(B)(1), 214(B), 218(B), 301(B) and8
(C)(2)(c), 306(C), 313(B)(2), 315, 319, 3074(A)(4) and (D)(4) and (9)(c), 3087.134(E)(5),9
and 3097.4(A)(9) are hereby amended and reenacted to read as follows:10
§2. Functions of department11
A.(1) The functions of the Department of Public Works Transportation and12
Development shall comprise all of the administrative functions of the state in relation13
to the planning, design, survey and construction, operation, and maintenance and14
repair of public buildings used in connection with the operation of the department,15
and of levees, canals, dams, locks, spillways, reservoirs, drainage systems, irrigation16
systems, housing development, state planning, inland navigation projects, flood17
control and river improvement programs, public housing projects, and other public18
works. The department shall render all engineering, economic, and other advisory19 HLS 12RS-1201 ENGROSSED
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services within the scope of its functions to port and terminal districts and other local1
governmental subdivisions and special districts which its facilities allow, subject to2
the right to be reimbursed for the reasonable costs thereof.3
(2) The Coastal Protection and Restoration Authority shall have superseding4
jurisdiction over all integrated coastal protection, as defined in R.S.49:214.2(10), in5
the coastal area, as defined in R.S. 49:214.2(3).6
(3) Subject to the right to be reimbursed for reasonable costs associated with7
such service, the Coastal Protection and Restoration Authority shall render to local8
governmental subdivisions, levee districts, levee and conservation districts, flood9
authorities, and any other special district all engineering, economic, and other10
advisory services within the scope of its functions and jurisdiction as defined in R.S.11
49:214.2(3) and (10) which its facilities allow.12
B. If a decision is made by the agency or political subdivision involved to13
proceed with construction of a project concerning which the Department of Public14
Works Transportation and Development or the Coastal Protection and Restoration15
Authority, if the area is located within the coastal area, as defined in R.S.16
49:214.2(3), and involves integrated coastal protection, as defined in R.S.17
49:214.2(10) has been called upon to furnish engineering services, a feasibility study18
of the project shall be conducted by the Department department or the Coastal19
Protection and Restoration Authority if the area is located within the coastal area, as20
defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined in21
R.S. 49:214.2(10), at the expense of the agency or political subdivision requesting22
such services. The study shall be completed prior to the commencement of23
construction on the project. The study shall be in writing and shall make a24
determination as to the desirability, feasibility, cost necessity, and beneficial results25
of any such proposed project. Whenever any such project is a levee, the study shall26
make a determination of the necessity of the project from the viewpoint of flood27
control in addition to making the foregoing determinations. Each such study shall28
be filed in the records of the Department of Public Works Transportation and29 HLS 12RS-1201 ENGROSSED
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Development or the Coastal Protection and Restoration Authority, if the area is1
located within the coastal area, as defined in R.S. 49:214.2(3), and involves2
integrated coastal protection, as defined in R.S. 49:214.2(10), pertaining to the3
particular project in question, and such study shall be a public record open to4
inspection by any person during the normal working hours of the Department of5
Public Works Transportation and Development.6
* * *7
§3. Inland waterways, navigation projects; jurisdiction of United States not affected8
A. The Department of Public Works of Transportation and Development9
shall plan systems of inland waterways, navigation drainage; irrigation and water10
conservation projects; foster the maintenance, improvement, and extension of the11
Intracoastal Canal System and its feeders; and initiate, sponsor, and carry through12
to completion all waterway projects which will further develop and expand the water13
resources of Louisiana, whether the projects are under the Flood Control Act or any14
other federal agency.15
B. Nothing in this Section shall be construed as interfering with the16
jurisdiction of the United States government over the navigable waters in Louisiana17
or as abridging, impairing, or altering the rights, obligations, and authority of the18
United States, the Secretary of the Army, Chief of Engineers, or any commission,19
board, or officer of the United States conferred or provided by any Act of Congress20
in respect to the execution, maintenance, or control of any plan, project, or program21
of flood control, navigation, or the use and improvement of navigable streams and22
waters, or in respect to any of the matters or things referred to in this Section.23
C. Nothing in this Section shall be construed as interfering with the mission24
and jurisdiction of the Coastal Protection and Restoration Authority for all integrated25
coastal protection, as defined in R.S. 49:214.2(10), including but not limited to water26
resources development and water conservation projects located in the coastal area,27
