ENROLLED
2018 Regular Session
HOUSE BILL NO. 688
BY REPRESENTATIVE LYONS
1 AN ACT
2 To amend and reenact Chapter 20 of Subtitle II of Title 30 of the Louisiana Revised States
3 of 1950 comprised of R.S. 30:2501 through 2521, the heading of Part I of Chapter
4 21 of Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950, R.S.
5 30:2531(C)(4), R.S. 47:463.43(Section Heading), and R.S. 56:10(B)(15) and to
6 repeal R.S. 30:2521 through 2530, 2537 through 2543, and 2546(D) and R.S.
7 36:239(B)(6), relative to environmental education and litter reduction; to provide
8 relative to the powers, duties, functions, and responsibilities of the Department of
9 Wildlife and Fisheries relative to environmental education and litter reduction; and
10 to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. Chapter 20 of Subtitle II of Title 30 of the Louisiana Revised States of
13 1950 comprised of R.S. 30:2501 through 2521, the heading of Part I of Chapter 21 of
14 Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950, and R.S. 30:2531(C)(4) are
15 hereby amended and reenacted to read as follows:
16 CHAPTER 20. LOUISIANA ENVIRONMENTAL EDUCATION AND LITTER
17 REDUCTION ACT
18 §2501. Title
19 This Chapter may be cited as the "Louisiana Environmental Education and
20 Litter Reduction Act".
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1 §2502. Legislative findings
2 A. It is in the public interest that a comprehensive and balanced
3 environmental education initiative be undertaken that will result in environmentally
4 literate citizens who will effectively and constructively solve existing environmental
5 problems, prevent new ones, and maintain a sustainable environment for future
6 generations. The appropriate audiences for environmental education include formal
7 education, business, government, nonprofit organizations, and citizens.
8 B. Characteristics of an environmentally literate citizenry must include:
9 (1) An understanding of the right of every person to own, control, use, enjoy,
10 and dispose of private property, subject only to reasonable regulation.
11 (2) An understanding that the Louisiana Constitution requires the use of a
12 balancing process in environmental protection decisions in which environmental
13 costs and benefits must be given full and careful consideration along with economic,
14 social, and other factors.
15 (3) Ecological literacy, including a basic understanding of ecological
16 principles and concepts and their application, the cause and effect relationship
17 between human health and the environment, and the economics of that relationship.
18 (4) Civic literacy, including a basic understanding of the decisionmaking
19 processes of governments, business, and other social, political, and economic
20 institutions impinging upon environmental issues.
21 (5) Mathematical, technological, and scientific literacy, including an
22 understanding of the basic concepts of mathematics and science to evaluate
23 environmental problems and make sound decisions regarding their resolution.
24 (6) Personal and social action skills, including developing and using skills
25 such as problem solving, risk analysis, and integrating diverse perspectives to
26 understand and contribute to decision-making processes.
27 (7) Attitudes, including the expression of care for other humans, present and
28 future, and for other components of the environment. These attitudes also affect
29 understanding of ecology and civic responsibility.
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1 (8) Motivation for action, including the commitment to act for a healthy
2 environment based on one's attitudes, knowledge, and skills.
3 C. The legislature declares that it is the intent of this Chapter to create a
4 balanced statewide environmental education program for the purpose of identifying
5 the needs and setting priorities for environmental education within the state.
6 §2503. Louisiana Environmental Education Commission; creation; membership;
7 duties
8 A.(1) There is hereby created, within the Department of Wildlife and
9 Fisheries, the Louisiana Environmental Education Commission, hereinafter referred
10 to as the "commission".
11 (2) The commission shall consist of the secretary of the Department of
12 Wildlife and Fisheries or his designee, the state superintendent of education or his
13 designee, the secretary of the Department of Environmental Quality or his designee,
14 the secretary of the Department of Natural Resources or his designee, the secretary
15 of the Louisiana Department of Health or his designee, the commissioner of the
16 Department of Agriculture and Forestry or his designee, the chancellor of the
17 Louisiana State University Agricultural Center or his designee, the chancellor of
18 Southern University Agricultural and Mechanical College or his designee, and the
19 following members appointed by the governor:
20 (a) One member of the Board of Regents or his designee.
