SLS 20RS-774 REENGROSSED
2020 Regular Session
SENATE BILL NO. 440
BY SENATORS FESI AND ALLAIN
COASTAL RESOURCES. Provides for enforcement of the Coastal Zone Management
Program. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 49:214.36(E) and (J), relative to the Coastal Zone Management
3 Program; to provide for enforcement actions; to provide for the imposition of civil
4 liability, the assessment of damages, and court orders; to provide for distribution of
5 monies collected; to provide for the use of funds; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:214.36(E) and (J) are hereby amended and reenacted to read as
8 follows:
9 ยง214.36. Enforcement; injunction; penalties and fines
10 * * *
11 E. A court may impose civil liability and assess damages; order, where
12 feasible and practical, the payment of the restoration costs; require, where feasible
13 and practical, actual restoration of areas disturbed; or otherwise impose reasonable
14 and proper sanctions for uses conducted within the coastal zone without a coastal use
15 permit where a coastal use permit is required or which are not in accordance with the
16 terms and conditions of a coastal use permit. Any monies collected for the payment
17 of restoration costs shall be expended in a manner consistent with Subsection J
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1 of this Section. The court in its discretion may award costs and reasonable attorney's
2 attorney fees to the prevailing party.
3 * * *
4 J. The monies collected by the state under the provisions of this Section shall
5 be deposited as follows:
6 (1) The monies collected by the secretary for violations relating to use of
7 state concern shall be used for the following purposes only, in the proportions stated:
8 (a) Fifty percent of the monies collected shall be used to reimburse the
9 Department of Natural Resources for the cost of enforcing the provisions of this
10 Subpart, and shall be deposited in the Coastal Resources Trust Fund, as provided in
11 R.S. 49:214.40.
12 (b) Twenty-five percent of the monies collected shall be placed in local
13 government mitigation banks established in accordance with R.S. 49:214.41 and the
14 rules and regulations adopted thereunder a restricted fund administered by the
15 parish governing authority of the parish or parishes in which the adverse
16 impact related to the use is located. Such funds shall be used only for projects
17 consistent with Paragraph (O)(2) of this Section within or for the benefit of
18 areas within the geographic borders of that parish.
19 (c) Twenty-five percent of the monies collected shall be placed in the
20 Wetlands Conservation and Restoration Fund established in Article VII, Section 10.2
21 of the Constitution of Louisiana Coastal Protection and Restoration Fund
22 established in Article VII, Section 10.2 of the Constitution of Louisiana and used
23 for projects that are consistent with Paragraph (O)(2) of this Section.
24 (2) The monies collected by the secretary for violations relating to a use of
25 local concern shall be placed in local government mitigation banks established in
26 accordance with R.S. 49:214.41 and the rules and regulations adopted thereunder.
27 Each local government's mitigation bank shall be credited one hundred percent of the
28 monies collected for violations relating to a use of local concern occurring within its
29 geographic borders, except that for violations occurring within the geographic
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SLS 20RS-774 REENGROSSED
1 borders of two or more local governments the monies shall be divided on a pro rata
2 basis and deposited accordingly in the local government's mitigation banks. In the
3 event there is no local government mitigation bank in the parish in which the adverse
4 impact is located, the monies shall be deposited in the Wetlands Conservation and
5 Restoration Fund established in Article VII, Section 10.2 of the Constitution of
6 Louisiana, and can a restricted fund administered by the parish governing
7 authority of the parish or parishes in which the adverse impact related to the
8 use is located. Such funds shall only be used only for mitigation projects consistent
9 with Paragraph (O)(2) of this Section within or for the benefit of areas within
10 the geographic borders of that local government.
11 (3) Notwithstanding any provision of this Section to the contrary, any
12 monies received under Subsection E of this Section in settlement or by final
13 judgment for assessed damages, restoration costs, actual restoration of areas
14 disturbed, or reasonable and proper sanctions or any monies received under
15 Subsection D of this Section in settlement or by final judgment shall be
16 distributed based on the type of use of the coastal zone involved in the action as
17 follows:
18 (a) For uses of state concern, the monies shall be used for projects that
19 are consistent with Paragraph (O)(2) of this Section and shall be deposited as
20 follows:
21 (i) Fifty percent of the monies collected shall be placed in the Coastal
22 Protection and Restoration Fund.
23 (ii) Twenty-five percent of the monies collected shall be placed in a
24 restricted fund administered by the parish governing authority of the parish or
25 parishes in which the adverse impact related to the use is located. Such funds
26 shall be used only for projects selected by the local governing authority. Unless
27 otherwise prohibited by law, preferences may be given to local contractors for
28 project planning, permitting, and implementation for such selected projects.
