2018 Regular Session ENROLLED SENATE BILL NO. 427 BY SENATOR CHABERT 1 AN ACT 2 To amend and reenact R.S. 36:4(Z), 41:1706(A)(2) and (4), and 1709(A), to enact Subpart 3 B-1 of Part II of Chapter 2 of Title 49 of the Louisiana Revised Statutes of 1950, to 4 be comprised of R.S. 49:214.8.1 through 214.8.17, and to repeal Chapter 17 of 5 Subtitle 1 of Title 30 of the Louisiana Revised Statutes of 1950, comprised of R.S. 6 30:2000.1 through 2000.12, and R.S. 36:359(J), relative to the transfer of the 7 responsibilities of the Atchafalaya Basin Research and Promotion Board and the 8 Atchafalaya Basin Program from the Department of Natural Resources to the Coastal 9 Protection and Restoration Authority; to provide for the effect of such transfer on 10 previously executed partnerships, memoranda of understanding, and cooperative 11 endeavors; to provide for the transfer of all property; to provide for the effect of the 12 transfer on employees, legal proceedings, and contractual obligations; and to provide 13 for related matters. 14 Be it enacted by the Legislature of Louisiana: 15 Section 1. R.S. 36:4(Z) is hereby amended and reenacted to read as follows: 16 §4. Structure of executive branch of state government 17 * * * 18 Z.(1) The Governor's Advisory Commission on Coastal Protection, 19 Restoration and Conservation (R.S. 49:214.4.1) and the Coastal Protection and 20 Restoration Authority Board (R.S. 49:214.5.1 et seq.), and the Coastal Protection and Page 1 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 Restoration Authority (R.S. 49:214.6.1 et seq.), shall be placed within the office of 2 the governor and shall perform and exercise their powers, duties, functions, and 3 responsibilities as provided by law. 4 (2) The responsibilities of the Atchafalaya Basin Program (R.S. 5 49:214.8.1 et seq.) shall be placed within the Coastal Protection and Restoration 6 Authority and shall perform and exercise their powers, duties, functions, and 7 responsibilities as provided by law. 8 Section 2. R.S. 41:1706(A)(2) and (4) and 1709(A) are hereby amended and 9 reenacted to read as follows: 10 §1706. Classes of permits 11 A. * * * 12 (2) Class B Permits: Permits to construct bulkheads or flood protection 13 structures in proximity to the bank or shore, excluding bank stabilization works and 14 projects to facilitate the development, design engineering, implementation, 15 operation, maintenance, or repair of coastal or barrier island restoration integrated 16 coastal protection projects by the Department of Natural Resources Coastal 17 Protection and Restoration Authority under R.S. 49:214.1 214.6.1 et seq. or other 18 applicable law or projects for the Atchafalaya Basin Program. 19 * * * 20 (4) Class D Permits: Permits to construct structures other than wharves or 21 piers, excluding projects to facilitate the development, design engineering, 22 implementation, operation, maintenance or repair of coastal or barrier island 23 restoration integrated coastal protection projects by the Department of Natural 24 Resources Coastal Protection and Restoration Authority under R.S. 49:214.1 25 214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin Program. 26 * * * 27 §1709. Terms and conditions of leases 28 A. Owners or occupiers of encroachments, constructed pursuant to a permit 29 issued hereunder, and those existing upon state lands as of July 13, 1978, which are 30 otherwise lawful except for a permit, shall apply to the office for a lease of the Page 2 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 encroachment. No permit shall be required for projects to facilitate the development, 2 design, engineering, implementation, operation, maintenance, or repair of coastal or 3 barrier island restoration integrated coastal protection projects by the Department 4 of Natural Resources Coastal Protection and Restoration Authority under R.S. 5 49:214.1 214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin 6 Program. Where the best interests of the state and applicant will be served, a 7 noncompetitive lease shall be granted upon the conditions contained in this Chapter. 8 The term "noncompetitive lease" as used in this Chapter shall not refer to any 9 proposed use for which the lease is granted. All such leases shall be for a cash 10 consideration and such terms and other considerations as deemed most beneficial to 11 the state of Louisiana, considering the type and extent of the encroachment. The cash 12 and other considerations for the leases and renewals shall be based upon linear feet, 13 area, values of the improvement and the public land occupied, degree of impairment 14 to the public interest, and benefit to the owner, be it income, profit or otherwise, that 15 is derived by use of the public lands. The cash and considerations for leases of minor 16 commercial wharves and piers shall be a nominal fee, sufficient to cover the costs 17 of processing and administration by the office. If it is determined that the 18 considerations paid to the state are not reasonable, fair, and adequate value of the 19 lands occupied as of the date of renewal, additional cash, or other considerations may 20 be required of the lessee at that time in order that the state be justly compensated for 21 use of the public lands. All leases shall be reviewed and approved by the attorney 22 general prior to issuance or renewal. 