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Regular Session, 2014
HOUSE BILL NO. 793
BY REPRESENTATIVE ST. GERMAIN
WATER/RESOURCES: Provides for the membership of the Capital Area Groundwater
Commission
AN ACT1
To amend and reenact R.S. 38:3074(A), (B)(3), (4), and (5), (C), and (D)(introductory2
paragraph), to enact R.S. 38:3073(14), and to repeal R.S. 38:3074(D)(1) through (9)3
and Act No. 177 of the 2013 Regular Session of the Legislature, relative to the4
Capital Area Groundwater Conservation District; to provide for the membership and5
terms of the board of commissioners; to provide for vacancies; and to provide for6
related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 38:3074(A), (B)(3), (4), and (5), (C), and (D)(introductory12
paragraph) are hereby amended and reenacted and R.S. 38:3073(14) is hereby enacted to13
read as follows: 14
§3073. Definitions15
Unless the context otherwise requires, the following terms shall have the16
following meanings for purposes of this Part:17
* * *18
(14) "Department of Public Works" means the Department of Public Works19
of the city of Baton Rouge.20 HLS 14RS-78 REENGROSSED
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§3074. Board of commissioners; appointments; tenure; replacement; compensation1
A. The board of commissioners shall consist of fifteen sixteen members who2
shall be appointed and commissioned by the governor. Each appointment by the3
governor shall be submitted to the Senate for confirmation. The following members4
shall be appointed and commissioned within ninety days after the effective date of5
this Part as follows:6
(1) One member each shall be appointed from the parishes each parish7
composing the district, with the nominee representative of each parish to be8
nominated by the governing authority of such parish.9
(2) Three members shall be appointed from the nominees of nominations by10
the industrial users in the district.11
(3) Three members shall be appointed from the nominees of the users in the12
district, whether nominations by privately or publicly owned, furnishing the entities13
that furnish water supply for rural, or municipal use in within the district with the14
condition that at least one. One of said the three members shall always be from the15
nominees of nominations by privately owned users furnishing a municipal water16
supply.17
(4) One member shall be the director of the Department of Public Works, or18
his designee.19
(5) One member, being the assistant secretary shall be the commissioner of20
conservation, or his designee, who shall be a member of his staff designated by him,21
shall be appointed and shall represent the office of conservation of the Department22
of Natural Resources as well as other state institutions which are users of23
groundwater.24
(5) (6) One member shall be appointed from the nominees of nominations25
by the Louisiana Farm Bureau Federation and the Louisiana Cattlemen's Association.26
(6) (7) One general member shall be appointed, he being the executive27
secretary of the Louisiana Stream Control Commission the secretary of the28 HLS 14RS-78 REENGROSSED
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Department of Environmental Quality, or his designee, who shall be a member of his1
staff designated by the executive secretary.2
(7) (8) One member being the nominee shall be appointed from the3
nomination by the members of the board ( . For the purposes of this Paragraph4
"board" meaning shall mean the members appointed in pursuant to Paragraphs (1)5
through (6) for purposes of the first nomination and all members thereafter) shall be6
appointed (7) of this Subsection.7
Within sixty days after the effective date of this Part, the nominees as8
described in Paragraphs (1) through (6) shall be presented to the governor.9
Within thirty days after the list of nominees is presented to him, the governor10
shall appoint and commission one member each from the nominees from each of the11
parishes composing the district; three members from the list nominated by industrial12
users; three members from the list nominated by the users furnishing water supply13
for municipalities, with at least one being from the nominees supplied by a privately14
owned water utility, the one member being, or nominated by, the director of the15
Department of Public Works; one member from the joint lists submitted by the16
Louisiana Farm Bureau Federation and the Louisiana Cattlemen's Association; and17
one member being the executive secretary of the Louisiana Stream Control18
Commission or his designee. The governor shall immediately appoint and19
commission the member nominated by the board when his name is submitted by the20
board.21
B. The governor shall designate the term of office for each member of the22
initial board so that:23
* * *24
(3) From those members appointed to represent users furnishing water for25
municipalities, one shall be appointed for a term of one year; and one for a term of26
two years; and one for a term of three years.27 HLS 14RS-78 REENGROSSED
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(4) The member representing the Department of Public Works shall serve a1
term of three years and shall be eligible to succeed himself for an unrestricted2
number of terms.3
(5) All other members shall serve a an initial term of three years.4
(5) After the initial term, all terms shall be three years, except the terms for5
members representing governmental entities whose term shall be contemporaneous6
with their office.7
C. No commissioner shall be entitled to serve more than two consecutive8
regular terms, with the exception of the representative of the Department of Public9
Works and the Louisiana Stream Control Commission members representing10
governmental entities. Terms shall commence for those initially appointed on the11
date of implementation of the district. Terms for commissioners subsequently12
elected shall commence on the anniversary date of the date of implementation.13
D. The board shall procure replacements for those members whose terms14
expire by the following procedure: Vacancies shall be filled by appointment by the15
governor in the manner provided by Subsection A of this Section.16
* * *17
Section 2. R.S. 38:3074(D)(1) through (9) and Act No. 177 of the 2013 Regular18
Session of the Legislature are hereby repealed in their entirety.19
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)]
St. Germain HB No. 793
Abstract: Provides for the membership of the board of commissioners of the Capital Area
Groundwater Commission.
