Louisiana 2014 2014 Regular Session

Louisiana House Bill HB850 Introduced / Bill

                    HLS 14RS-1389	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 850
BY REPRESENTATIVE DOVE
COASTAL COMMISSION: Provides relative to clean up of hazardous materials found in
integrated coastal protection projects
AN ACT1
To enact R.S. 49:214.5.2(G), relative to the responsibilities of the Coastal Protection and2
Restoration Authority Board; to authorize the board to authorize the Coastal3
Protection and Restoration Authority to contract for the study, investigation, and4
cleanup of, or response to hazardous substances located in an integrated coastal5
protection program project; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 49:214.5.2(G) is hereby enacted to read as follows:8
ยง214.5.2. Functions and responsibilities; Coastal Protection and Restoration9
Authority Board10
*          *          *11
G. Notwithstanding any law to the contrary, the Coastal Protection and12
Restoration Authority, upon approval by the board, may enter into a contract for the13
study, investigation, and cleanup of, or response to, hazardous substances directly14
with any person or entity who has entered into a contract with the United States15
Army Corps of Engineers for an integrated coastal protection program or project16
where the hazardous substance is located and if federal law, rules, regulations,17
guidance, or the terms of a cooperative, partnership, or other agreement for the18
program or project require the state of Louisiana to directly take action with regard19
to the study, investigation, and cleanup of, or response to, the hazardous substance.20 HLS 14RS-1389	ORIGINAL
HB NO. 850
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Nothing in this Section shall prevent the authority from contracting with any person1
or entity in any other manner permitted by law. In approving the contract with the2
United States Army Corps of Engineers contracting entity or person, the board shall3
do all of the following:4
(1) Make a determination that the United States Army Corps of Engineers5
entered into the contract with its contractor through a public bid process.6
(2) Obtain from contractors other than the one under contract with the United7
States Army Corps of Engineers, at least two estimates for the needed work to be8
conducted under the contract for study, investigation, and cleanup of, or response to,9
hazardous substances from persons or entities qualified to conduct such work, as10
determined by the board.11
(3) Obtain an estimate for the needed work from the United States Army12
Corps of Engineers contractor.13
(4) Make a determination that contracting directly with the United States14
Army Corps of Engineers contractor is economical, feasible, and in the best interest15
of the health, safety, and welfare of the citizens of the state of Louisiana.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Dove	HB No. 850
Abstract: Authorizes the Coastal Protection and Restoration Authority Board to authorize
the Coastal Protection and Restoration Authority (CPRA) to contract for the study,
investigation, and cleanup of, or response to, hazardous substances located in an
integrated coastal protection program project.
Proposed law allows the CPRA, with approval of the CPRA Board, to enter into a contract
for the study, investigation, and cleanup of, or response to, hazardous substances directly HLS 14RS-1389	ORIGINAL
HB NO. 850
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
with an entity who is already under contract with the Corps of Engineers for an integrated
coastal protection project where the hazardous substance is located and where federal law,
rules, regulations, guidance, or the terms of a cooperative, partnership, or other agreement
for the project require the state to directly take action relative to the hazardous substance.
In approving the contract with the Corps of Engineers contracting entity, proposed law
requires the board determine that the Corps of Engineers entered into the contract with its
contractor through a public bid process, get at least two estimates for the work from other
contractors qualified to conduct such work, get an estimate for the needed work from the
Corps of Engineers contractor, and determine that contracting directly with the Corps of
Engineers contractor is economical, feasible, and in the best interest of the health, safety, and
welfare of the citizens of the state of Louisiana.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 49:214.5.2(G))