29 (iii) The remaining twenty-five percent of the monies collected shall be
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1 placed in the Coastal Protection and Restoration Fund to be used to match
2 funding for projects selected by local governing authorities pursuant to Item (ii)
3 of this Subparagraph and that are approved in the coastal master plan
4 developed in accordance with R.S. 49:214.5.3. The match funding provided for
5 in this Item shall be at a minimum dollar-for-dollar match. The Coastal
6 Protection and Restoration Authority shall promulgate rules and regulations
7 in accordance with the Administrative Procedure Act in order to provide for
8 submission and approval of plans, projects, policies, or programs for funding
9 under this Item.
10 (b) For uses of local concern, all of the monies collected shall be
11 deposited in a restricted fund administered by the parish governing authority
12 of the parish or parishes in which the adverse impact related to the use is
13 located. Such funds shall be used only for projects selected by the local
14 governing authority that are consistent with Paragraph (O)(2) of this Section.
15 * * *
The original instrument was prepared by Tyler McCloud. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
SB 440 Reengrossed 2020 Regular Session Fesi
Present law establishes a coastal zone management program within the Dept. of Natural
Resources and administered by the secretary of the department. An aspect of the program
is the application and issuance of coastal use permit prior to commencing a use of state or
local concern in the coastal zone.
Present law authorizes a court to impose civil liability and assess damages, order the
payment of the restoration costs, require actual restoration of areas disturbed, or otherwise
impose reasonable and proper sanctions for uses in the coastal zone that were either without
a coastal use permit or not in accordance with the terms and conditions of a coastal use
permit.
Present law requires that any monies received by any state or local governmental entity
arising from or related to a state or federal permit issued pursuant to the State and Local
Coastal Resource Management Act of 1978, a violation thereof, or enforcement thereof, or
for damages or other relief arising from or related to any of the foregoing, or for damages
or other relief arising from or related to any use as defined by present law be used for
integrated coastal protection, including coastal restoration, hurricane protection, and
improving the resiliency of the coastal area. Proposed law retains present law.
Proposed law requires any monies collected for the payment of restoration costs be expended
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consistent with present law.
Present law authorizes the court to award costs and reasonable attorney fees to the prevailing
party. Proposed law retains present law.
Present law provides for the distribution of monies collected by the secretary through
enforcement actions for uses of state concern and uses of local concern. Proposed law retains
present law.
Present law provides for the distribution of monies collected from enforcement actions for
uses of state concerns as follows:
(1)50% deposited into the Coastal Resources Trust Fund for reimbursement to the
department for the cost of enforcing the coastal zone management program.
(2)25% deposited in the local government's mitigation banks.
(3)25% deposited in the Wetlands Conservation and Restoration Fund.
Proposed law changes the 25% deposit from local government mitigation banks to a
restricted fund administered by the local governing authority of the parish or parishes in
which the adverse impact related to the use is located. Proposed law requires the funds be
used for projects consistent with present law and within or for the benefit of areas within the
geographic borders of that parish.
Proposed law changes the 25% deposit from the Wetlands Conservation and Restoration
Fund to the Coastal Protection and Restoration Fund.
Present law provides that 100% of monies collected from enforcement actions for uses of
local concerns be deposited in local government mitigation banks. Present law provides for
a pro rata division in cases involving two or more local governments. Present law provides
for the monies deposit in the Wetlands Conservation and Restoration Fund, but can be used
only for mitigation projects within the geographic borders of that local government in the
event there is no local government mitigation bank.
Proposed law changes the deposit from local government mitigation banks to a restricted
fund administered by the local governing authority of the parish or parishes in which the
adverse impact related to the use is located. Proposed law requires the funds be used for
projects consistent with present law and within or for the benefit of areas within the
geographic borders of that parish.
Proposed law provides for distribution based on the type of use of the coastal zone involved
of any monies received in settlement or by final judgment for assessed damages, restoration
costs, actual restoration of areas disturbed, or reasonable and proper sanctions.
Proposed law provides that for uses of state concern the monies shall be used consistent with
present law and shall be deposited as follows:
(1)50% deposited into the Coastal Protection and Restoration Fund.
(2)25% deposited into a restricted fund administered by the parish governing authority
of the parish or parishes in which the adverse impact related to the use is located and
used for projects selected by the local governing authority. Unless otherwise
prohibited by law, proposed law authorizes preferences to local contractors for
project planning, permitting, and implementation for such selected projects.
(3)25% deposited into the Coastal Protection and Restoration Fund to be used as match
funding for projects selected by local governing authorities.
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Proposed law deposits 100% of the monies collected for uses of local concern in a restricted
fund administered by the parish governing authority of the parish or parishes in which the
adverse impact related to the use is located. Use of such funds limited to projects selected
by the local governing authority that are consistent with present law.
Effective August 1, 2020.
(Amends R.S. 49:214.36(E) and (J))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Changes the deposit of monies from local government mitigation banks to a
restricted fund administered by the local governing authority.
2. Provides relative to the deposits in the Coastal Protection and Restoration
Fund.
3. Provides relative to monies received from settlement or final judgment from
civil liability, damages, restoration costs, actual restoration, or sanctions.
Senate Floor Amendments to engrossed bill
1. Provides relative to monies collected for violations.
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