23 * * * 24 Section 3. Subpart B-1 of Part II of Chapter 2 of Title 49 of the Louisiana Revised 25 Statutes of 1950, comprised of R.S. 49:214.8.1 through 214.8.17, is hereby enacted to read 26 as follows: 27 SUBPART B-1. ATCHAFALAYA BASIN PROGRAM 28 §214.8.1. Purpose 29 The provisions of this Subpart are intended to establish an Atchafalaya 30 Basin Program within the Coastal Protection and Restoration Authority to Page 3 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 serve as the authority on behalf of the state to work in partnership with the 2 United States Army Corps of Engineers and other public entities, and 3 coordinate state and local activities, in developing and implementing the 4 federally sponsored and funded Atchafalaya Basin Floodway System, Louisiana 5 Project. 6 §214.8.2. Definitions 7 As used in this Subpart, the following terms shall have the meaning 8 ascribed to them below: 9 (1) "Access project" means construction or renovation of a boat launch 10 or a roadway that provides access to areas of the Atchafalaya Basin, or 11 acquisition of a maximum of fifteen hundred acres, all in compliance with the 12 provisions of the state or federal master plans. 13 (2) "Annual basin plan" means the list of projects or stages of projects 14 to be undertaken in any single fiscal year. The annual basin plan shall be 15 included in the annual state integrated coastal protection plan provided for in 16 R.S. 49:214.2. 17 (3) "Atchafalaya Basin" means the area located within the guide levees 18 of the Atchafalaya Basin and those areas directly adjacent to the levees bounded 19 on the north by U.S. Highway 190 and on the south by Morgan City, and as 20 defined in the Atchafalaya Basin Floodway System, Louisiana Project. 21 (4) "Atchafalaya Basin Floodway System, Louisiana Project" means the 22 Atchafalaya Basin Floodway System, Louisiana Project and enacted by the 1982 23 Atchafalaya Basin Floodway System, United States Army Corps of Engineers 24 feasibility study, Supplemental Appropriations Act of 1985, Public Law 99-88, 25 as amended by the Water Resources Development Act of 1986, Public Law 99- 26 662, the Energy and Water Development Appropriations Act of 1991, Public 27 Law 101-514, the Energy and Water Development Appropriations Act of 1997, 28 Public Law 104-206, the Water Resources Development Act of 2000, Public Law 29 106-541, and the Water Resources Development Act of 2007, Public Law 110- 30 114. Page 4 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 (5) "Authority" means the Coastal Protection and Restoration 2 Authority. 3 (6) "Basin master plan" means the plan developed by the state in 4 accordance with the federal Atchafalaya Basin Floodway System, Louisiana 5 Project, pursuant to federal law, including the Supplemental Appropriations 6 Act of 1985, Public Law 99-88, and the Water Resources Development Act of 7 1986, Public Law 99-662 the Energy and Water Development Appropriations 8 Act of 1991, Public Law 101-514, the Energy and Water Development 9 Appropriations Act of 1997, Public Law 104-206, the Water Resources 10 Development Act of 2000, Public Law 106-541, and the Water Resources 11 Development Act of 2007, Public Law 110-114. 12 (7) "Board" means the Coastal Protection and Restoration Authority 13 Board. 14 (8) "Director" means the executive director of the Coastal Protection 15 and Restoration Authority. 16 (9) "Program" means the Atchafalaya Basin Program. 17 (10) "Water management project" means any project that facilitates 18 improvements to water quality, interior circulation, water access, or 19 improvements to general ecosystem function by means of sediment reduction, 20 removal, or diversion. 21 §214.8.3. Creation of program 22 A. The Atchafalaya Basin Program is hereby created as a program 23 within the Coastal Protection and Restoration Authority. 24 B. The program shall include the director, the Coastal Protection and 25 Restoration Authority Board, the technical advisory committee, and the staff 26 for the authority. 27 §214.8.4. Powers and duties 28 A. The director, in consultation with the board as desired, shall: 29 (1) Develop, implement, and manage a comprehensive state master plan 30 for the Atchafalaya Basin Floodway System, Louisiana Project. Page 5 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 (2) Present the annual basin plan as a part of the state integrated coastal 2 protection plan to the board each year for its review and approval. 