Present law provides that the board of commissioners of the Capital Area Groundwater
Commission shall consist of 16 members appointed by the governor and confirmed by the
Senate.
Proposed law retains present law.
Present law provides one member shall be appointed from each parish in the district as
nominated by the parish governing authorities. The parishes in the district are East Baton HLS 14RS-78 REENGROSSED
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Rouge, East Feliciana, Pointe Coupee, West Baton Rogue, and West Feliciana. Proposed
law retains present law.
Present law provides three members shall be appointed from nominations by industrial users
in the district. Proposed law retains present law.
Present law provides three members shall be appointed from nominations by privately or
publicly owned entities furnishing water for rural or municipal use within the district, with
one of the three always being appointed from nominations by privately owned users
furnishing a municipal water supply. Proposed law retains present law.
Proposed law adds the director of the Dept. of Public Works of the city of Baton Rouge, or
his designee, as a member of the Capital Area Groundwater Commission.
Present law provides that one member shall be the assistant secretary of the Dept. of Natural
Resources or his designee who shall be a member of his staff. Proposed law retains present
law.
Present law provides that one member shall be appointed from nominations by the La. Farm
Bureau Federation and the La. Cattlemen's Association. Proposed law retains present law.
Present law provides that one member shall be the executive secretary of the La. Stream
Control Commission or a member of his staff. Proposed law provides that one member shall
be the secretary of the Dept. of Environmental Quality or his designee who shall be a
member of his staff.
Present law provides that one member shall be appointed from nomination by the members
of the board. Proposed law retains present law.
Present law provides for a time line for the appointment of the initial members after the
effective date of present law. Proposed law removes time lines for the initial appointment.
Present law provides for staggered terms of the initial members. Proposed law retains
present law and provides that after the initial term all terms shall be three years, except the
terms for members representing governmental entities whose term shall be contemporaneous
with their office.
Present law provides that no member may serve more than two consecutive terms, except
the members representing the Dept. of Public Works and the La. Stream Control
Commission. Proposed law retains the two-term limit except for members representing
governmental entities.
Present law provides terms begin for the initial appointees on the date of implementation of
the district and that subsequent terms begin on the anniversary date of the date of
implementation. Proposed law retains present law.
Present law provides for a procedure to replace members by notifying the nominating
entities 60 days prior to the expiration of a term.
Proposed law repeals present law and provides that vacancies shall be filled by appointment
by the governor in the manner in which that member was appointed in proposed law.
Present law requires that in any provision of law applicable to a groundwater conservation
district located in a parish with population in excess of 400,000, according to the most recent
federal decennial census, the term "director of the Dept. of Public Works" means the director
of the municipal Dept. of Public Works for the municipality located in the district with the
greatest population. HLS 14RS-78 REENGROSSED
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Proposed law repeals present law and defines the Dept. of Public Works as the Dept. of
Public Works of the city of Baton Rouge.
(Amends R.S. 38:3074(A), (B)(3), (4), and (5), (C), and (D)(intro. para.); Adds R.S.
38:3073(14); Repeals R.S. 38:3074(D)(1)-(9) and Act No. 177 of the 2013 R.S.)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Added the director of the Dept. of Public Works of the city of Baton Rouge, or
his designee, as the sixteenth member of the Capital Area Groundwater
Commission.
2. Made a technical change.