SLS 17RS-739 ORIGINAL
2017 Regular Session
SENATE BILL NO. 249
BY SENATOR CHABERT
FUNDS/FUNDING. Dedicates certain revenue received by the state from the federal
government via the Gulf of Mexico Energy and Security Act. (7/1/17)
1 AN ACT
2 To enact R.S. 49:214.5.4(E)(5), relative to the Coastal Protection and Restoration Fund; to
3 provide for the disbursement of monies in the fund for hurricane protection purposes;
4 to define certain terms; to provide for effectiveness; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:214.5.4(E)(5) is hereby enacted to read as follows:
8 ยง214.5.4. Funding and resource allocation
9 * * *
10 E.
11 * * *
12 (5) Annually, the Coastal Protection and Restoration Authority Board
13 shall, subject to legislative appropriation, disburse to the primary levee districts
14 of coastal parishes, as defined herein, an amount equal to eighty-five percent of
15 the revenues described in Subsection E of this Section. Such revenues shall be
16 used solely for the purpose of hurricane protection within the particular coastal
17 parishes to which the revenues are allocated. The board shall modify its annual
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 249
SLS 17RS-739 ORIGINAL
1 plan to account for these disbursements.
2 (a) For purposes of this Paragraph, the following entities shall be
3 considered to be the primary levee districts for the specified parishes and the
4 revenues allocated to such parishes shall be distributed to such districts in the
5 percentages indicated:
6 (i) For the parishes of Assumption and St. Martin, one hundred percent
7 to the Lafourche Basin Levee District.
8 (ii) For the parishes of Calcasieu, Cameron, and Vermilion, one hundred
9 percent to the Chenier Plain Coastal Restoration and Protection Authority.
10 (iii) For Iberia Parish, one hundred percent to the Iberia Parish Levee,
11 Hurricane, and Conservation District.
12 (iv) For Jefferson Parish, twelve and one-half percent to the Southeast
13 Louisiana Flood Protection Authority-East, twelve and one-half percent to the
14 Southeast Louisiana Flood Protection Authority-West Bank, thirty-seven and
15 one-half percent to the Grand Isle Independent Levee District, and thirty-seven
16 and one-half percent to the Lafitte Area Independent Levee District.
17 (v) For Lafourche Parish, fifty percent to the North Lafourche
18 Conservation, Levee and Drainage District and fifty percent to the South
19 Lafourche Levee District.
20 (vi) For the parishes of Livingston and Plaquemines, one hundred
21 percent to the respective parish governing authorities.
22 (vii) For Orleans Parish, fifty percent to the Southeast Louisiana Flood
23 Protection Authority-East and fifty percent to the Southeast Louisiana Flood
24 Protection Authority-West Bank.
25 (viii) For the parishes of St. Bernard and Tangipahoa, one hundred
26 percent to the Southeast Louisiana Flood Protection Authority-East.
27 (ix) For the parishes of St. Charles, St. James, and St. John the Baptist,
28 fifty percent to the Lafourche Basin Levee District and fifty percent to the
29 Pontchartrain Levee District.
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SLS 17RS-739 ORIGINAL
1 (x) For St. Mary Parish, one hundred percent to the St. Mary Levee
2 District.
3 (xi) For St. Tammany Parish, one hundred percent to the St. Tammany
4 Levee, Drainage, and Conservation District.
5 (xii) For Terrebonne Parish, one hundred percent to the Terrebonne
6 Levee and Conservation District.
7 (b) Of the amount paid by the board under Paragraph (E)(5) of this
8 Section:
9 (i) Twenty-five percent shall be allocated to each coastal parish in the
10 proportion that the coastal population of the coastal parish bears to the coastal
11 population of all coastal parishes in the state.
12 (ii) Twenty-five percent shall be allocated to each coastal parish in the
13 proportion that the number of miles of coastline of the coastal parish bears to
14 the number of miles of coastline of all coastal parishes in the state.
15 (iii) Fifty percent shall be allocated in amounts that are inversely
16 proportional to the respective distances between the points in each coastal
17 parish that are closest to the geographic center of each leased tract, as
18 determined by the secretary of the United States Department of the Interior.
19 (c) For the purposes of Item (E)(5)(a)(ii) of this Paragraph, the coastline
20 for coastal parishes without a coastline shall be considered to be one-third of the
21 average length of the coastline of all coastal parishes with a coastline in the
22 state.
23 (d) As used in Paragraph (E)(5) of this Section, except where the context
24 clearly requires otherwise, the words and expressions as used in this Section
25 shall be held to have the following meanings:
26 (i) "Coastal parish" means any parish that is:
27 (aa) Within the coastal zone (as defined in Section 304 of the Coastal
28 Zone Management Act of 1972 (16 U.S.C. 1453)) of the state as of August 8,
29 2005.
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SLS 17RS-739 ORIGINAL
1 (bb) Not more than two hundred nautical miles from the geographic
2 center of any leased tract.
3 (ii) "Coastal population" means the population, as determined by the
4 most recent official data of the federal census bureau, of each parish any part
5 of which lies within the designated coastal boundary of the state (as defined in
6 the state's coastal zone management program under the Coastal Zone
7 Management Act of 1972 (16 U.S.C. 1451 et seq.)).
8 (iii) "Coastline" means the line of ordinary low water along that portion
9 of the coast which is in direct contact with the open sea and the line marking the
10 seaward limit of inland waters.
11 (iv) "Distance" means the minimum great circle distance, measured in
12 statute miles.
13 (v) "Leased tract" means a tract that is subject to a lease under Section
14 1335 or 1337 of Title 43 of the United States Code for the purpose of drilling for,
15 developing, and producing oil or natural gas resources.
16 * * *
17 Section 2. This Act shall become effective on July 1, 2017.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 249 Original 2017 Regular Session Chabert
Proposed law provides that eighty-five percent of the federal revenues that are received by
the state generated from Outer Continental Shelf oil and gas activity for the previous fiscal
year shall be disbursed annually to primary levee districts for the purpose of hurricane
protection in accordance with particular formulas. Further requires the Coastal Protection
and Restoration Authority Board to modify its annual plan to account for these
disbursements.
Effective July 1, 2017.
(Adds R.S. 49:214.5.4(E)(5))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.