21 (b) Two members representing environmental advocacy organizations.
22 (c) Two members representing the industrial community.
23 (d) One member representing the small business community.
24 (e) One member representing local governments.
25 (f) One member of the Board of Elementary and Secondary Education.
26 (g) One member who is a professional environmental scientist.
27 (h) Seven environmental educators, one from each congressional district and
28 the remaining environmental educator or educators from the state at large, to be
29 recommended by the president of the Louisiana Environmental Educators
30 Association.
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1 (i) One member of the Louisiana Science Teachers' Association.
2 (j) The secretary of the Department of Culture, Recreation and Tourism or
3 his designee.
4 B. The initial term of the members of the commission shall be staggered in
5 one, two, or three-year increments. After the initial term, all future terms shall be for
6 three years. Annually, in December of each year, the commission shall elect a
7 chairman and vice chairman whose terms shall commence on the following January
8 first and end on December thirty-first.
9 C. The commission shall:
10 (1) Develop, review, approve, and transmit a plan for environmental
11 education to the governor, the legislature, and the public.
12 (2) Advise and assist the secretary of the Department of Wildlife and
13 Fisheries, the governor, the legislature, the secretary of the Department of
14 Environmental Quality, and other state agencies, including university extension
15 services, conservation and environmental organizations, community action groups,
16 and nature and environmental centers on policies and practices needed to provide
17 environmental education.
18 (3) Serve as a forum for the discussion and study of problems that affect the
19 environment and environmental education.
20 (4) Assist and obtain information from various sources to coordinate the
21 environmental education programs of federal and state agencies.
22 §2522. §2504. Definitions
23 As used in this Part, the following words have the meanings ascribed to them
24 unless the context requires otherwise:
25 (1) "Commission" means the Louisiana Litter Reduction and Public Action
26 Environmental Education Commission.
27 (2) "Department" means the Department of Environmental Quality Wildlife
28 and Fisheries.
29 (3) "Dispose" means to throw, discard, place, deposit, discharge, burn, dump,
30 drop, eject, or allow the escape of a substance.
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1 (4) "Litter" means all waste material except as provided and defined in R.S.
2 30:2173(2), including but not limited to disposable packages, containers, sand,
3 gravel, rubbish, cans, bottles, refuse, garbage, trash, cigarettes, cigarette butts, cigars,
4 cigarillos, cigar or cigarillo tips, debris, dead animals, furniture or appliances,
5 automotive parts including but not limited to tires and engines, trailers, boats and
6 boating accessories, tools and equipment, and building materials, roofing nails, or
7 other discarded materials of any kind and description. While being used for or
8 distributed in accordance with their intended uses, litter shall not include political
9 pamphlets, handbills, religious tracts and newspapers, and other similar printed
10 materials, the unsolicited distribution of which is protected by the Constitution of the
11 United States or the Constitution of Louisiana. Litter shall not include agricultural
12 products that are being transported from the harvest or collection site to a processing
13 or market site if reasonable measures are taken to prevent the agricultural product
14 from leaving the transporting vehicle. Litter shall also not include recyclable
15 cardboard being transported in compressed bundles to processing facilities.
16 "Agricultural product" as used in this definition means all crops, livestock, poultry,
17 and forestry, and all aquacultural, floracultural, horticultural, silvicultural, and
18 viticultural products.
19 (5) "Local governing authority" means the governing authority of the parish
20 or the governing authority of the municipality in which the littering offense was
21 committed.
22 (6) "Public or private property" means the right-of-way of any road or
23 highway, levee, any body of water or watercourse or the shores or beaches thereof,
24 any park, playground, building, refuge, or conservation or recreation area, and
25 residential or farm properties, timberlands, or forests.
26 (7) "Section" means the environmental education and litter reduction and
27 public action section located within and acting through the Department of
28 Environmental Quality Wildlife and Fisheries.
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1 §2524. §2505. Donations and grants; Louisiana Litter Abatement Grant Program
2 A. The section is hereby authorized to accept, administer, and make use of
3 federal, state, and any local and private appropriations, any public and private grants
4 and donations, and, when it is deemed appropriate and feasible, to accept
5 nonmonetary funding in the form of services or equipment for use in connection with
6 any of the programs or purposes of this Part.
