Louisiana 2021 2021 Regular Session

Louisiana House Bill HB590 Engrossed / Bill

                    HLS 21RS-922	REENGROSSED
2021 Regular Session
HOUSE BILL NO. 590
BY REPRESENTATIVE DAVIS
CONSERVATION:  Authorizes the board of the Capital Area Groundwater Conservation
District to assess fees for capital expenditures and nonpayment
1	AN ACT
2To amend and reenact R.S. 38:3076(A)(14), relative to the Capital Area Groundwater
3 Conservation District; to provide for the powers of the board; to provide for the
4 assessment of fees for capitol expenditures; to provide for the assessment of late fees
5 for non-payment; and to provide for related matters.
6	Notice of intention to introduce this Act has been published
7	as provided by Article III, Section 13 of the Constitution of
8	Louisiana.
9Be it enacted by the Legislature of Louisiana:
10 Section 1.  R.S. 38:3076(A)(14) is hereby amended and reenacted to read as follows: 
11 ยง3076.  Powers of the board
12	A.  The board shall work with the commissioner of conservation in his
13 responsibilities to do all things necessary to prevent waste of groundwater resources,
14 and to prevent or alleviate damaging or potentially damaging subsidence of the land
15 surface caused by withdrawal of groundwater within the district.  In conjunction with
16 the commissioner of conservation, the board shall have authority to do, as required,
17 the following:
18	*          *          *
19	(14)(a)  To assess against all users within the district a charge based upon the
20 annual rate of use of each user sufficient to meet costs and expenses of operation.
Page 1 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-922	REENGROSSED
HB NO. 590
1 Such charges must be uniform as to all users, being assessed on the basis of units of
2 water used, whether a cubic, acre-foot, or other unit be used, and without distinctions
3 or graduations as to total amounts of water produced by individual users or classes
4 of users, except that no charge shall be made against the quantity of water pumped
5 from the Mississippi River alluvial aquifer.  Further, such charges shall be assessed
6 and income therefrom used only to defray the costs and expenses of operation of the
7 district assessing them.
8	(b)  Fees for capital expenditures may be assessed to users based on either
9 annual flows or specific costs for wells to individual users based on capital, debt
10 service, and operation and maintenance costs.  Costs may include specific systems
11 and technologies to allow for remote monitoring of flows, water levels, water
12 quality, and other parameters as considered necessary by the board to conserve and
13 protect groundwater resources and may include but are not limited to monitoring
14 wells, scavenger wells, reclaimed water systems, pressure differential systems, water
15 treatment systems, and scavenger wells and other subsurface systems related to the
16 protection of the aquifers.
17	(c)  Late fees for non-payment of monthly or quarterly invoices may also be
18 assessed.
19	*          *          *
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 590 Reengrossed 2021 Regular Session	Davis
Abstract:  Grants the Capital Area Groundwater Conservation District board of
commissioners the authority to assess fees for capital expenditures.
Present law establishes a Capital Area Groundwater Conservation District and its board of
commissioners.  Present law grants the board of commissioners the authority to charge users
within the district based on the annual rate of use and assessed on the basis of units of water
used.  Proposed law retains present law.
Proposed law grants the board additional authority to assess fees against all users within the
district for capital expenditures, and allows the board to assess such fees based on annual
flows or specific costs for wells to individual users based on capital, debt service, and
Page 2 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-922	REENGROSSED
HB NO. 590
operation and maintenance costs.  Further provides what constitutes costs and other
parameters deemed necessary to conserve and protect groundwater resources.
Proposed law grants the board additional authority to assess late fees for failure to pay
monthly or quarterly invoices.
(Amends R.S. 38:3076(A)(14))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
Page 3 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.