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.
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.