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ACT No. 601
Regular Session, 2012
HOUSE BILL NO. 896
BY REPRESENTATIVE DOVE
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)(introductory paragraph) and (2), 315, 319, 3074(A)(4) and3
(D)(4) and (9)(c), 3087.134(E)(5), and 3097.4(A)(9), relative to the coastal area; to4
provide the respective responsibilities of the Department of Transportation and5
Development and the Coastal Protection and Restoration Authority; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:2(A) and (B), 3, 90.4(B)(1), 214(B), 218(B), 301(B) and9
(C)(2)(c), 306(C), 313(B)(introductory paragraph) and (2), 315, 319, 3074(A)(4) and (D)(4)10
and (9)(c), 3087.134(E)(5), and 3097.4(A)(9) are hereby amended and reenacted to read as11
follows:12
§2. Functions of department13
A.(1) The functions of the Department of Public Works Transportation and14
Development shall comprise all of the administrative functions of the state in relation15
to the planning, design, survey and construction, operation, and maintenance and16
repair of public buildings used in connection with the operation of the department,17
and of levees, canals, dams, locks, spillways, reservoirs, drainage systems, irrigation18
systems, housing development, state planning, inland navigation projects, flood19
control and river improvement programs, public housing projects, and other public20
works. The department shall render all engineering, economic, and other advisory21
services within the scope of its functions to port and terminal districts and other local22 ENROLLEDHB NO. 896
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governmental subdivisions and special districts which its facilities allow, subject to1
the right to be reimbursed for the reasonable costs thereof.2
(2) The Coastal Protection and Restoration Authority shall have superseding3
jurisdiction over all integrated coastal protection, as defined in R.S. 49:214.2(10),4
in the coastal area, as defined in R.S. 49:214.2(3).5
(3) Subject to the right to be reimbursed for reasonable costs associated with6
such service, the Coastal Protection and Restoration Authority shall render to local7
governmental subdivisions, levee districts, levee and conservation districts, flood8
authorities, and any other special district all engineering, economic, and other9
advisory services within the scope of its functions and jurisdiction as defined in R.S.10
49:214.2(3) and (10) which its facilities allow.11
B. If a decision is made by the agency or political subdivision involved to12
proceed with construction of a project concerning which the Department of Public13
Works Transportation and Development or the Coastal Protection and Restoration14
Authority, if the area is located within the coastal area, as defined in R.S.15
49:214.2(3), and involves integrated coastal protection, as defined in R.S.16
49:214.2(10), has been called upon to furnish engineering services, a feasibility study17
of the project shall be conducted by the Department department or the Coastal18
Protection and Restoration Authority, if the area is located within the coastal area,19
as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined20
in R.S. 49:214.2(10), at the expense of the agency or political subdivision requesting21
such services. The study shall be completed prior to the commencement of22
construction on the project. The study shall be in writing and shall make a23
determination as to the desirability, feasibility, cost necessity, and beneficial results24
of any such proposed project. Whenever any such project is a levee, the study shall25
make a determination of the necessity of the project from the viewpoint of flood26
control in addition to making the foregoing determinations. Each such study shall27
be filed in the records of the Department of Public Works Transportation and28
Development or the Coastal Protection and Restoration Authority, if the area is29
located within the coastal area, as defined in R.S. 49:214.2(3), and involves30 ENROLLEDHB NO. 896
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integrated coastal protection, as defined in R.S. 49:214.2(10), pertaining to the1
particular project in question, and such study shall be a public record open to2
inspection by any person during the normal working hours of the Department of3
Public Works Transportation and Development.4
* * *5
§3. Inland waterways, navigation projects; jurisdiction of United States not affected6
A. The Department of Public Works of Transportation and Development7
shall plan systems of inland waterways, navigation drainage; irrigation and water8
conservation projects; foster the maintenance, improvement, and extension of the9
Intracoastal Canal System and its feeders; and initiate, sponsor, and carry through10
to completion all waterway projects which will further develop and expand the water11
resources of Louisiana, whether the projects are under the Flood Control Act or any12
other federal agency.13
B. Nothing in this Section shall be construed as interfering with the14
jurisdiction of the United States government over the navigable waters in Louisiana15
or as abridging, impairing, or altering the rights, obligations, and authority of the16
United States, the Secretary of the Army, Chief of Engineers, or any commission,17
board, or officer of the United States conferred or provided by any Act of Congress18
in respect to the execution, maintenance, or control of any plan, project, or program19
of flood control, navigation, or the use and improvement of navigable streams and20
