HLS 17RS-1802 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 691 (Substitute for House Bill No. 605 by Representative Hodges)
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DISTRICTS/DRAINAGE: Provides relative to the Statewide Flood-Control Program
1 AN ACT
2To amend and reenact R.S. 38:90.2(A), 90.4(A)(1) and (B)(1), and 90.5(A) and to enact R.S.
3 38:90.2(C) and 90.4(A)(3), relative to the Statewide Flood Control Program; to
4 provide for the Floodplain Evaluation and Management Commission of the flood
5 information database; to provide for procedures for failing to perform required
6 actions; to require the submission of an application by a duly authorized municipal,
7 parish, or other governing authority after a declaration of disaster; to require
8 submission of the final revision of the flood control database to the House and Senate
9 Committees on Transportation, Highways and Public Works prior to the start of the
10 2022 legislative session; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 38:90.2(A), 90.4(A)(1) and (B)(1), and 90.5(A) are hereby amended
13and reenacted and R.S. 38:90.2(C) and 90.4(A)(3) are hereby enacted to read as follows:
14 §90.2. Revision of flood information data base database by the Floodplain
15 Evaluation and Management Commission
16 A. At least once in every four years, beginning with fiscal year 1982-83, the
17 Louisiana Geological Survey shall review and revise the statewide flood information
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HB NO. 691
1 data base. The data base will be developed for the purpose of the systematic
2 evaluation of drainage and flooding problems in the state.
3 A. No later than March 1, 2022, and at least once every five years thereafter,
4 the Floodplain Evaluation and Management Commission, consisting of the
5 Department of Transportation and Development, the Coastal Protection and
6 Restoration Authority, the office of community development, the Governor's Office
7 of Homeland Security and Emergency Preparedness, a member from the House
8 Committee on Transportation, Highways and Public Works, and a member from the
9 Senate Committee on Transportation, Highways, and Public Works shall review and
10 revise the statewide flood information database. The database will be developed for
11 the purpose of the systematic evaluation of drainage and flooding problems in the
12 state. The commission shall review the development proposals in each area to ensure
13 that no development in one parish or municipality will have a negative or detrimental
14 effect in any other parish or municipality. In addition, the commission shall ensure
15 that maintenance in any basin area across parish or municipal boundaries, including
16 the clearing and de-snagging of the Amite and Comite Rivers, are performed
17 according to any contractual obligations and state law.
18 * * *
19 C. If the Floodplain Evaluation and Management Commission fails to
20 perform their review and revision of the statewide flood information database as
21 required in Subsection A of this Section, they shall be required to report to the Joint
22 Committee on Transportation, Highways and Public Works prior to the beginning
23 of the next regular legislative session to inform the committee of the specific reason
24 for such failure.
25 * * *
26 §90.4. Methodology for flood-control project evaluation
27 A.(1) Applications for funding of any flood-control projects under the
28 Statewide Flood Control Program may be submitted by any duly authorized
29 municipal, parish, or other governing authority. Applications shall be made to the
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HB NO. 691
1 office of engineering by October first of each year, for consideration of funding in
2 the following fiscal year. In the event that a disaster declaration has been issued by
3 the governor for a municipality or parish, no later than September first of the year
4 immediately following the gubernatorial disaster declaration, the Department of
5 Transportation and Development shall send notice by registered or certified mail to
6 the governing authority of that municipality or parish with the information regarding
7 eligible flood control projects in that particular municipality or parish. The
8 governing authority of the municipality or parish shall submit an application for
9 funding to the office of engineering by October first of the year following the
10 declaration. Applications submitted in accordance with the provisions of this
11 Chapter shall not be subject to the provisions of R.S. 39:101. Sponsoring authorities
12 with a population of fifty thousand persons or more shall be responsible for the
13 preparation of applications for their respective projects. For sponsoring authorities
14 with a population of less than fifty thousand persons, the office shall prepare the
15 applications for the projects, or the sponsoring authority may prepare its application
16 in the event the office cannot accomplish required engineering services in a timely
17 manner. Information to be provided in the application shall include but not be
18 limited to the following:
19 * * *
20 (3) If the governing authority of a municipality or parish fails to submit an
21 application to the office of engineering by October first of the year immediately
22 following a gubernatorial disaster declaration, the Department of Transportation and
23 Development shall send notice by registered or certified mail to the governing
24 authority of the municipality or parish specifying that the governing authority shall
25 comply with the provisions of Paragraph (1) of this Subsection within one hundred
26 eighty days to be eligible for funding for flood-control projects for the next fiscal
27 year.
28 B.(1) Applications shall be reviewed by the office of engineering, the
29 Coastal Protection and Restoration Authority Board, the Louisiana Geological
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HB NO. 691
1 Survey, the division of administration, the United States Soil Conservation Service,
2 and any other appropriate state agencies.
3 * * *
4 §90.5. Report to Joint Legislative Committee on Transportation, Highways and
5 Public Works; recommendation of the Flood Control Project Evaluation Committee;
6 flood protection needs study; incremental funding of rural and urban projects
7 A. The final revision provided for in R.S. 38:90.2 by the Floodplain
8 Evaluation and Management Commission Louisiana Geological Survey shall be
9 furnished to the committee and the Flood Control Project Evaluation Committee
10 prior to the beginning of the 1983 2022 regular session of the legislature and every
11 fourth fifth year thereafter. However, that portion of the final revision encompassing
12 the Amite River Basin shall be furnished to the committee and the Flood Control
13 Project Evaluation Committee prior to the beginning of the 2020 legislative session.
14 Prior to each legislative session beginning with the 1984 2023 regular session, the
15 evaluation committee shall submit a recommended list of projects, including
16 supporting data, to the Joint Committee on Transportation, Highways and Public
17 Works. The committee shall conduct hearings to receive the revision of the flood
18 information data base database called for in R.S. 38:90.2 and the recommendations
19 from the evaluation committee.
20 * * *
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)]
HB 691 Original 2017 Regular Session Hodges
Abstract: Establishes penalties for parishes and municipalities not applying for flood
control project funding.
Present law provides for revision of the flood control database by the La. Geological Survey
every four years.
Proposed law modifies present law by requiring the Floodplain Evaluation and Management
Commission review and revise the flood control database at least once every five years.
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HB NO. 691
Proposed law specifies that the Floodplain Evaluation and Management Commission
consists of the following:
(1)The Dept. of Transportation and Development.
(2)The Coastal Protection and Restoration Authority.
(3)The office of community development.
(4)The Governor's Office of Homeland Security and Emergency Preparedness.
(5)A member from the House Committee on Transportation, Highways and Public
Works.
(6)A member from the Senate Committee on Transportation, Highways, and Public
Works.
Proposed law requires the Floodplain Evaluation and Management Commission to ensure
that no development in a parish or municipality will have negative or detrimental effects on
another parish or municipality.
Proposed law requires the Floodplain Evaluation and Management Commission to ensure
that work in any basin area across parish or municipal boundaries is performed according
to contractual obligations or state law.
Proposed law requires the Floodplain Evaluation and Management Commission to report to
the Joint Committee on Transportation, Highways, and Public Works at the beginning of the
next legislative session if they fail to perform the review and revision of the database.
Present law allows parishes and municipalities to apply for state funding for flood-control
projects.
Proposed law requires that Sep. 1
st
of the year immediately following a gubernatorial disaster
declaration, the Dept. of Transportation and Development send notice to any eligible
municipality or parish specifying eligible flood-control projects.
Proposed law requires that by Oct. 1
st
of the year following the disaster declaration a parish
or municipality must submit an application for flood-control project funding.
Proposed law requires the Dept. of Transportation and Development to send notice to those
municipalities or parishes that do not apply for funding by the application deadline
indicating they must apply within 180 days in order to be eligible for funding.
Present law authorizes the Coastal Protection and Restoration Authority Board, La.
Geological Survey, division of administration, U.S. Soil Conservation Service, and other
agencies to review applications.
Proposed law removes the La. Geological Survey from the list of agencies reviewing
applications.
Present law requires that the final revision of the flood information database by the La.
Geological Survey be furnished to the Joint Committee on Transportation, Highways and
Public Works and the Flood Control Project Evaluation Committee prior to the 1983 regular
session.
Proposed law modifies present law such that the final revision of the flood information
database by the Floodplain Evaluation and Management Commission to be furnished to the
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HB NO. 691
Joint Committee on Transportation, Highways and Public Works and the Flood Control
Project Evaluation Committee prior to the 2022 regular session.
Proposed law requires that the final revision of the flood information database pertaining to
the Amite River Basin be furnished to the Joint Committee on Transportation, Highways and
Public Works and the Flood Control Project Evaluation Committee prior to the 2020 regular
session.
Present law requires the Flood Control Project Evaluation Committee to submit a list of
recommended projects, and supporting data, to the Joint Committee on Transportation,
Highways and Public Works beginning with the 1984 regular session
Proposed law modifies present law such that the Flood Control Project Evaluation
Committee must submit a list of recommended projects, and supporting data, to the Joint
Committee on Transportation, Highways and Public Works beginning with the 2023 regular
session.
(Amends R.S. 38:90.2(A), 90.4(A)(1) and (B)(1), and 90.5(A); Adds R.S. 38:90.2(C) and
90.4(A)(3))
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