as defined in R.S. 49:213.2(3).28
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§90.4. Methodology for flood-control project evaluation1
* * *2
B.(1) Applications shall be reviewed by the office of public works, hurricane3
flood protection, and intermodal transportation, the Coastal Protection and4
Restoration Authority, the Louisiana Geological Survey, the division of5
administration, the office of engineering, United States Soil Conservation Service,6
and any other appropriate state agencies.7
* * *8
§214. Interference with drainage prohibited9
* * *10
B. Upon the request of the Department of Transportation and Development,11
or the Coastal Protection and Restoration Authority, if the area is located within the12
coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal13
protection, as defined in R.S. 49:214.2(10), the state police shall issue a citation to14
any person who is in violation of this Section. Every person convicted of a violation15
of this Section shall be fined not less than twenty-five dollars nor more than three16
hundred dollars.17
* * *18
§218. Diversion of natural drain prohibited19
* * *20
B. Upon request of the Department of Transportation and Development, or21
the Coastal Protection and Restoration Authority, if the area is located within the22
coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal23
protection, as defined in R.S. 49:214.2(10), the state police shall issue a citation to24
any person who is in violation of this Section. Every person who is convicted of a25
violation of this Section shall be fined not less than twenty-five dollars nor more than26
one hundred dollars or imprisoned for not less than ten days nor more than thirty27
days, or both.28
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§301. Construction and maintenance of levees and drainage; care and inspection of1
levees; measure of compensation; right of entry; bicycle paths and walkways2
* * *3
B. Except as provided in R.S. 38:330.2(I), the care and inspection of levees4
shall devolve on resident commissioners, assisted by such inspectors and watchmen5
as may be appointed pursuant to regulations, which the boards are hereby authorized6
to adopt. Each resident commissioner and any inspector or watchman who may be7
appointed shall attend once during his term of office an educational training program8
conducted by the Department of Transportation and Development or, if the levee9
district is located within the coastal area, as defined in R.S. 49:214.2(3), and involves10
integrated coastal protection, as defined in R.S. 49:214.2(10), such training shall be11
every two years, or twice during a term in office, and shall be conducted by the12
Coastal Protection and Restoration Authority.13
C.14
* * *15
(2)16
* * *17
(c) The amount of compensation due to the owner shall be paid from funds18
appropriated by the legislature by the office of public works of the Department of19
Transportation and Development or the Coastal Protection and Restoration20
Authority, if the area is located within the coastal area, as defined in R.S.21
49:214.2(3), and involves integrated coastal protection, as defined in R.S.22
49:214.2(10). The levee board shall immediately notify the office of public works23
of the estimate of the amount of compensation due to the owner, the amount of24
revenues available to the board, and the amount of insufficient revenues. Upon such25
notification, the office of public works shall make its own estimate of the monies26
available to the levee board, and the amount of compensation to the owner. If the27 HLS 12RS-1201 ENGROSSED
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estimates of the levee board and the office of public works differ, the estimates of1
the office of public works shall be controlling.2
* * *3
§306. General powers and duties of board4
* * *5
C. The board shall examine all of the accounts and operations of the board6
and determine in what manner work shall be undertaken. The board shall also be7
invested with the control of all public levees in the district, with authority to require8
the office of public works of the Department of Transportation and Development or9
the Coastal Protection and Restoration Authority, if the area is located within the10
coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal11
protection, as defined in R.S. 49:214.2(10), to lay off, furnish estimates, and perform12
all engineering work necessary to the location, construction, and repairs of levees,13
reserving, however, the right to the parishes in which the levees are located, also to14
provide funds and to construct and repair levees and exercise the powers now15
conferred to it by law. All works shall be advertised in accordance with the16
provisions of R.S. 38:2211 et seq., to be let out by means of sealed proposals to the17
lowest responsible bidder, reserving to the board authority to reject all bids. In case18
of emergency as defined in Paragraph (6) of R.S. 38:2211, the board may make19
contracts for the building and repair of and guarding the levees without20
advertisement or sealed proposals. It shall use all means at its command to21
strengthen, repair, or construct any portion of the levees that may demand attention.22
* * *23
§313. Cessation of activities24
* * *25
B. The Louisiana legislative auditor shall certify within six months after26
August 15, 1997, the following:27
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(2) Whether or not there has been a protection levee constructed in the1
district, as certified by the Department of Transportation and Development or the2
Coastal Protection and Restoration Authority, if the area is located within the coastal3
area, as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as4
defined in R.S. 49:214.2(10).5
* * *6
§315. Dedication of artificial waterways as public navigable waterways; approval7
Wherever there presently exists or may hereafter be created within the8
territorial limits of any levee district or levee and drainage district in the state of9
Louisiana, except in the parish of Orleans, any canal or other artificial waterway10
created by any levee district or levee and drainage district for the purpose of11
constructing a levee or other public work and where said canal or other artificial12
waterway is navigable in fact and connects with or enters into any lake, river, stream,13
bayou, or other navigable waters, the governing authority of said levee district or14
levee and drainage district shall have the authority, with the approval of the office15
of public works of the Department of Transportation and Development or the Coastal16
Protection and Restoration Authority, if the area is located within the coastal area,17
as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined18
in R.S. 49:214.2(10) and with the concurrence of the U.S. United States district19
engineer, to dedicate and declare said canal or other artificial waterway, in whole or20
in part, as a waterway subject to the free and unrestricted navigation by the public;21
however, nothing herein shall be construed as authorizing the taking of private22
property, except as now provided by the constitution and laws of this state.23
* * *24
§319. Emergency procedures manual25
Each board of commissioners of each levee district and levee and drainage26
district shall prepare a written procedures manual to be used during periods of27
emergency to facilitate the immediate and orderly actions of each board during an28
emergency. The manual shall initially be completed by December 1, 1985, and shall29 HLS 12RS-1201 ENGROSSED
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be submitted on or before that date to the office of public works, or its successor, and1
the Joint Legislative Committee on Transportation, Highways and Public Works and2
the House Committee on Natural Resources and Environment and the Senate3
Committee on Natural Resources for review. Thereafter, the manual shall be4
updated every two years and resubmitted for review.5
* * *6
§3074. Board of commissioners; appointments; tenure; replacement; compensation7
A. The board of commissioners shall consist of fifteen members who shall8
be appointed and commissioned by the governor. Each appointment by the governor9
shall be submitted to the Senate for confirmation. The following members shall be10
appointed and commissioned within ninety days after the effective date of this Part:11
* * *12
(4) One member, being the assistant secretary or a member of his staff13
designated by him, shall be appointed and shall represent the office of public works14
conservation of the Department of Transportation and Development Natural15
Resources as well as other state institutions which are users of groundwater.16
* * *17
D. The board shall procure replacements for those members whose terms18
expire by the following procedure:19
* * *20
(4) Sixty days prior to the expiration of the term of the member representing21
the office of public works conservation of the Department of Transportation and22
Development Natural Resources as well as other state institutions that are users of23
groundwater, the board shall notify the assistant secretary of the office of public24
works conservation that he shall name a nominee for membership.25
* * *26
(9) In case a vacancy occurs more than ninety days prior to the normal27
expiration date, the governor shall appoint and commission a replacement within28 HLS 12RS-1201 ENGROSSED
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thirty days of its occurrence to fill the unexpired term, such replacement to be the1
nominee of:2
* * *3
(c) The assistant secretary of the office of public works conservation, if the4
vacancy is the member representing the office of public works conservation and5
other state institutions that are users of groundwater.6
* * *7
§3087.134. Board of commissioners; tenure; replacement; compensation8
* * *9
E. In addition, the following may serve at their pleasure as ex officio10
nonvoting members of the board and shall not be considered in determining a11
quorum for the purpose of board meetings:12
* * *13
(5) The secretary of the Department of Transportation and Development14
Natural Resources or his designee.15
* * *16
§3097.4. Ground Water Resources Commission; membership; powers and17
responsibilities18
A. The Ground Water Resources Commission is hereby created and shall be19
composed of the following members:20
* * *21
(9) The director of the Governor's Office of Coastal Activities executive22
director of the Coastal Protection and Restoration Authority or his designee.23
* * *24
Section 2. The secretary of the Department of Transportation and Development and25
the executive director of the Coastal Protection and Restoration Authority shall have the26
authority to designate within his agency where the various functions required by this Act27
