Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB279 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 239 (SB 279) 2018 Regular Session	Morrish
New law creates the Calcasieu-Cameron Navigation District in Calcasieu and Cameron
parishes to improve and maintain the Calcasieu River and to serve as agent for the state of
Louisiana which is the local sponsor and nonfederal sponsor for the Calcasieu River and
Pass Project (the project).
Excludes from the district's territory any facility that compensates any other public
navigation district for dredging or managing dredge material.
Requires the district to function as the single entity responsible for acting to secure rights-of-
way, and to furnish assurances for the construction, operation, and maintenance of the
project as designated by the United States Army Corps of Engineers. Provides for the district
to provide the nonfederal sponsor's local cost share, including requirements presently in
effect or in the future required by law, regulation, or assurance agreements, requirements for
new features or project modifications, and requirements to provide real estate, rights-of-way,
and easements for sites to dispose of dredged materials.
Provides for the Lake Charles Harbor and Terminal District to continue as the nonfederal
sponsor for the project as provided in R.S. 34:218 until such time as an ad valorem tax is
passed by a majority of the qualified electors in each parish within the district and receipt
of tax monies by the district.
Prohibits the district from engaging in port activities as defined in R.S. 34:218 within its
territory.
Provides that Calcasieu Parish is the district's domicile, but allows district offices to be
maintained in Cameron Parish. Provides that the district's secretary may reside in Calcasieu
or Cameron Parish and that the district's books and records shall be kept where the secretary
resides.
Provides for the district to be governed by a five-member board of commissioners appointed
as follows:
(1)The port director of the Cameron Parish Port, Harbor, and Terminal District, or his
designee.
(2)The port director of the Lake Charles Harbor and Terminal District, or his designee.
(3) A state-commissioned river port pilot appointed by the Associated Branch Pilots for
the Port of Lake Charles.
(4)Two commissioners appointed by the governor and subject to Senate confirmation,
representing separate facilities that utilize the Calcasieu Ship Channel for commerce
involving deep draft seagoing vessels, one representing a facility located in Cameron
Parish and one representing a facility located in Calcasieu Parish.
Provides for appointed commissioners to serve four-year terms and not more than two
consecutive terms and to serve without compensation except for payment of necessary
expenses incurred to attend board meetings or to attend to board business.
Provides for board members to elect a president, vice president, secretary, and treasurer but
allows one member to hold the offices of secretary and treasurer.
Provides for a regular board meeting each month and for special meetings upon the
president's call or the written request of three members.  Provides that a quorum is three
members.
Provides for the powers of the board necessary to maintain and improve the project,
including the collection of reasonable charges to use structures, works, and facilities
administered by the board and services rendered by the board.
Requires board contracts for construction or purchase of materials to be in accordance with
the Public Bid Law. Authorizes the board to levy annually an ad valorem tax not to exceed five mills on the
dollar on property subject to taxation in the district, provided that the levy is authorized by
a favorable vote of a majority of the qualified electors in each parish within the district at an
election called within three years of the effective date of new law and held for that purpose
according to existing law.
Authorizes the board to pledge all or part of its revenues to payment of bonds but specifies
that total annual tax collections shall not exceed $20 million.  Additionally, authorizes the
board, provided sufficient monies are received from the ad valorem tax, to make annual
payments as follows:
(1)$500,000 to the Cameron Parish Port, Harbor, and Terminal District.
(2)$500,000 to the Lake Charles Harbor and Terminal District.
(3)$300,000 to the West Calcasieu Port.
(4)$200,000 to the Vinton Harbor and Terminal District.
Provides for sunset of the district on July first of the year following an unfavorable vote to
pass and levy an ad valorem tax.
Authorizes the board to incur debt and to issue tax-secured bonds with approval of the State
Bond Commission in accordance with existing law not to exceed 40 years in duration and
to bear interest not to exceed five percent per annum, payable semiannually, subject to terms
of redemption not to exceed one hundred five percent of bond principal.
Effective August 1, 2018.
(Adds R.S. 34:481-490)