7 B.(1) The Louisiana Litter Abatement Grant Program is hereby created
8 within the section for the purpose of supporting community-based litter abatement
9 programs.
10 (2) Grants through the program shall be made available to local governments
11 and nonprofit organizations. Funding through the grant program shall be subject to
12 the availability of funds and shall be awarded on a comparative basis to be
13 determined by the section.
14 (3) The monies awarded through the grants shall be used to further the
15 administration and execution of the Keep Louisiana Beautiful Program. Allowable
16 uses of grant funding shall include but not be limited to the following:
17 (a) Keep America Beautiful fees.
18 (b) Keep America Beautiful pre-certification training, education curriculums,
19 and workshops.
20 (c) Law enforcement seminars.
21 (d) Litter surveys.
22 (e) Projects, services, activities, and operational costs of litter abatement
23 programs.
24 (f) Materials and services for program development and training.
25 (g) Direct expenditures for materials that can facilitate litter reduction,
26 recycling, waste reduction, reuse, and general solid waste management programs.
27 (h) Minimal advertising, public relations, and promotional materials
28 necessary for publicity and promotion of program activities.
29 (i) Salary of the program coordinator and staff.
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1 (4) Each successful applicant shall supplement grant funds with a
2 twenty-five percent match from other sources. All matching funds must be available
3 to the program after the date of the grant award, and funds spent prior to the grant
4 award shall not be considered in fulfillment of the match requirement.
5 (5) The department, in cooperation with the section, shall promulgate rules
6 and regulations to implement this Subsection which shall include but not be limited
7 to program submission and program administration requirements.
8 §2525. Litter reduction and public action section; §2506. Environmental Education
9 and Litter Reduction Section; staff; powers and duties; cooperation; funding
10 A. There is hereby created, within the Department of Wildlife and Fisheries,
11 office of wildlife, the environmental education and litter reduction section which
12 shall, under the direction of its coordinator, assist the commission and perform
13 responsibilities relative to education and litter control as provided for in this Chapter.
14 Insofar as funds are appropriated, additional staff shall be allowed may be employed
15 under the direction and control of the secretary and in accordance with policies of the
16 department.
17 B. The section shall implement the provisions of this Part relative to
18 environmental education, including the following:
19 (1) To administer Administer and implement environmental education
20 programs on behalf of the commission.
21 (2) Review the status of and design plans for environmental education in the
22 state regularly at the direction and with the assistance of the commission.
23 (3) To implement Implement, administer and evaluate a grants programs
24 benefiting K-12 students, graduate researchers, professional development, and other
25 initiatives supporting environmental education.
26 (3) (4) To promote Promote and aid in the establishment and assessment of
27 elementary and secondary school environmental education programs through
28 cooperation with the Department of Education and the Board of Elementary and
29 Secondary Education.
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1 (4) (5) To promote Promote and aid in the development of pre-service and
2 in-service environmental education programs for environmental educators, formal
3 and non-formal, through cooperation with the Board of Regents and the state's
4 colleges and universities.
5 (5) (6) To cooperate Cooperate with state and federal agencies and the
6 private sector in developing, promoting, conducting, and evaluating programs of
7 environmental education.
8 (6) (7) To function Function as an environmental education clearinghouse
9 by doing the following:
10 (a) Reviewing and recommending environmental education materials
11 (b) Establishing an electronic capacity to disseminate databases of
12 environmental education information, formal and non-formal, and to network with
13 interstate and federal programs.
14 (c) Cooperating with state and federal agencies and organizations in the
15 development and distribution of an environmental education newsletter.
16 (7) (8) To promote Promote the development of cooperative environmental
17 education initiatives with the private sector.
18 (8) (9) To initiate Initiate, develop, implement, assess, and market
19 non-formal environmental education programs; facilitate, encourage, and support
20 multi-school district cooperative efforts to determine the need for, develop, and
21 assess environmental education curricula, promote state government and private
22 sector policy that is consistent with the environmental education strategic plan
23 established; and coordinate non-formal environmental education with elementary,
24 secondary, and postsecondary environmental education programs.
