SLS 12RS-307 REENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 436 BY SENATORS LONG, AMEDEE, BROWN, CORTEZ, CROWE, GUILLORY, JOHNS, KOSTELKA, MORRELL, MORRISH, MURRAY, PEACOCK, RISER, JOHN SMITH, TARVER, THOMPSON, WALSWORTH AND WHITE AND REPRESENTATIVE HOWARD WATER/WATERWAYS. Requires the Sabine River Authority to obtain legislative committee and certain local government approval for out-of-state water sales. (8/1/12) AN ACT1 To amend and reenact R.S. 38:2325(A)(16), relative to the Sabine River Authority; to2 provide for the powers and duties of the authority; to provide rules, conditions, and3 requirement for the sale, utilization, distribution, or consumption of water outside the4 state; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 38:2325(A)(16) is hereby amended and reenacted to read as follows:7 ยง2325. Powers8 A. Said authority shall have the power:9 * * *10 (16)(a) To enter into any and all contracts and other agreements with any11 person, real or artificial, any public or private entity, any government or12 governmental agency, including the United States of America, the state of Texas, the13 Sabine River Authority of Texas, the state of Louisiana, and the agencies, bureaus,14 departments, and political subdivisions thereof, which contracts and other15 agreements may provide for the sale, conservation, storage, utilization, preservation,16 distribution, or consumption, whether within or without the state of Louisiana, of the17 SB NO. 436 SLS 12RS-307 REENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. waters over which the Aauthority has jurisdiction or over which the Aauthority has1 legal control;.2 (b) however, the The written concurrence of the governor shall be required3 for any contracts and other agreements which provide for the sale, utilization,4 distribution, or consumption, outside of the boundaries of the state of Louisiana, of5 the waters over which the Authority authority has jurisdiction or control.6 (c) The written concurrence of the Senate Committee on Natural7 Resources and the House Committee on Natural Resources and Environment8 shall be required for any contracts and other agreements which provide for the9 sale, utilization, distribution, or consumption, outside of the boundaries of the10 state of Louisiana, of the waters over which the authority has jurisdiction or11 control.12 (d) The written concurrence, by resolution and two-thirds vote, of the13 local governing authority of each parish in the territory of the Sabine River14 Authority shall be required for any contracts and other agreements which15 provide for the sale, utilization, distribution, or consumption, outside of the16 boundaries of the state of Louisiana, of the waters over which the authority has17 jurisdiction or control. In addition, at least two-thirds of all the local governing18 authorities in the territory of the Sabine River Authority shall concur before the19 authority can enter into any such contract or other agreements.20 * * *21 The original instrument was prepared by McHenry Lee. The following digest, which does not constitute a part of the legislative instrument, was prepared by Cathy R. Wells. DIGEST Long (SB 436) Present law authorizes the Sabine River Authority to enter into contracts which provide for the sale, utilization, distribution, or consumption of water outside the boundaries of the state and requires the written consent of the governor for such contracts. Proposed law retains present law but also requires the written concurrence by the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment for any contracts and other agreements which provide for the sale, utilization, distribution, or consumption, outside of the boundaries of the state of Louisiana, of the SB NO. 436 SLS 12RS-307 REENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. waters over which the Sabine River Authority has jurisdiction or control. Proposed law further requires the written concurrence by two-thirds vote of the local governing authority of each parish in the territory of the authority and the concurrence of at least two-thirds of all the local governing authorities in the territory of the Sabine River Authority for any contracts and other agreements which provide for the sale, utilization, distribution, or consumption, outside of the boundaries of the state of Louisiana. Effective August 1, 2012. (Amends R.S. 38:2325(A)(16)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Natural Resources to the original bill 1. Requires the authority to receive approval by the legislative committees on natural resources for certain water sales. 2. Makes technical changes. Senate Floor Amendments to engrossed bill 1. Requires written concurrence by two-thirds vote of the local governing authority of each parish in the territory of the authority and the concurrence of at least two-thirds of all the local governing authorities in the territory of the Sabine River Authority for water sales outside the boundaries of the state in addition to the approval by certain legislative committees.