waters, or in respect to any of the matters or things referred to in this Section.21
C. Nothing in this Section shall be construed as interfering with the mission22
and jurisdiction of the Coastal Protection and Restoration Authority for all integrated23
coastal protection, as defined in R.S. 49:214.2(10), including but not limited to water24
resources development and water conservation projects located in the coastal area,25
as defined in R.S. 49:213.2(3).26
* * *27
§90.4. Methodology for flood-control project evaluation28
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B.(1) Applications shall be reviewed by the office of public works, hurricane1
flood protection, and intermodal transportation, the Coastal Protection and2
Restoration Authority, the Louisiana Geological Survey, the division of3
administration, the office of engineering, United States Soil Conservation Service,4
and any other appropriate state agencies.5
* * *6
§214. Interference with drainage prohibited7
* * *8
B. Upon the request of the Department of Transportation and Development,9
or 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), the state police shall issue a citation to12
any person who is in violation of this Section. Every person convicted of a violation13
of this Section shall be fined not less than twenty-five dollars nor more than three14
hundred dollars.15
* * *16
§218. Diversion of natural drain prohibited17
* * *18
B. Upon request of the Department of Transportation and Development, or19
the Coastal Protection and Restoration Authority, if the area is located within the20
coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal21
protection, as defined in R.S. 49:214.2(10), the state police shall issue a citation to22
any person who is in violation of this Section. Every person who is convicted of a23
violation of this Section shall be fined not less than twenty-five dollars nor more than24
one hundred dollars or imprisoned for not less than ten days nor more than thirty25
days, or both.26
* * *27
§301. Construction and maintenance of levees and drainage; care and inspection of28
levees; measure of compensation; right of entry; bicycle paths and walkways29
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B. Except as provided in R.S. 38:330.2(I), the care and inspection of levees1
shall devolve on resident commissioners, assisted by such inspectors and watchmen2
as may be appointed pursuant to regulations, which the boards are hereby authorized3
to adopt. Each resident commissioner and any inspector or watchman who may be4
appointed shall attend once during his term of office an educational training program5
conducted by the Department of Transportation and Development or, if the levee6
district is located within the coastal area, as defined in R.S. 49:214.2(3), and involves7
integrated coastal protection, as defined in R.S. 49:214.2(10), such training shall be8
every two years, or twice during a term in office, and shall be conducted by the9
Coastal Protection and Restoration Authority.10
C.11
* * *12
(2)13
* * *14
(c) The amount of compensation due to the owner shall be paid from funds15
appropriated by the legislature by the office of public works of the Department of16
Transportation and Development or the Coastal Protection and Restoration17
Authority, if the area is located within the coastal area, as defined in R.S.18
49:214.2(3), and involves integrated coastal protection, as defined in R.S.19
49:214.2(10). The levee board shall immediately notify the office of public works20
of the estimate of the amount of compensation due to the owner, the amount of21
revenues available to the board, and the amount of insufficient revenues. Upon such22
notification, the office of public works shall make its own estimate of the monies23
available to the levee board, and the amount of compensation to the owner. If the24
estimates of the levee board and the office of public works differ, the estimates of25
the office of public works shall be controlling.26
* * *27
§306. General powers and duties of board28
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C. The board shall examine all of the accounts and operations of the board1
and determine in what manner work shall be undertaken. The board shall also be2
invested with the control of all public levees in the district, with authority to require3
the office of public works of the Department of Transportation and Development or4
the Coastal Protection and Restoration Authority, if the area is located within the5
coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal6
protection, as defined in R.S. 49:214.2(10), to lay off, furnish estimates, and perform7
all engineering work necessary to the location, construction, and repairs of levees,8
reserving, however, the right to the parishes in which the levees are located, also to9
provide funds and to construct and repair levees and exercise the powers now10
conferred to it by law. All works shall be advertised in accordance with the11
provisions of R.S. 38:2211 et seq., to be let out by means of sealed proposals to the12
lowest responsible bidder, reserving to the board authority to reject all bids. In case13
of emergency as defined in Paragraph (6) of R.S. 38:2211(6), the board may make14
contracts for the building and repair of and guarding the levees without15
advertisement or sealed proposals. It shall use all means at its command to16
strengthen, repair, or construct any portion of the levees that may demand attention.17
* * *18
§313. Cessation of activities19
* * *20
B. Within six months after the end of the five-year period delineated in21