3 (3) Coordinate state implementation of congressional mandates 4 concerning the Atchafalaya Basin Floodway System, Louisiana Project. 5 (4) Serve as primary liaison on behalf of the state with the United States 6 Army Corps of Engineers on the Atchafalaya Basin Floodway System, 7 Louisiana Project, including representation of the state in state and federal 8 partnerships, cost and share agreements, and other public and private 9 cooperative endeavors. 10 (5) Represent the policy and consensus viewpoint of the state at the 11 federal, regional, state, and local levels with respect to the Atchafalaya Basin 12 Floodway System, Louisiana Project. 13 (6) Enter into partnerships, memoranda of understanding, and 14 cooperative endeavors with state agencies and departments to implement the 15 basin master plan or annual basin plan, including: 16 (a) Department of Wildlife and Fisheries: to operate and maintain 17 wildlife management areas created by the Atchafalaya Basin Floodway System, 18 Louisiana Project, and to plan and monitor projects to improve water quality 19 and fish and wildlife production. 20 (b) Department of Culture, Recreation and Tourism: to operate and 21 maintain tourist information centers and state parks funded by the Atchafalaya 22 Basin Floodway System, Louisiana Project. 23 (c) Department of Agriculture and Forestry: to monitor environmental 24 easements as required by the Atchafalaya Basin Floodway System, Louisiana 25 Project. 26 (d) State land office: to monitor and enforce timber harvesting and 27 campsite development on state-owned lands in the basin as required by the 28 Atchafalaya Basin Floodway System, Louisiana Project. 29 (e) Department of Transportation and Development, Department of 30 Environmental Quality, and Louisiana Department of Health: to advise the Page 6 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 program on departmental operations relating to the Atchafalaya Basin. 2 (7) Provide recommendations to the board, legislature, and congress with 3 respect to the implementation, management, and funding of the basin master 4 plan. 5 (8) Monitor and seek available federal and private funds and property 6 consistent with the purposes of this Subpart, including funds from matching 7 sources. 8 (9) Enter into agreements and cooperative endeavors consistent with the 9 purposes of this Subpart. 10 (10) Conduct meetings, hold hearings, and promulgate rules as necessary 11 and consistent with the purposes of this Subpart. 12 (11) Appoint advisory committees. 13 (12) Expend funds consistent with the purposes of this Subpart. 14 (13) Enter into memoranda of understanding and cooperative endeavors 15 with state, local, and federal public entities consistent with the purposes of this 16 Subpart. 17 (14) Utilize the services and personnel of state, local, and federal public 18 entities upon mutually agreeable terms and conditions consistent with the 19 purposes of this Subpart. 20 (15) Seek, accept, and use, in accordance with law, gifts, grants, bequests, 21 and endowments, including immovable property, for purposes consistent with 22 the powers and duties in this Subpart and take such actions as are necessary to 23 comply with any conditions required for such acceptance. 24 (16) Administer and enforce the provisions of this Subpart relating to 25 duties and activities of the program. 26 (17) Perform such other acts and duties as necessary to effectuate the 27 purposes of this Subpart. 28 (18) Develop an annual basin plan as provided in R.S. 49:214.8.6 and 29 present the annual basin plan to the board. 30 (19) Develop and adopt criteria which must be met prior to a project Page 7 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 being included in an annual basin plan. 2 (20) Hold public hearings on the annual basin plan prior to adoption. 3 The director shall hold a minimum of two public hearings on the annual basin 4 plan each year with at least one hearing to be held at a location on the west side 5 of the Atchafalaya Basin and at least one hearing to be held at a location on the 6 east side of the Atchafalaya Basin. The director shall advertise in the official 7 journal of the state the date, time, and location of the public hearings at least 8 seven days prior to the hearings. 9 (21) Promulgate rules in accordance with the Administrative Procedure 10 Act in order to carry out its duties and shall conduct its meetings in accordance 11 with R.S. 42:11 et seq., the Open Meetings Law. 12 B. The director is authorized to: 13 (1) Acquire one thousand five hundred acres of land in the Atchafalaya 14 Basin for recreation purposes, and to construct new recreation areas, facilities, 15 and water management features. 16 (2) Conduct environmental easement monitoring. 17 (3) Operate and maintain public access features. 