shall be performed and to issue contracts and enter into any agreements with other public28 HLS 12RS-1201 ENGROSSED
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entities for the efficient administration of this Act and to establish any necessary policy to1
effectuate the efficient and proper implementation of the provisions contained herein.2
Section 3. The Coastal Protection and Restoration Authority Board and the Coastal3
Protection and Restoration Authority are hereby assigned and subsume all of the duties and4
responsibilities previously exercised by any other state agency, including but not limited to5
the Office of Coastal Protection and Restoration, the Department of Natural Resources, the6
Department of Transportation and Development, the office of public works, and the7
Department of Wildlife and Fisheries with regard to previously executed agreements and8
contracts, the purposes of which are under the duties, jurisdiction, responsibilities, and9
powers granted to the Coastal Protection and Restoration Authority Board or the Coastal10
Protection and Restoration Authority. The Coastal Protection and Restoration Authority11
Board or the Coastal Protection and Restoration Authority is herein given the power to12
execute, sign, modify, amend, and renew any such agreement on its own behalf or on behalf13
of the state of Louisiana.14
Section 4. All unfinished business, references in laws and documents, employees,15
property, obligations, and books and records of the prior plans, projects, policies, and16
programs assumed by this Act into the Coastal Protection and Restoration Authority Board17
or the Coastal Protection and Restoration Authority shall be transferred as provided in this18
Section. Any pending or unfinished business of the prior plans, projects, policies, and19
programs shall be taken over and be completed by the authority or by the Coastal Protection20
and Restoration Authority Board with the same power and authorization as that of prior21
plans, projects, policies, and programs, and the authority or the board shall be the successor22
in every way to the prior plans, projects, policies, and programs for the purpose of23
completing such business. Any reference in laws and documents to either of the prior plans,24
projects, policies, and programs shall be deemed to apply to the authority or the board. Any25
legal proceeding to which the prior plans, projects, policies, and programs are a party and26
which is filed, initiated, or pending before any court on the effective date of this Section, and27
all documents involved in or affected by said legal proceeding, shall retain their28
effectiveness and shall be continued in the name of the authority or the board. All further29 HLS 12RS-1201 ENGROSSED
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legal proceedings and documents in the continuation, disposition, and enforcement of such1
legal proceeding shall be in the name of the authority or the board, and the authority or the2
board shall be substituted for the prior plans, projects, policies, and programs without3
necessity for amendment of any document. This Act shall not be construed so as to impair4
the effectiveness of any rule or policy of either of the prior plans, projects, policies, and5
programs, and any such rule or policy shall remain effective as provided therein or until6
changed in accordance with law. This Act shall not be construed so as to impair the7
contractual or other obligations of either of the prior plans, projects, policies, and programs8
or of the state of Louisiana. All obligations of the prior plans, projects, policies, and9
programs shall be the obligations of the authority or the board. The authority or the board10
shall be the successor in every way to the prior plans, projects, policies, and programs,11
including all of their obligations and debts. All dedications and allocations of revenues and12
sources of revenues heretofore made to or for either of the prior plans, projects, policies, and13
programs shall continue in the same manner, to the same extent, and for the same purposes14
as were provided prior to the enactment of this Act, unless and until other provision is made15
therefor. All books, papers, records, money, actions, and other property of every kind,16
movable and immovable, real and personal, heretofore possessed, controlled, or used by17
either of the prior plans, projects, policies, and programs are hereby transferred to the new18
office or the authority. All employees heretofore engaged in the performance of duties of the19
prior plans, projects, policies, and programs, insofar as practicable and necessary, are20
transferred to the new office and insofar as practicable and necessary shall continue to21
perform the duties heretofore performed, subject to policies and procedures of the authority,22
applicable state civil service laws, rules, and regulations, and other applicable laws. Subject23
to such laws, positions in the unclassified service shall remain in the unclassified service.24
Section 5. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 12RS-1201 ENGROSSED
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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)]
Dove HB No. 896
Abstract: Provides relative to the respective responsibilities of the Dept. of Transportation
and Development and the Coastal Protection and Restoration Authority.
