HLS 17RS-3672 ORIGINAL
2017 Regular Session
HOUSE RESOLUTION NO. 203
BY REPRESENTATIVE ZERINGUE
LEVEES/BDS & DISTRICTS: Urges and requests the Coastal Protection and Restoration
Authority and the Southeast Louisiana Flood Protection Authority-East and West
Bank to study the feasibility of spending funds across the various levee districts
1 A RESOLUTION
2To urge and request the Coastal Protection and Restoration Authority, in cooperation with
3 the Southeast Louisiana Flood Protection Authority-East and the Southeast Louisiana
4 Flood Protection Authority-West Bank, to study and make recommendations
5 regarding flood protection authority spending across the various levee districts
6 within each regional flood protection authority and to report the findings to the
7 House and Senate committees on transportation, highways and public works, the
8 Senate Committee on Natural Resources, the House Committee on Natural
9 Resources and Environment, and the member of the House of Representatives
10 representing House District Number 52 on or before December 31, 2017.
11 WHEREAS, the Coastal Protection and Restoration Authority is established as the
12single state entity with authority to articulate a clear statement of priorities and to focus
13development and implementation efforts to achieve comprehensive coastal protection for
14Louisiana; and
15 WHEREAS, the Coastal Protection and Restoration Authority is responsible for the
16inspection functions of levee and flood protection projects and flood control systems
17throughout Louisiana and for the construction, operation, and maintenance of coastal and
18watershed erosion projects throughout coastal Louisiana, including the Hurricane and Storm
19Damage Risk Reduction System; and
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HR NO. 203
1 WHEREAS, to provide aggressive state leadership, direction, and consonance in the
2development and implementation of policies, plans, and programs to achieve comprehensive
3integrated coastal protection, including the encouragement of multiple uses of the coastal
4area and to achieve a proper balance between development and conservation, restoration,
5creation, and nourishment of renewable coastal resources, the legislature places
6responsibility for the direction and development of the state's comprehensive master coastal
7protection plan with the Coastal Protection and Restoration Authority Board within the
8office of the governor; and
9 WHEREAS, R.S. 49:214.5.2 requires the Coastal Protection and Restoration
10Authority Board to represent the state's position on policy relative to the protection,
11conservation, enhancement, and restoration of the coastal area of the state through oversight
12of integrated coastal protection projects and programs and by addressing activities which
13require a coastal use permit, which could significantly affect integrated coastal protection
14projects and programs; and
15 WHEREAS, R.S. 49:214.1 charges the state of Louisiana with developing,
16implementing, and enforcing a comprehensive coastal protection plan, as well as ensuring
17that the plan incorporates a systems approach to integrate hurricane protection and coastal
18restoration efforts, in order to achieve long-term and comprehensive integrated coastal
19protection; and
20 WHEREAS, protecting Louisiana's citizens and property from injury and damage by
21natural disasters, such as flooding, is a fundamental role of state government, as flooding
22poses significant threats to public health and safety, transportation corridors, and economic
23activities; and
24 WHEREAS, Article VI, Section 38.1 of the Louisiana Constitution establishes
25regional flood protection authorities and charges those authorities with constructing and
26maintaining levees, levee drainage, flood protection, and hurricane flood protection within
27each regional flood protection authority's jurisdiction; and
28 WHEREAS, the Southeast Louisiana Flood Protection Authority-East is composed
29of the East Jefferson Levee District, the Lake Borgne Basin Levee District, the Orleans
30Levee District, and the Tangipahoa Levee District; and
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HR NO. 203
1 WHEREAS, the Southeast Louisiana Flood Protection Authority-West Bank is
2composed of the West Jefferson Levee District and the Algiers Levee District; and
3 WHEREAS, R.S. 38:330.3(A)(1)(c) prohibits regional flood protection authorities
4from spending taxes or other revenues collected in one levee district for the liabilities of any
5other levee district; and
6 WHEREAS, R.S. 38:330.3(B)(1) and (2) require that the taxes or other revenues of
7each levee district shall be used or expended only for the purpose of that levee district; and
8 WHEREAS, R.S. 38:330.3(B)(3) requires each regional flood protection authority
9to establish separate bank accounts in the name of each levee district and expressly prohibits
10the commingling of funds; and
11 WHEREAS, allowing flood protection authorities to spend funds across the various
12levee districts located within their respective territorial jurisdiction would provide a more
13efficient method of regional flood protection; and
14 WHEREAS, the state of Louisiana should consider establishing a proactive funding
15approach to fund flood protection projects within the regional flood protection authorities,
16which includes the ability to spend funds collected in one district to improve levee
17effectiveness in another district when such spending would improve regional flood
18protection; and
19 WHEREAS, spending funds across the various levee districts would provide a more
20comprehensive and sustainable approach to maintaining levees, including the Hurricane and
21Storm Damage Risk Reduction System.