18 (4) Enter into cooperative endeavors or other agreements with federal, 19 basin, or local departments or agencies to implement the basin master plan or 20 annual basin plan. 21 (5) Enter into cooperative endeavors or agreements with the United 22 States Army Corps of Engineers for projects covering public access, 23 environmental easements, water management, and recreation as provided in the 24 basin master plan and in the congressional authorization contained in Public 25 Laws 99-88 of 1985 and 99-662 of 1986, the Energy and Water Development 26 Appropriations Act of 1991, Public Law 101-514, the Energy and Water 27 Development Appropriations Act of 1997, Public Law 104-206, the Water 28 Resources Development Act of 2000, Public Law 106-541, and the Water 29 Resources Development Act of 2007, Public Law 110-114. 30 (6) Use any federal funds that are, or that may become, available as Page 8 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 matching funds or on any other basis for any of the projects contained in the 2 annual basin plan or any other projects authorized for purposes of this Subpart, 3 including federal funds from the Atchafalaya Basin Floodway System, 4 Louisiana Project, Transportation Equity Act for the 21st Century (TEA-21) 5 funds, and Section 204, Section 206, Section 235, and Section 1135 funds. 6 (7) Expend funds to implement the basin annual plan. 7 (8) In addition to funds appropriated for the program, use any other 8 funds, goods, lands, or services donated or otherwise made available, including 9 federal funds made available to the program. 10 (9) Enter into cooperative endeavors or agreements with designated local 11 sponsors for the operation and maintenance of capital improvements under the 12 recreation feature of the program. 13 (10) Negotiate and execute, on behalf of the state, project-specific or 14 programmatic project cooperation agreements or similar agreements with the 15 federal government for those projects that are part of the Atchafalaya Basin 16 Floodway System, Louisiana Project. The director shall also be authorized to 17 negotiate and execute such agreements. 18 §214.8.5. Capital improvement program 19 Any project which is proposed for inclusion in an annual basin plan that 20 is not included in the basin master plan or the Atchafalaya Basin Floodway 21 System, Louisiana Project shall first be reviewed, studied, and analyzed by the 22 technical advisory group. The board may consider the proposal, and if 23 approved, the project shall be included in an annual plan for presentation to the 24 legislature for its approval. 25 §214.8.6. Annual basin plan 26 A. The director shall develop an annual basin plan that includes all 27 projects or stages of projects that will be proposed for funding or funded in any 28 one fiscal year. The annual basin plan may include projects that are any of the 29 following: 30 (1) A part of the basin master plan. Page 9 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 (2) A part of the Atchafalaya Basin Floodway System, Louisiana Project. 2 (3) A water management or water quality project that meets the criteria 3 developed by the director for inclusion in an annual plan and has been 4 approved through the procedures adopted by the board for inclusion of a 5 project in the annual plan, including public hearings. 6 (4) A project consistent with the mission statement contained in the basin 7 master plan. 8 (5) A project to be completed that was previously approved by the board. 9 (6) A project consistent with the comprehensive master coastal 10 protection plan as defined in R.S. 49:214.2. 11 B. As a part of the procedures to be followed by the director in the 12 development of an annual basin plan, the chair of the board shall appoint a 13 technical advisory group to review, evaluate, and approve all water 14 management and water quality projects proposed for inclusion in an annual 15 plan. The technical advisory group shall consist of the following appointments: 16 (1) The director or his designee who shall serve as the chair of the group. 17 (2) One member from the Department of Environmental Quality. 18 (3) One member from the Department of Agriculture and Forestry. 19 (4) One member from the Department of Natural Resources. 20 (5) One member from the United States Geological Survey. 21 (6) One member from the United States Fish and Wildlife Service. 22 (7) One member from the United States Army Corps of Engineers. 23 (8) One member from the Louisiana State University School of 24 Renewable Natural Resources. 25 (9) One member from the Department of Wildlife and Fisheries. 26 (10) One member from the Department of Culture, Recreation and 27 Tourism. 28 (11) One member from the Louisiana Department of Health. 29 (12) One member from the state land office. 30 (13) One member from the Atchafalaya Basin Levee Board, selected by Page 10 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 the levee board who must be a professional in engineering, geotechnology, 2 hydrology, or environmental science. 