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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 469
BY SENATORS ALLAIN AND ADLEY
COASTAL RESOURCES. Provides relative to the enforcement of the State and Local
Coastal Resources Management Act of 1978. (gov sig)
AN ACT1
To amend and reenact R.S. 49:214.36(D) and to enact R.S. 49:214.36(O), relative to the2
coastal zone management program; to provide relative to the initiation or3
continuation of enforcement actions under the coastal zone management program;4
to prohibit certain state or local governmental entities from initiating certain causes5
of action; to provide for the uses of certain monies received by any state or local6
governmental entity; to allow any person or state or local governmental entity to7
enforce certain rights or administrative remedies; to provide terms, conditions, and8
requirements; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 49:214.36(D) is hereby amended and reenacted and R.S.11
49:214.36(O) is hereby enacted to read as follows:12
ยง214.36. Enforcement; injunction; penalties and fines13
* * *14
D. The secretary, the attorney general, an appropriate district attorney, or a15
local government with an approved a district attorney for a local government16
without an approved program, or a local government with an approved program17 SB NO. 469
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words in boldface type and underscored are additions.
may bring such injunctive, declaratory, or other actions as are necessary to ensure1
that no uses are made of the coastal zone for which a coastal use permit has not been2
issued when required or which are not in accordance with the terms and conditions3
of a coastal use permit.4
* * *5
O.(1) Except as provided in this Subpart, no state or local governmental6
entity shall have, nor may pursue, any right or cause of action arising from any7
activity subject to permitting under R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 338
U.S.C. 408 in the coastal area as defined by R.S. 49:214.24, or arising from or9
related to any use as defined by R.S. 49:214.23(13), regardless of the date such10
use or activity occurred.11
(2) Any monies received by any state or local governmental entity arising12
from or related to a state or federal permit issued pursuant to R.S. 49:214.21 et13
seq., 33 U.S.C. 1344 or 33 U.S.C. 408, a violation thereof, or enforcement14
thereof, or for damages or other relief arising from or related to any of the15
foregoing, or for damages or other relief arising from or related to any use as16
defined by R.S. 49:214.23(13) shall be used for integrated coastal protection,17
including coastal restoration, hurricane protection and improving the resiliency18
of the coastal area.19
(3) Nothing in this Section shall constitute a waiver of sovereign20
immunity under the Eleventh Amendment of the United States Constitution.21
(4) Nothing in this Section shall prevent or preclude any person or any22
state or local governmental entity from enforcing contractual rights or from23
pursuing any administrative remedy otherwise authorized by law arising from24
or related to a state or federal permit issued in the coastal area pursuant to R.S.25
49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408.26
(5) Nothing in this Subsection shall alter the rights of any governmental27
entity for claims related to sixteenth section school lands.28
Section 2. This Act shall become effective upon signature by the governor or, if not29 SB NO. 469
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words in boldface type and underscored are additions.
signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. W. Wiley.
DIGEST
Allain (SB 469)
Present law creates a coastal zone management program in the Dept. of Natural Resources.
Provides generally for the development of a state program aimed at protecting, developing,
and managing the coastal zone of the state. The program defines the coastal zone and
delineates the types of uses approved for the coastal zone. Further provides for the
development of state and local coastal management plans.
Coastal use permits issued by the DNR are used to control the development and activities
in the coastal zone. Present law provides for enforcement of the coastal use permits (CUP)
and the activities permitted under the CUPs.
Present law specifies that the secretary, the attorney general, an appropriate district attorney,
or a local government may bring injunctive, declaratory, or other actions to ensure that only
permitted activities may be conducted in the coastal zone. Proposed law specifies that the
secretary through the attorney general and a local governmental subdivision may bring such
actions.
Proposed law changes "an appropriate district attorney" to "a district attorney for a local
government without an approved program".
Proposed law provides that except as provided in present law, no state or local governmental
entity may have, nor may pursue, any right or cause of action arising from any activity
subject to permitting under present law or certain federal statutes in the coastal area, or
arising from or related to any use as defined by present law, regardless of the date such use
or activity occurred.
Proposed law requires any monies received by any state or local governmental entity arising
from or related to a certain state or federal permit, a violation thereof, or enforcement
thereof, or for damages or other relief arising from or related to any of the foregoing, or for
damages or other relief arising from or related to any use as defined by present law be used
for integrated coastal protection, including coastal restoration, hurricane protection and
improving the resiliency of the coastal area.
Proposed law provides that nothing in the present law and proposed law will constitute a
waiver of sovereign immunity under the 11th Amendment of the United States Constitution.
Proposed law provides that nothing in the present law and proposed law will prevent or
preclude any person or any state or local governmental entity from enforcing contractual
rights or from pursuing any administrative remedy otherwise authorized by law arising from
or related to certain state or federal permit issued in the coastal area.
Proposed law provides that nothing in proposed law will alter the rights of any governmental
entity for claims related to 16th school lands. SB NO. 469
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Coding: Words which are struck through are deletions from existing law;
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Effective upon signature by governor or lapse of time for gubernatorial action.
(Amends R.S. 49:214.36(D); adds R.S. 49:214.36(O))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Changes "an appropriate district attorney" to "a district attorney for a local
government without an approved program".
2. Removes certain provisions of proposed law.
3. Prohibits certain state or local governmental entities from initiating certain
causes of action arising from certain activities subject to permitting.
4. Provides for the uses of certain monies.
5. Provides that sovereign immunity is not waived.
6. Retains certain rights or remedies of persons or state or local governmental
entities.
7. Retains rights related to 16
th
section school lands.