THEREFORE, BE IT RESOLVED that the House 22 of Representatives of the
23Legislature of Louisiana does hereby urge and request the Coastal Protection and Restoration
24Authority, in cooperation with the Southeast Louisiana Flood Protection Authority-East and
25the Southeast Louisiana Flood Protection Authority-West Bank, to study and make
26recommendations regarding flood protection authority spending across the various levee
27districts within each regional flood protection authority.
28 BE IT FURTHER RESOLVED that the study conducted by the Coastal Protection
29and Restoration Authority shall include consideration and a determination of the following:
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HR NO. 203
1 (1) Whether allowing the regional flood protection authorities to spend funds across
2the various levee districts could benefit the state of Louisiana from a public health and
3safety, transportation, and economic perspective?
4 (2) Whether spending funds across the various levee districts will assist in the
5improvement of citizen protection and managing or eliminating property damage?
6 (3) Whether spending funds across the various levee districts will assist the state in
7reducing or eliminating the risk or occurrence of flood damage and the long-term negative
8effects caused by flood damage in Louisiana?
9 (4) Whether spending funds across the various levee districts would allow political
10subdivisions and municipalities to actively participate in prioritizing projects and partner on
11funding needs to solve issues, eliminate redundancies, complete projects more efficiently,
12and maintain the Hurricane and Storm Damage Risk Reduction System?
13 BE IT FURTHER RESOLVED that the Coastal Protection and Restoration Authority
14shall submit a written report to the House and Senate committees on transportation,
15highways and public works, the Senate Committee on Natural Resources, the House
16Committee on Natural Resources and Environment, and the member of the House of
17Representatives representing House District Number 52, detailing its findings and
18recommendations regarding regional flood protection authority spending across levee
19districts on or before December 31, 2017.
20 BE IT FURTHER RESOLVED that the Coastal Protection and Restoration Authority
21work with staff of the Senate and House committees on transportation, highways and public
22works, the Senate Committee on Natural Resources, and the House Committee on Natural
23Resources and Environment to develop legislation that proposes the authorization of flood
24protection authority spending across levee districts if the results of the study reveal or
25illustrate such funding would be beneficial.
26 BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the
27executive director of the Coastal Protection and Restoration Authority and the board of
28commissioners of the Southeast Louisiana Flood Protection Authority-East and the Southeast
29Louisiana Flood Protection Authority-West Bank.
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HR NO. 203
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)]
HR 203 Original 2017 Regular Session Zeringue
Urges and requests the Coastal Protection and Restoration Authority, in cooperation with
the Southeast La. Flood Protection Authority-East and Southeast La. Flood Protection
Authority-West Bank, to study and make recommendations regarding flood protection
authority spending across the various levee districts within each regional flood protection
authority.
Requires the submission of a written report to the House and Senate committees on
transportation, highways and public works, the Senate Committee on Natural Resources, the
House Committee on Natural Resources and Environment, and the state representative
representing House District No. 52. Also, requires these committees develop legislation to
authorize flood protection authority spending across levee districts, if the results of the study
prove such findings would be beneficial.
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