St. Germain (HB 793) Act No. 795
Prior law provided that the board of commissioners of the Capital Area Groundwater
Commission consist of 15 members appointed by the governor and confirmed by the Senate
as follows:
(1)Five members, one appointed from each of the five parishes in the district as
nominated by the parish governing authorities. The five parishes in the district are
East Baton Rouge, East Feliciana, Pointe Coupee, West Baton Rouge, and West
Feliciana.
(2)Three members appointed from nominations by industrial users in the district.
(3)Three members 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.
(4)The assistant secretary of the Dept. of Natural Resources or his designee who shall
be a member of his staff.
(5)One member appointed from nominations by the La. Farm Bureau Federation and the
La. Cattlemen's Association.
(6)The executive secretary of the La. Stream Control Commission or a member of his
staff.
(7)One member appointed from nominations by the members of the board.
New law retains prior law except changes the executive secretary of the La. Stream Control
Commission to the secretary of the Dept. of Environmental Quality or his designee and
designates the commissioner of conservation as the assistant secretary from the Dept. of
Natural Resources.
New law adds the director of the Dept. of Public Works of the city of Baton Rouge and
parish of East Baton Rouge, or his designee, to the membership for a total of 16 members.
Prior law provided for a time line for the appointment of the initial members after the
effective date of prior law. New law removes time lines for the initial appointment.
Existing law provides for staggered terms of the initial members. New law provides that
after the initial term all terms shall be three years, except that the terms for members
representing governmental entities whose term shall be contemporaneous with their office.
Prior law provided 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.
New law retains the two-term limit except for members representing governmental entities.
Existing 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.
Prior law provided for a procedure to replace members by notifying the nominating entities
60 days prior to the expiration of a term.
New law repeals prior law and provides that vacancies shall be filled by appointment by the
governor in the manner in which that member was appointed in new law.
Prior law required 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" meant the director
of the municipal Dept. of Public Works for the municipality located in the district with the
greatest population. New law repeals prior law and defines the Dept. of Public Works as the Dept. of Public
Works of the city of Baton Rouge and parish of East Baton Rouge.
Effective Aug. 1, 2014.
(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.)