The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 122 Original 2021 Regular Session Allain
Present law establishes a coastal zone management program within the Dept. of Natural Resources
and administered by the secretary of the department. The program includes regulation of the
application and issuance of a 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
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 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 50% deposit from the Coastal Resources Trust Fund to the Coastal
Protection and Restoration Fund for projects consistent with present law after deducting the cost to
reimburse the department for enforcing the coastal zone management program. Proposed law retains present law by requiring 25% be deposited in local government mitigation
banks. Proposed law further provides that when no local government mitigation bank exists, the
funds are 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. 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 to be used to match funding for projects selected by local
governing authorities and that are approved in the coastal master plan. Proposed law requires the
Coastal Protection and Restoration Authority to promulgate rules and regulations in accordance with
the APA that provide for submission and approval of projects for match funding.
Present law provides that 100% of monies collected by the secretary 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 deposited in the Wetlands Conservation and Restoration Fund to 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 expands monies subject to present law from monies collect by the secretary to monies
collected by the secretary, the attorney general, an appropriate district attorney, or a local government
with an approved program.
Proposed law changes the deposit in the event no local government mitigation bank exists, from the
Wetlands Conservation and Restoration Fund to 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.
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.
Effective August 1, 2021.
(Amends R.S. 49:214.36(E), (J), and (O)(2))