Present law provides relative to the functions of the Dept. of Transportation and
Development (DOTD). Proposed law provides that the Coastal Protection and Restoration
Authority (CPRA) shall have superseding authority over all integrated coastal protection in
the coastal area.
Proposed law authorizes the CPRA to render to political subdivisions engineering,
economic, and other advisory services within the scope of its functions subject to the right
to be reimbursed for those services.
Present law provides that if a political subdivision decides to proceed with a project where
DOTD is involved, DOTD shall conduct a feasibility study at the expense of the political
subdivision. Requires copies of each study to be filed with DOTD. Proposed law substitutes
the CPRA for DOTD where the project is integrated coastal protection in the coastal zone.
Present law requires DOTD to plan the systems of inland waterways, navigation, drainage,
irrigation, and water conservation projects. Proposed law provides that nothing in present
law shall interfere with CPRA's jurisdiction over integrated coastal protection in the coastal
area.
Present law requires application for flood-control projects to be reviewed by DOTD, the La.
Geological Survey, the division of administration, the U.S. Soil and Water Conservation
Service, and other appropriate agencies. Proposed law adds the CPRA to the list of agencies
required to review the applications.
Present law authorizes DOTD to request state police to issue citations for people taking
actions that interfere with drainage. Proposed law authorizes the CPRA to do the same for
integrated coastal protection in the coastal area.
Present law requires DOTD to train levee commissioners on levee inspections. Proposed
law provides that for integrated coastal protection in the coastal area, CPRA shall provide
such training.
Present law provides that when land is required to be taken for levee purposes, compensation
for such land shall come from appropriations to DOTD. Proposed law provides that when
the land is taken for integrated coastal protection in the coastal area, the compensation shall
come from appropriations to CPRA.
Present law authorizes a levee board to require DOTD to perform engineering work on the
levees in its district. Proposed law would authorize the levee board to require CPRA to do
such work for integrated coastal protection in the coastal area.
Present law requires DOTD to certify whether or not a levee district has constructed the
levee.
Proposed law requires such certification from CPRA if it is an integrated coastal protection
project in the coastal area. HLS 12RS-1201 ENGROSSED
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Present law authorizes levee districts, with the approval of DOTD, to dedicate artificial
waterways as public waterways. Proposed law includes the approval of CPRA for integrated
coastal protection in the coastal area.
Present law requires each levee district to submit to the Joint Legislative Committee on
Transportation, Highways and Public Works a copy of their emergency procedures manual.
Proposed law requires such to also be submitted to the House Committee on Natural
Resources and Environment and the Senate Committee on Natural Resources.
Present law includes on the Capital Area Ground Water Conservation Board, the Sparta
Groundwater Conservation District, and the state Ground Water Resource Commission, the
assistant secretary for the office of public works, DOTD. Proposed law changes the
appointments to the assistant secretary for the office of conservation in the Dept. of Natural
Resources.
Provides a transition process to the new names.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 38:2(A) and (B), 3, 90.4(B)(1), 214(B), 218(B), 301(B) and (C)(2)(c), 306(C),
313(B)(2), 315, 319, 3074(A)(4) and (D)(4) and (9)(c), 3087.134(E)(5), and 3097.4(A)(9))