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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 ENROLLED
SENATE BILL NO. 469
BY SENATORS ALLAIN AND ADLEY
AN ACT1
To enact R.S. 49:214.36(O), relative to the coastal zone management program; to provide2
relative to the initiation or continuation of enforcement actions under the coastal3
zone management program; to prohibit certain state or local governmental entities4
from initiating certain causes of action; to provide for the uses of certain monies5
received by any state or local governmental entity; to allow any person or state or6
local governmental entity to enforce certain rights or administrative remedies; to7
provide terms, conditions, and requirements; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 49:214.36(O) is hereby enacted to read as follows:10
ยง214.36. Enforcement; injunction; penalties and fines11
* * *12
O.(1) Except as provided in this Subpart, no state or local governmental13
entity shall have, nor may pursue, any right or cause of action arising from any14
activity subject to permitting under R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 3315
U.S.C. 408 in the coastal area as defined by R.S. 49:214.2, or arising from or16
related to any use as defined by R.S. 49:214.23(13), regardless of the date such17
use or activity occurred.18
(2) Any monies received by any state or local governmental entity arising19
from or related to a state or federal permit issued pursuant to R.S. 49:214.21 et20
seq., 33 U.S.C. 1344 or 33 U.S.C. 408, a violation thereof, or enforcement21
thereof, or for damages or other relief arising from or related to any of the22
foregoing, or for damages or other relief arising from or related to any use as23
defined by R.S. 49:214.23(13) shall be used for integrated coastal protection,24
including coastal restoration, hurricane protection, and improving the resiliency25
of the coastal area.26
(3) Nothing in this Section shall constitute a waiver of sovereign27 SB NO. 469 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
immunity under the Eleventh Amendment of the United States Constitution.1
(4) Nothing in this Section shall prevent or preclude any person or any2
state or local governmental entity from enforcing contractual rights or from3
pursuing any administrative remedy otherwise authorized by law arising from4
or related to a state or federal permit issued in the coastal area pursuant to R.S.5
49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408.6
(5) Nothing in this Section shall alter the rights of any governmental7
entity, except a local or regional flood protection authority, for claims related8
to sixteenth section school lands or claims for damage to property owned or9
leased by such governmental entity.10
Section 2. The provisions of this Act shall be applicable to all claims existing or11
actions pending on the Act's effective date and all claims arising or actions filed on or after12
that date.13
Section 3. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: