HLS 14RS-78 REENGROSSED Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 793 Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §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 HB NO. 793 Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 793 Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 793 Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 793 Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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.