25 (9) (10) To coordinate Coordinate environmental education conferences to
26 assist in the dissemination, development, and achievement of the state's
27 environmental education goals.
28 (10) C. The section shall perform and have implement responsibilities the
29 provisions of this Part relative to litter control awareness, including the following:
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1 as provided for in sections 2522, 2524, 2525 beginning with C., 2530, 2537-2541,
2 2547, 2548
3 (1) Develop and implement publicity, educational, and motivational
4 campaigns to build and sustain public awareness of litter and of the unacceptability
5 of littering and to create a litterless ethic.
6 (2) Serve as the coordinating agency between various government and
7 private organizations seeking to aid in litter control and reduction and recycling
8 efforts.
9 (3) Assist local governments in the adoption and revision of ordinances
10 aimed at litter control and reduction.
11 (4) Encourage, organize, and coordinate voluntary campaigns seeking to
12 focus the attention of the public on programs to control and reduce litter and increase
13 public awareness.
14 (5) Provide encouragement of and increased funds for litter cleanup and
15 collection, litter prevention, and cleanup equipment.
16 (6) Promote litter abatement and control and encourage recycling.
17 (7) Promote public awareness and education.
18 (8) Assist local governments, industries, and other organizations which aid
19 in anti-litter efforts.
20 (9) Cooperate with local governments to accomplish coordination of local
21 anti-litter efforts.
22 (10) Encourage, organize, and coordinate voluntary local anti-litter
23 campaigns seeking to focus the attention and participation of the public on the laws
24 of this state enacted to control and remove litter and to provide for the recycling of
25 trash materials.
26 (11) Investigate the availability of and apply for funds from any private or
27 public source to be used for the purposes of this Part.
28 (12) Exchange information directly with judges, district and municipal
29 attorneys, Louisiana state police, and local law enforcement officers on enforcement
30 mechanics and offer technical assistance.
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1 (13) Award grants and provide financial assistance on a local level in
2 accordance with rules adopted pursuant to this Part in order to achieve the purposes
3 of this Part and award certificates of achievement for litter abatement.
4 (14) Investigate methods, and monitor effectiveness of this Part and of
5 techniques in the control of litter and develop, encourage, and coordinate litter
6 control within the state.
7 (15) Provide an annual report to the House Committee on Natural Resources
8 and Environment and the Senate Committee on Natural Resources giving details
9 regarding the success of the section's efforts to comply with the above duties or any
10 other duties required of it by law.
11 (16) Approve and disburse financial assistance to any local government or
12 nonprofit organization which, in written application, seeks such assistance to
13 implement a local litter prevention or abatement program.
14 §2529. §2507. Removal of litter; responsibility
15 The duty to remove litter from receptacles placed at publicly-owned publicly
16 owned parks, beaches, campgrounds, trailer parks, roadside parks, and other property
17 shall remain with those state and local agencies performing litter removal within
18 their respective jurisdictions. The duty to remove litter from litter receptacles placed
19 on private property which is used by the public shall remain with the owner.
20 §2530. §2508. Anti-litter campaign; industrial and civic cooperation requested
21 In order to aid in the statewide anti-litter campaign authorized by this Part,
22 the commission and the section shall may solicit the assistance and active
23 cooperation of industry and private civic organizations which are active in anti-litter
24 efforts with the commission and the section or a local government as approved under
25 authority of this Part so that additional effect may be given to the campaign to
26 eradicate litter within the state.
27 §2537. §2509. Adopt-a-beach program
28 In order to fulfill the obligations and responsibilities assigned to it under R.S.
29 30:2521, the section shall may develop a program to be known as "adopt-a-beach",
30 whereby an industry or a private civic organization may adopt one mile of Louisiana
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1 beach for the sole purpose of controlling litter along that section of beach. Included
2 in the responsibilities of any industry or private civic organization which chooses to
3 participate in the program shall be the following:
4 (1) Development of a functional plan to influence and encourage the public
5 to improve the appearance of the adopted section of beach.
6 (2) A general clean up clean-up of the area at least twice a year.
