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Regular Session, 2013
SENATE BILL NO. 223
BY SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PORTS/HARBORS/TERMINALS. Creates the Coastal Port Advisory Authority. (8/1/13)
AN ACT1
To enact Chapter 51 of Title 34 of the Louisiana Revised Statutes of 1950, comprised of2
R.S. 34:3551 through 3552, and R.S. 36:509(U), relative to ports; to create the3
Coastal Port Advisory Authority; to provide for the authority's membership and its4
officers; to provide for the duties and functions of the authority; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 51 of Title 34 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 34:3551 through 3552, is hereby enacted to read as follows: 9
CHAPTER 51. COASTAL PORT ADVISORY AUTHORITY10
§3551. Coastal Port Advisory Authority; purpose; legislative findings11
The legislature hereby finds and declares that the development of oil and12
gas resources is essential to promote Louisiana's economic growth and the13
ability of the maritime, oil and gas industries to compete in regional, national,14
and global markets and to provide a high quality of life for the people of this15
state. The legislature declares and finds the following:16
(1) The Gulf of Mexico has substantial oil and gas resources.17 SB NO. 223
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(2) Many of these resources are considered in the deep waters of the Gulf1
of Mexico.2
(3) Major energy companies are expressing renewed interest in the3
deepwater oil and gas resources of the Gulf of Mexico as expressed in recent4
federal oil and gas lease sales and in budgeted capital expenditures.5
(4) The state of Louisiana was once best suited to serve as the host state6
for the fabrication of the infrastructure needed to develop the shale and some7
deepwater Gulf of Mexico oil and gas resources because of its competitive8
advantage of world class coastal ports.9
(5) Due to the need for larger and heavier infrastructures to serve the10
continued quest for deeper water resources combined with the current11
limitations of Louisiana's coastal ports, the state of Louisiana, and the United12
States of America, are losing market shares, for the fabrication of deep water13
infrastructure projects.14
(6) Economic opportunities and job creation resulting from improved coastal15
port infrastructures could create a renaissance of manufacturing resulting from the16
proposed private investment of major energy companies in the deepwater resources of17
the Gulf of Mexico.18
(7) The state of Louisiana has a great opportunity to fund the greatest19
environmental project of our generation, the restoration of coastal Louisiana, from the20
proceeds of deepwater oil and gas resources as a result of previously adopted federal21
law and certain Louisiana constitutional amendments.22
(8) The state of Louisiana should move aggressively to determine how it23
can best fund improvements to its coastal ports in order to take advantage of24
the pending private sector investments in the deepwater resources of the Gulf25
of Mexico, and, thereby secure itself as the premiere province to host such26
activities, and further secure jobs for its citizens and improvements to the27
quality of life.28
§3552. Coastal Port Advisory Authority; creation; membership; duties and29
functions30 SB NO. 223
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A. The Coastal Port Advisory Authority is hereby created in the office1
of multimodal planning within the Department of Transportation and2
Development.3
B. The authority shall perform its duties and functions through a board4
composed of the following members:5
(1) One member appointed at large by the governor who shall serve as6
chairman of the authority and have knowledge of the deepwater Gulf of Mexico.7
(2) The governor's executive assistant for coastal activities or his8
designee.9
(3) The secretary of the Department of Transportation and Development10
or his designee.11
(4) The secretary of the Department of Economic Development or his12
designee.13
(5) The secretary of the Department of Natural Resources or his14
designee.15
(6) A representative of the Louisiana Mid-Continent Oil and Gas16
Association selected by its president.17
(7) A representative of the Ports Association of Louisiana selected by its18
chairman of the board of directors.19
(8) One member each appointed by the executive director of each of20
Louisiana's coastal ports.21
(9) One member each appointed by the executive director of each of22
Louisiana's deep draft ports.23
C. The members shall select a vice chairman to serve in the absence of24
the chairman. The marine and rail transportation administrator within the25
office of multimodal planning, Department of Transportation and Development,26
shall serve as secretary of the authority and shall not vote.27
D. (1) The authority shall be advisory in nature.28
(2) The authority shall research and study economic development29 SB NO. 223
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opportunities available to the state's maritime industries and the needs of the1
oil and gas industry relative to coastal and deep draft ports. The authority shall2
inventory and evaluate the resources and infrastructure of coastal and deep3
draft ports, including existing and future resource and infrastructure needs in4
order to attract business and increase future market shares, identify technical5
research and previously developed information on markets available to coastal6
and deep draft ports, study coastal and deep draft port capacities and7
utilization, identify potential future deficit areas, and investigate incentives for8
coastal and deep draft port development.9
(3) The authority shall periodically report the progress of its activities10
to the house and senate committees on transportation, highways, and public11
works.12
E. (1) A majority of the members shall constitute a quorum. A quorum13
being present, the favorable vote of at least a simple majority of the total14
membership present shall be required for the authority to take action on any15
matter.16
(2) The board shall meet at least once per year, or more frequently as17
necessary, upon call of the chairman.18
(3) Members of the authority shall not receive a salary or reimbursement19
for mileage or expenses incurred for attendance at authority meetings from the20
authority.21
Section 2. R.S. 36:509(U) is hereby enacted to read as follows:22
§509. Transfer of agencies to Department of Transportation and Development23
* * *24
U. The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be25
placed within the office of multimodal planning, Department of Transportation26
and Development, and shall perform its duties, functions, and responsibilities27
in the manner provided by law.28 SB NO. 223
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Proposed law creates the Coastal Port Advisory Authority in the office of multimodal
planning, Department of Transportation and Development (DOTD), to perform its duties,
functions, and responsibilities in an advisory capacity in order for the state to determine how
it may best position itself to take advantage of pending private sector investments in
deepwater oil and gas resources in the Gulf of Mexico.
Proposed law provides for membership as follows:
(1)One member appointed at large by the governor who shall serve as chairman and
have knowledge of the deepwater Gulf of Mexico.
(2)The governor's executive assistant for coastal activities or his designee.
(3)The secretary of the Department of Transportation and Development or his designee.
(4)The secretary of the Department of Economic Development or his designee.
(5)The secretary of the Department of Natural Resources or his designee.
(6)A representative of the Louisiana Mid-Continent Oil and Gas Association selected
by its president.
(7)A representative of the Ports Association of Louisiana selected by its chairman of the
board of directors.
(8)One member each appointed by the executive director of each of the state coastal
ports.
(9)One member each appointed by the executive director of each of the state's deep
draft ports.
Proposed law requires the members to select a vice chairman to serve in the absence of the
chairman, and for the marine and rail transportation administrator within the office of
multimodal planning DOTD to serve as secretary of the authority who shall not vote.
Proposed law provides that the authority be advisory in nature; requires the authority,
relative to the state's coastal and deep draft ports, to research and study economic
development opportunities available to the state's maritime industries and the needs of the
oil and gas industry, to inventory and evaluate port resources and infrastructure, including
existing and future resource and infrastructure needs in order to attract business and increase
future market shares, to identify technical research and previously developed information
on available markets, to study port capacities and utilization, to identify potential future
deficit areas, and to investigate incentives for port development.
Proposed law requires the authority to periodically report the progress of its activities to the
house and senate committees on transportation, highways, and public works.
Proposed law provides a majority of the members constitute a quorum and requires a
favorable vote of at least a simple majority of the total membership present to take action
on any matter; requires the board to meet at least annually and authorizes more frequent
meetings upon the call of the chairman; provides that the members serve without salary or
mileage or expense reimbursement from the authority. SB NO. 223
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Effective August 1, 2013.
(Adds R.S. 34:3551 and 3552 and R.S. 36:509(U))