3 (14) One member chosen by the Police Jury Association of Louisiana 4 from a list of names submitted by the parish governing authorities of parishes 5 which lie, all or part thereof, within the boundaries of the Atchafalaya Basin 6 west of the Atchafalaya River who must be a professional in engineering, 7 geotechnology, hydrology, or environmental science. 8 (15) One member chosen by the Police Jury Association of Louisiana 9 from a list of names submitted by the parish governing authorities of parishes 10 which lie, all or part thereof, within the boundaries of the Atchafalaya Basin 11 east of the Atchafalaya River who must be a professional in engineering, 12 geotechnology, hydrology, or environmental science. 13 C. Meetings of the technical advisory group shall be held in accordance 14 with R.S. 42:11 et seq., the Open Meetings Law, and the group shall allow for 15 public input and comment into its deliberations. The date, time, and location of 16 any meeting held to discuss projects for inclusion in the annual basin plan shall 17 be advertised in the official journal of the state at least seven days prior to the 18 meeting. Any project recommended by the technical advisory group for 19 inclusion in an annual basin plan shall first be certified by that group as a 20 project that would result in significant water management or water quality 21 improvements that will enhance the wildlife, fisheries, or forest resources of the 22 Atchafalaya Basin. 23 D. After receipt of the recommendations on all water management and 24 water quality projects approved by the technical advisory group and receipt of 25 recommendations from the staff, the board shall develop an annual basin plan. 26 The board shall hold public hearings on the proposed plan prior to the adoption 27 of the annual plan. Information received during the public hearings may be 28 used by the board to amend the annual plan prior to presentation to the 29 legislature. 30 §214.8.7. Atchafalaya Basin Conservation Fund Page 11 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 A. There is hereby created, as a special fund in the state treasury, the 2 Atchafalaya Basin Conservation Fund, hereinafter referred to as the "fund". 3 The source of monies for the fund shall be appropriations, donations, grants, 4 and other monies which may become available for the purposes of the fund. 5 B. The monies in the fund shall be subject to appropriation and may be 6 used only as provided in Subsection C of this Section. The monies in the fund 7 shall be invested by the treasurer in the same manner as monies in the state 8 general fund, and interest earnings shall be deposited in and credited to the 9 fund. All unexpended or unencumbered monies remaining in the fund at the 10 end of the fiscal year shall remain to the credit of the fund. 11 C.(1) Monies appropriated from the fund shall be used exclusively by the 12 authority to fund projects contained in the state or federal basin master plans, 13 an annual basin plan, or to provide match for the Atchafalaya Basin Floodway 14 System, Louisiana Project. The monies in the fund shall not be used to pay 15 salaries or operating costs of the program or authority. 16 (2) Of the monies received by the fund each year in accordance with the 17 provisions of Article VII, Section 4(D)(4)(b) of the Constitution of Louisiana, a 18 minimum of five percent shall be set aside until the total amount reaches ten 19 million dollars. Such funds shall be used by the authority for the purchase of 20 land, or rights, or servitudes, specifically including conservation servitudes 21 pursuant to R.S. 9:1271 et seq., from willing sellers to improve water quality, 22 access, or other projects consistent with the basin master plan. Annual set- 23 asides shall continue to be used to replenish funds used to make qualifying 24 purchases, with such set-asides not to exceed ten million dollars. Any land, or 25 right, or servitude thereof proposed to be purchased pursuant to the provisions 26 of this Section shall be included in a annual basin plan presented to the 27 legislature, and no proposed contract made pursuant to the provisions of this 28 Section shall be executed without such purchase having been included in an 29 approved annual basin plan. Willing sellers shall be permitted to avail 30 themselves of the applicable provisions of R.S. 31:149 and R.S. 9:2795, for the Page 12 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 sale of property, or any right or servitude thereof, made pursuant to this 2 Section, specifically including the sale or lease of other rights, to the exclusion 3 of the general public, upon the same parcel of land; however, the authority shall 4 not enter into an agreement pursuant to this Section unless such an agreement 5 specifically provides that the assertion of such rights will not impact surface 6 activities on such parcels, including integrated coastal protection projects 7 constructed by or at the direction of the state. The director shall seek from the 8 United States Army Corps of Engineers, or its successor, credit towards any 9 voluntary or mandatory funding matching requirement for the Atchafalaya 10 Basin Floodway System, Louisiana Project equal to the value of the property, 11 or right thereof, secured by any contract of sale executed pursuant to this 12 Section. 