Subsection A of this Section, The the Louisiana legislative auditor shall certify22
within six months after August 15, 1997, the following:23
* * *24
(2) Whether or not there has been a protection levee constructed in the25
district, as certified by the Department of Transportation and Development or the26
Coastal Protection and Restoration Authority, if the area is located within the coastal27
area, as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as28
defined in R.S. 49:214.2(10).29
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§315. Dedication of artificial waterways as public navigable waterways; approval1
Wherever there presently exists or may hereafter be created within the2
territorial limits of any levee district or levee and drainage district in the state of3
Louisiana, except in the parish of Orleans, any canal or other artificial waterway4
created by any levee district or levee and drainage district for the purpose of5
constructing a levee or other public work and where said canal or other artificial6
waterway is navigable in fact and connects with or enters into any lake, river, stream,7
bayou, or other navigable waters, the governing authority of said levee district or8
levee and drainage district shall have the authority, with the approval of the office9
of public works of the Department of Transportation and Development or the Coastal10
Protection and Restoration Authority, if the area is located within the coastal area,11
as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined12
in R.S. 49:214.2(10), and with the concurrence of the U.S. United States district13
engineer, to dedicate and declare said canal or other artificial waterway, in whole or14
in part, as a waterway subject to the free and unrestricted navigation by the public;15
however, nothing herein shall be construed as authorizing the taking of private16
property, except as now provided by the constitution and laws of this state.17
* * *18
§319. Emergency procedures manual19
Each board of commissioners of each levee district and levee and drainage20
district shall prepare a written procedures manual to be used during periods of21
emergency to facilitate the immediate and orderly actions of each board during an22
emergency. The manual shall initially be completed by December 1, 1985, and shall23
be submitted on or before that date updated every two years and submitted to the24
office of public works, or its successor, and the Joint Legislative Committee on25
Transportation, Highways and Public Works and the House Committee on Natural26
Resources and Environment and the Senate Committee on Natural Resources for27
review. Thereafter, the manual shall be updated every two years and resubmitted for28
review.29
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§3074. Board of commissioners; appointments; tenure; replacement; compensation1
A. The board of commissioners shall consist of fifteen members who shall2
be appointed and commissioned by the governor. Each appointment by the governor3
shall be submitted to the Senate for confirmation. The following members shall be4
appointed and commissioned within ninety days after the effective date of this Part:5
* * *6
(4) One member, being the assistant secretary or a member of his staff7
designated by him, shall be appointed and shall represent the office of public works8
conservation of the Department of Transportation and Development Natural9
Resources as well as other state institutions which are users of groundwater.10
* * *11
D. The board shall procure replacements for those members whose terms12
expire by the following procedure:13
* * *14
(4) Sixty days prior to the expiration of the term of the member representing15
the office of public works conservation of the Department of Transportation and16
Development Natural Resources as well as other state institutions that are users of17
groundwater, the board shall notify the assistant secretary of the office of public18
works conservation that he shall name a nominee for membership.19
* * *20
(9) In case a vacancy occurs more than ninety days prior to the normal21
expiration date, the governor shall appoint and commission a replacement within22
thirty days of its occurrence to fill the unexpired term, such replacement to be the23
nominee of:24
* * *25
(c) The assistant secretary of the office of public works conservation, if the26
vacancy is the member representing the office of public works conservation and27
other state institutions that are users of groundwater.28
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§3087.134. Board of commissioners; tenure; replacement; compensation1
* * *2
E. In addition, the following may serve at their pleasure as ex officio3
nonvoting members of the board and shall not be considered in determining a4
quorum for the purpose of board meetings:5
* * *6
(5) The secretary of the Department of Transportation and Development7
Natural Resources or his designee.8
* * *9
§3097.4. Ground Water Resources Commission; membership; powers and10
responsibilities11
A. The Ground Water Resources Commission is hereby created and shall be12
composed of the following members:13
* * *14
(9) The director of the Governor's Office of Coastal Activities executive15
director of the Coastal Protection and Restoration Authority or his designee.16
* * *17
Section 2. The secretary of the Department of Transportation and Development and18
the executive director of the Coastal Protection and Restoration Authority shall have the19
authority to designate within his agency where the various functions required by this Act20