7 (3) Assistance to the section in securing media coverage for the program.
8 §2538. §2510. Trash bash program Community improvement program
9 In order to fulfill the obligations and responsibilities assigned to it under R.S.
10 30:2521, the section shall develop may coordinate a community improvement
11 program known as "trash bash program", whereby an annual coordinated cleanup
12 shall may be conducted during the spring Easter weekend encouraging local groups
13 to clean streets, alleys, public areas, adopted roads and beaches, and state and parish
14 highways in surrounding areas. Beautification programs shall may be conducted
15 along with the trash bash program clean up programs at schools, public buildings and
16 grounds, median areas, entrances to subdivisions, commercial areas, and other
17 similar areas. Graffiti removal and excess signage removal programs shall may be
18 held simultaneously.
19 §2539. §2511. Beach sweep program
20 In order to fulfill the obligations and responsibilities assigned to it under R.S.
21 30:2521, the section shall may develop a program known as " propose and encourage
22 beach sweep program" programs whereby an annual coordinated cleanup shall
23 cleanups may be conducted of on the state's seventy-six miles of beaches. The beach
24 sweep program shall be conducted in September along with the other gulf states, and
25 shall may consist of removing debris and trash while conducting data collection to
26 ascertain sources of on marine debris.
27 §2540. §2512. Inland water cleanup
28 In order to fulfill the obligations and responsibilities assigned to it under R.S.
29 30:2521, the section shall develop a program known as " may promote and
30 encourage inland water cleanup" cleanups whereby a waterway cleanup shall may
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1 be conducted annually by local groups to clean rivers, bayous, lakes, streams, and
2 other waterways encouraging beautification through proper waste disposal and
3 handling and placement of litter receptacles at parking lots and dock sites bordering
4 waterway entrances and exits removal of litter and debris.
5 §2541. §2513. Boaters' and fishermen's pledge
6 In order to fulfill the obligations and responsibilities assigned to it under R.S.
7 30:2521, the section shall develop may promote and encourage a program known as
8 "boaters' and fishermen's pledge" whereby the program shall may be conducted
9 asking sportsmen to sign a commitment to bring trash and debris generated in their
10 vehicle or boat back home or to proper disposal receptacles.
11 §2547. §2514. Adopt-a-byway program
12 A. In order to fulfill the obligations and responsibilities assigned to it under
13 R.S. 30:2521, the section shall may develop promote and encourage a program to be
14 known as "adopt-a-byway", whereby an organization which owns, uses, or leases
15 property adjacent to a parish maintained road may adopt a section of such road for
16 the sole purpose of controlling litter along that section. Included in the
17 responsibilities of any organization which chooses to participate in the program shall
18 may be the following:
19 (1) Development of a functional plan to influence and encourage the public
20 to improve the appearance of the adopted section of the road.
21 (2) A general cleanup of the area at least twice a year.
22 (3) Assistance to the section in securing media coverage for the program.
23 B. Any parish or municipality which develops an "adopt-a-byway" program
24 shall coordinate the adoption of rules governing the program with the section.
25 C. Any parish or municipality which develops an "adopt-a-byway" program
26 may use funds received from the collection of fines provided for under the provisions
27 of R.S. 30:2532(A) to place a sign upon a portion of a road identifying the
28 organization which has adopted such portion of the road.
29 (R.S. 30:2548(C) D. The Department of Transportation and Development
30 may promulgate rules and regulations to implement the provisions of this Section
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1 regarding the placement, construction, and maintenance of the signs provided for in
2 this Section.
3 §2548. §2515. Adopt a Water Body program
4 A. In order to fulfill the obligations and responsibilities assigned to it under
5 R.S. 30:2521, the section shall develop may promote and encourage a program to be
6 known as "Adopt a Water Body", whereby a business or a private civic organization
7 may adopt a portion of a public bayou, stream, creek, river, or lake for the sole
8 purpose of controlling litter. Included in the responsibilities of any business or
9 private civic organization which chooses to participate in the program shall be the
10 following may be as follows:
11 (1) Development of a functional plan to influence and encourage the public
12 to improve the appearance of the adopted portion of a public water body.
13 (2) A general cleanup of the area at least twice a year.
14 (3) Assistance to the section in securing media coverage for the program.
15 B. Any organization which adopts a portion of a public bayou, stream, creek,
16 river, or lake may place a sign identifying the organization on an interstate highway
17 or state highway within two hundred feet of the adopted water body upon approval
18 of the Department of Transportation and Development. Such a sign may also be
19 placed on the bank of the adopted water body with the approval of the riparian
20 landowner.
21 * * *
22 CHAPTER 21. STATEWIDE BEAUTIFICATION
23 PART I. LOUISIANA LITTER REDUCTION AND
24 PUBLIC ACTION COMMISSION VIOLATIONS AND PENALTIES
25 §2531. Intentional littering prohibited; criminal penalties; simple littering prohibited;
26 civil penalties; special court costs
27 * * *
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1 C. Whoever violates the provisions of this Section shall pay special court
2 costs of one hundred dollars in lieu of other costs of court and the special court costs
3 shall be disbursed as follows:
4 * * *
5 (4) Twenty-five dollars shall be paid to the state treasury for credit to the
6 Keep Louisiana Beautiful Fund Litter Abatement and Education Account.
7 * * *
8 Section 2. R.S. 47:463.43(Section Heading) is hereby amended and reenacted to read
9 as follows:
10 §463.43. Special license plates; environmental education division and litter
11 reduction section
12 * * *
13 Section 3. R.S. 56:10(B)(15) is hereby amended and reenacted to read as follows:
14 §10. Annual report to governor; estimate of proposed expenditures; particular funds;
15 limitations on purposes for use of monies in particular funds; warrants;
16 vouchers; surplus funds
17 * * *
18 B.
19 * * *
20 (15)(a) There is hereby created within the Conservation Fund a special
21 account known as the "litter abatement and education account" which shall consist
22 of donations collected from the sale of the environmental education license plate
23 provided for in R.S. 47:463.43; revenue received by the Conservation Fund from the
24 Department of Public Safety and Corrections, office of motor vehicles as provided
25 in R.S. 32:412; revenue received by the Conservation Fund from fines for violations
26 of the provisions of Part I of Chapter 21 of Subtitle II of Title 30 as provided in R.S.
27 30:2531 and 2532; funds from public or private donations and any other source
28 which may specify deposit to this account; and any remaining balance in the
29 Louisiana Environmental Education Fund as of August 15, 2011. The revenues shall
30 be subject to the same requirements as provided for other revenues placed in the
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1 Conservation Fund in Paragraph (1) of this Subsection. The funds in this account
2 shall be used solely for litter abatement and enforcement; public service
3 announcements; develop, review, approve, and implement a plan for statewide
4 environmental education; for the training of operators of vehicles regarding littering;
5 to finance local littering enforcement activities in order to promote public safety,
6 order, and general welfare by making the streets, roads, rivers, streams, bayous,
7 lakes, waterways, and highways of Louisiana clean, safe, and free of debris, litter,
8 and other material falling from or being thrown from vehicles; and to award grants
9 to nonprofit organizations and public agencies for the development, dissemination,
10 and assessment of such education programs.
11 (b) The funds in this account shall be used solely for the following:
12 (i) To develop, review, approve, and implement a plan for statewide
13 environmental education.
14 (ii) To provide for environmental education grant programs in the state.
15 (iii) To develop an environmental education curriculum framework.
16 (iv) To develop guidelines for incorporating environmental education into
17 teacher education requirements.
18 (v) To develop environmental education teacher professional development.
19 (vi) To provide for formal environmental education.
20 (vii) To provide for litter abatement and enforcement.
21 (viii) To support community-based litter abatement programs.
22 (ix) To develop, disseminate, and assess litter education and awareness
23 programs and materials.
24 * * *
25 Section 4. R.S. 30:2521 through 2530, 2537 through 2543, 2546(D) are hereby
26 repealed in their entirety.
27 Section 5. R.S. 36:239(B)(6) is hereby repealed in its entirety.
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1 Section 6. The Louisiana Law Institute is hereby directed to re-designate R.S.
2 30:2505 through 2510 to be R.S. 30:2516 through 2521.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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