13 D. Any credit provided toward the nonfederal share of the cost of a study 14 or project authorized in an annual basin plan may be applied toward the 15 nonfederal share of the cost of any other study or project included in an annual 16 basin plan. 17 Section 4. Chapter 17 of Subtitle 1 of Title 30 of the Louisiana Revised Statutes of 18 1950, comprised of R.S. 30:2000.1 through 2000.12, is hereby repealed. 19 Section 5. R.S. 36:359(J) is hereby repealed. 20 Section 6. All books, papers, records, money, equipment, actions, and other property 21 of every kind, movable and immovable, real and personal, heretofore possessed, controlled, 22 or used by the Atchafalaya Basin Program and the Atchafalaya Basin Research and 23 Promotion Board, the provisions for which are enacted, amended, or repealed by this Act, 24 in carrying out functions, duties, and responsibilities granted by this Act are hereby 25 transferred to the Coastal Protection and Restoration Authority. 26 Section 7. All rules and regulations adopted or permits, licenses, registrations, 27 variances, or orders issued by the Atchafalaya Basin Program and the Atchafalaya Basin 28 Research and Promotion Board prior to the effective date of this Act, shall continue in full 29 force and effect as rules and regulations of the agency within the Coastal Protection and 30 Restoration Authority until and after the effective date of this Act, unless otherwise revoked, Page 13 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 repealed, amended, modified, or terminated in accordance with law. 2 Section 8. Any legal proceeding, as defined in R.S. 36:924, to which any agency or 3 office, the statutory provisions for which are amended or repealed by the provisions of this 4 Act, is a party and which is filed, initiated, or otherwise pending before any court on the 5 effective date of this Act and all documents involved in or affected by said legal proceeding, 6 shall retain their effectiveness and shall be continued in the name of the former agency. All 7 further legal proceedings and documents in the continuance, disposition, and enforcement 8 of said legal proceedings shall be in the name of the original party agency, and the Coastal 9 Protection and Restoration Authority shall be substituted for the original party agency 10 without the necessity for amendment of any document to substitute the name of the authority 11 or the name or title of any subdivision or section of the authority. For purposes of this 12 Section, "document" shall be defined as provided in R.S. 36:924. 13 Section 9. All employees heretofore engaged in the performance of functions of the 14 Atchafalaya Basin Program and the Atchafalaya Basin Research and Promotion Board, to 15 the extent the director of the authority deems necessary to carry out the functions formerly 16 performed, shall insofar as practicable and necessary continue to perform the duties 17 heretofore performed, subject to applicable state civil service laws, rules, and regulations. 18 Section 10. This Act is in no way and is to no extent intended to, nor shall it be 19 construed in any manner which will impair the contractual or other obligations of any 20 agency, office, or department, or of the state of Louisiana, the provisions for which are 21 enacted, amended, or repealed by this Act. It is hereby specifically provided that all 22 obligations of any such agency, office, or department hereafter shall be deemed to be 23 obligations of the Coastal Protection and Restoration Authority, to the same extent as if 24 originally made by it. In like manner and in order to prevent any violation of the provisions, 25 terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition 26 by which property of any kind has been vested in any such agency, office, or department, 27 or division from the purposes for which such property was thus vested in any agency, office, 28 or department, it is hereby specifically provided that such instrument or disposition hereafter 29 shall be deemed to have been vested in the Coastal Protection and Restoration Authority and 30 its director shall be the successor in every way to each such agency, including all of the Page 14 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 427 ENROLLED 1 obligations and debts of each such agency. 2 Section 11. This Act shall become effective on July 1, 2018. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 15 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.