shall be performed and to issue contracts and enter into any agreements with other public21
entities for the efficient administration of this Act and to establish any necessary policy to22
effectuate the efficient and proper implementation of the provisions contained herein.23
Section 3. The Coastal Protection and Restoration Authority Board and the Coastal24
Protection and Restoration Authority are hereby assigned and subsume all of the duties and25
responsibilities previously exercised by any other state agency, including but not limited to26
the Office of Coastal Protection and Restoration, the Department of Natural Resources, the27
Department of Transportation and Development, the office of public works, and the28
Department of Wildlife and Fisheries with regard to previously executed agreements and29
contracts, the purposes of which are under the duties, jurisdiction, responsibilities, and30 ENROLLEDHB NO. 896
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powers granted to the Coastal Protection and Restoration Authority Board or the Coastal1
Protection and Restoration Authority. The Coastal Protection and Restoration Authority2
Board or the Coastal Protection and Restoration Authority is herein given the power to3
execute, sign, modify, amend, and renew any such agreement on its own behalf or on behalf4
of the state of Louisiana.5
Section 4. All unfinished business, references in laws and documents, employees,6
property, obligations, and books and records of the prior plans, projects, policies, and7
programs assumed by this Act into the Coastal Protection and Restoration Authority Board8
or the Coastal Protection and Restoration Authority shall be transferred as provided in this9
Section. Any pending or unfinished business of the prior plans, projects, policies, and10
programs shall be taken over and be completed by the authority or by the Coastal Protection11
and Restoration Authority Board with the same power and authorization as that of prior12
plans, projects, policies, and programs, and the authority or the board shall be the successor13
in every way to the prior plans, projects, policies, and programs for the purpose of14
completing such business. Any reference in laws and documents to either of the prior plans,15
projects, policies, and programs shall be deemed to apply to the authority or the board. Any16
legal proceeding to which the prior plans, projects, policies, and programs are a party and17
which is filed, initiated, or pending before any court on the effective date of this Section, and18
all documents involved in or affected by said legal proceeding, shall retain their19
effectiveness and shall be continued in the name of the authority or the board. All further20
legal proceedings and documents in the continuation, disposition, and enforcement of such21
legal proceeding shall be in the name of the authority or the board, and the authority or the22
board shall be substituted for the prior plans, projects, policies, and programs without23
necessity for amendment of any document. This Act shall not be construed so as to impair24
the effectiveness of any rule or policy of either of the prior plans, projects, policies, and25
programs, and any such rule or policy shall remain effective as provided therein or until26
changed in accordance with law. This Act shall not be construed so as to impair the27
contractual or other obligations of either of the prior plans, projects, policies, and programs28
or of the state of Louisiana. All obligations of the prior plans, projects, policies, and29
programs shall be the obligations of the authority or the board. The authority or the board30 ENROLLEDHB NO. 896
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shall be the successor in every way to the prior plans, projects, policies, and programs,1
including all of their obligations and debts. All dedications and allocations of revenues and2
sources of revenues heretofore made to or for either of the prior plans, projects, policies, and3
programs shall continue in the same manner, to the same extent, and for the same purposes4
as were provided prior to the enactment of this Act, unless and until other provision is made5
therefor. All books, papers, records, money, actions, and other property of every kind,6
movable and immovable, real and personal, heretofore possessed, controlled, or used by7
either of the prior plans, projects, policies, and programs are hereby transferred to the new8
office or the authority. All employees heretofore engaged in the performance of duties of the9
prior plans, projects, policies, and programs, insofar as practicable and necessary, are10
transferred to the new office and insofar as practicable and necessary shall continue to11
perform the duties heretofore performed, subject to policies and procedures of the authority,12
applicable state civil service laws, rules, and regulations, and other applicable laws. Subject13
to such laws, positions in the unclassified service shall remain in the unclassified service.14
Section 5. If and when House Bill No. 916 of the 2012 Regular Session is finally15
passed by the legislature and enacted into law, the Louisiana State Law Institute is hereby16
directed to correct references to the Coastal Protection and Restoration Authority and the17
Office of Coastal Protection and Restoration contained in this Act and in any other act of the18
2012 Regular Session so that those references are in compliance with intentions of the19
provisions of House Bill No. 916.20 ENROLLEDHB NO. 896
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Section 6. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: