The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 490 Original 2020 Regular Session Lambert
Proposed law creates the State and Parish Coastal Zone Recovery Authority and its board of directors
that is charged with implementing any settlement of the coastal zone lawsuits and approving the use
of funds deposited from such settlement.
Proposed law provides for the membership of the board as follows:
(1)A member from each settling parish appointed by the appropriate parish governing authority.
(2) The executive assistant to the governor for coastal activities or his designee.
(3) The chairman of the Governor's Advisory Commission on Coastal Protection, Restoration,
and Conservation.
(4) The executive director of the Coalition to Restore Coastal Louisiana.
(5) The executive director of the Louisiana Mid-Continent Oil & Gas Association.
(6) The president of the Louisiana Oil and Gas Association.
(7) The president of the Louisiana Association of Business and Industry.
Proposed law provides for terms of office of the members, frequency, location, time, place, and the
necessary quorum of meetings. Proposed law prohibits members from receiving compensation, but
authorizes members to seek travel reimbursement from their respective agencies.
Proposed law provides the board and its staff shall be subject to the Code of Governmental Ethics,
the Open Meetings Law, annual reports to the legislature, and to the jurisdiction of the legislative
auditor and the office of the state inspector general.
Proposed law defines "coastal zone lawsuits" as any action to enforce coastal use permits
requirements in present law by the secretary, the attorney general, an appropriate district attorney,
or a local government with an approved coastal program.
Proposed law defines "settling parish" as any parish where either the appropriate district attorney or
the local government with an approved coastal program filed a coastal zone lawsuit and entered into
an agreement or compromise to settle the suit.
Proposed law establishes the Coastal Zone Recovery Fund funded by monies paid from settlement or by final judgement for assessed damages, restoration costs, actual restoration of areas disturbed,
or reasonable and proper sanctions and all interest income and all realized capital gains on
investment of any such monies. Proposed law provides for the retention in the fund of any
unexpended money remaining in the fund at the end of the fiscal year.
Proposed law limits the use of the fund, subject to appropriation by the legislature, for the purposes
of the implementing of any settlement or final judgment in the of the coastal zone lawsuits.
Proposed law further limits the use of the funds to only those projects and programs consistent with
the terms and conditions of any final settlement of the coastal zone lawsuits, consistent with the
master plan for integrated coastal protection projects and program, and that support the long-term
health of Louisiana's coastal communities through investments in ecological restoration and
remediation, community protection, including infrastructure, business and residential resilience,
economic development, and administrative costs. Proposed law creates accounts within the Coastal
Zone Recovery Fund for use for those specific purposes.
Proposed law provides for the remediation, restoration, and protection account that setting parishes
submit to the board every three years a funding priority list from which the board approves projects
that comply with proposed law and the terms and conditions of the settlement agreements. Proposed
law requires the board to coordinate with CPRA to determine if proposed projects qualify for
funding from other sources.
Proposed law provides that the funds in the resiliency account are be distributed through a grant
program administered by the board. Proposed law provides for both settling parishes and settling
defendants are eligible to receive funding for projects.
Proposed law provides the proceeds of any settlement involving more than one parish shall be
allocated to each settling parish in accordance with the terms of such settlement.
Effective August 1, 2020.
(Amends R.S. 49:214.36(J) (intro para); adds R.S. 36:4(CC) and R.S. 49:214.51-214.54)