ENROLLED
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Regular Session, 2014
HOUSE BILL NO. 793
BY REPRESENTATIVE ST. GERMAIN
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
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(14) "Department of Public Works" means the Department of Public Works19
of the city of Baton Rouge and parish of East Baton Rouge.20
§3074. Board of commissioners; appointments; tenure; replacement; compensation21
A. The board of commissioners shall consist of fifteen sixteen members who22
shall be appointed and commissioned by the governor. Each appointment by the23
governor shall be submitted to the Senate for confirmation. The following members24 ENROLLEDHB NO. 793
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shall be appointed and commissioned within ninety days after the effective date of1
this Part as follows:2
(1) One member each shall be appointed from the parishes each parish3
composing the district, with the nominee representative of each parish to be4
nominated by the governing authority of such parish.5
(2) Three members shall be appointed from the nominees of nominations by6
the industrial users in the district.7
(3) Three members shall be appointed from the nominees of the users in the8
district, whether nominations by privately or publicly owned, furnishing the entities9
that furnish water supply for rural, or municipal use in within the district with the10
condition that at least one. One of said the three members shall always be from the11
nominees of nominations by privately owned users furnishing a municipal water12
supply.13
(4) One member shall be the director of the Department of Public Works, or14
his designee.15
(5) One member, being the assistant secretary shall be the commissioner of16
conservation, or his designee, who shall be a member of his staff designated by him,17
shall be appointed and shall represent the office of conservation of the Department18
of Natural Resources as well as other state institutions which are users of19
groundwater.20
(5)(6) One member shall be appointed from the nominees of nominations by21
the Louisiana Farm Bureau Federation and the Louisiana Cattlemen's Association.22
(6)(7) One general member shall be appointed, he being the executive23
secretary of the Louisiana Stream Control Commission the secretary of the24
Department of Environmental Quality, or his designee, who shall be a member of his25
staff designated by the executive secretary.26
(7)(8) One member being the nominee shall be appointed from the27
nomination by the members of the board ( . For the purposes of this Paragraph28
"board" meaning shall mean the members appointed in pursuant to Paragraphs (1)29 ENROLLEDHB NO. 793
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through (6) for purposes of the first nomination and all members thereafter) shall be1
appointed (7) of this Subsection.2
Within sixty days after the effective date of this Part, the nominees as3
described in Paragraphs (1) through (6) shall be presented to the governor.4
Within thirty days after the list of nominees is presented to him, the governor5
shall appoint and commission one member each from the nominees from each of the6
parishes composing the district; three members from the list nominated by industrial7
users; three members from the list nominated by the users furnishing water supply8
for municipalities, with at least one being from the nominees supplied by a privately9
owned water utility, the one member being, or nominated by, the director of the10
Department of Public Works; one member from the joint lists submitted by the11
Louisiana Farm Bureau Federation and the Louisiana Cattlemen's Association; and12
one member being the executive secretary of the Louisiana Stream Control13
Commission or his designee. The governor shall immediately appoint and14
commission the member nominated by the board when his name is submitted by the15
board.16
B. The governor shall designate the term of office for each member of the17
initial board so that:18
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(3) From those members appointed to represent users furnishing water for20
municipalities, one shall be appointed for a term of one year ; and one for a term of21
two years; and one for a term of three years.22
(4) The member representing the Department of Public Works shall serve a23
term of three years and shall be eligible to succeed himself for an unrestricted24
number of terms.25
(5) All other members shall serve a an initial term of three years.26
(5) After the initial term, all terms shall be three years, except that the terms27
for members representing governmental entities whose term shall be28
contemporaneous with their office.29 ENROLLEDHB NO. 793
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C. No commissioner shall be entitled to serve more than two consecutive1
regular terms, with the exception of the representative of the Department of Public2
Works and the Louisiana Stream Control Commission members representing3
governmental entities. Terms shall commence for those initially appointed on the4
date of implementation of the district. Terms for commissioners subsequently5
elected shall commence on the anniversary date of the date of implementation.6
D. The board shall procure replacements for those members whose terms7
expire by the following procedure: Vacancies shall be filled by appointment by the8
governor in the manner provided by Subsection A of this Section.9
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Section 2. R.S. 38:3074(D)(1) through (9) and Act No. 177 of the 2013 Regular11
Session of the Legislature are hereby repealed in their entirety.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: