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