SLS 21RS-416 ORIGINAL
2021 Regular Session
SENATE BILL NO. 233
BY SENATOR WARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING. Provides for the disposition of funds recovered in settlement of the
state and parish coastal zone litigation. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 49:214.6.1(B)(10) and to enact R.S. 36:4(DD) and R.S.
3 49:214.5.2(A)(12) and (13), 214.5.4(K), 214.6.1(B)(11) and Part II-A of Chapter 2
4 of Title 49 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
5 49:214.51 through 214.54, relative to the Louisiana Coastal Zone Management
6 Program; to create the Louisiana Coastal Zone Recovery Authority within the office
7 of the governor; to provide for membership of the board; to provide relative to terms,
8 duties, definitions, procedures, conditions, and quorum and other requirements; to
9 create the Louisiana Coastal Zone Recovery Fund; to provide for the uses of the fund
10 and the rights, obligations, procedures, and requirements for such uses; to provide
11 relative to the Coastal Protection and Restoration Authority; and to provide for
12 related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 36:4(DD) is hereby enacted to read as follows:
15 §4. Structure of executive branch of government
16 * * *
17 DD. The Louisiana Coastal Zone Recovery Authority (R.S. 49:214.51 et
Page 1 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 seq.) is hereby placed within the office of the governor and shall perform its
2 powers, duties, and functions as provided by law.
3 Section 2. R.S. 49:214.6.1(B)(10) is hereby amended and reenacted and R.S.
4 49:214.5.2(A)(12) and (13), 214.5.4(K), 214.6.1(B)(11) and Part II-A of Chapter 2 of Title
5 49 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 49:214.51 through
6 214.54, are hereby enacted to read as follows:
7 §214.5.2. Functions and responsibilities; Coastal Protection and Restoration
8 Authority Board
9 A. The board shall:
10 * * *
11 (12) Coordinate with the Coastal Zone Recovery Authority and the
12 Coastal Zone Recovery Subcommittee regarding Coastal Zone Recovery Fund
13 expenditures to be implemented by the board and the Coastal Protection and
14 Restoration Authority in accordance with R.S. 49:214.51 et seq.
15 (13) Adopt guidelines, rules, and regulations in accordance with the
16 Administrative Procedure Act to implement the settlement of the coastal zone
17 lawsuits in accordance with R.S. 49:214.51 et seq.
18 * * *
19 §214.5.4. Funding and resource allocation
20 * * *
21 K. Subject to appropriations by the legislature, the Coastal Protection
22 and Restoration Authority is authorized to receive monies from the Coastal
23 Zone Recovery Fund to implement coastal master plan integrated coastal
24 protection projects and restoration, protection, and remediation projects
25 included in the annual plan in accordance with R.S. 49:214.51 et seq.
26 * * *
27 §214.6.1. Coastal Protection and Restoration Authority
28 * * *
29 B. Executive director and deputy director of the Coastal Protection and
Page 2 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 Restoration Authority.
2 * * *
3 (10) The executive director shall provide the necessary reports, staff,
4 assistance, and support to the Coastal Zone Recovery Subcommittee of the
5 Coastal Protection and Restoration Authority Board and the Coastal Zone
6 Recovery Authority created in accordance with R.S. 49:214.51 et seq.
7 (11) There shall be a deputy executive director of the Coastal Protection and
8 Restoration Authority. He shall perform all duties defined in this Section in the
9 absence of the executive director or through authority delegated to him by the
10 executive director or in conjunction with the duties of the executive director.
11 * * *
12 PART II-A. STATE AND PARISH COASTAL ZONE RECOVERY
13 SETTLEMENT PROCEEDS
14 §214.51. Purpose; findings
15 A. The state of Louisiana recognizes the need to protect, develop, and
16 where feasible, restore or enhance the resources of the state's coastal zone. The
17 legislature also finds and declares that Article IX, Section 1 of the Constitution
18 of Louisiana mandates that the natural resources and the environment of the
19 state are to be protected, conserved, and replenished insofar as possible and
20 consistent with the health, safety, and welfare of the people and further
21 mandates that the legislature enact laws to implement this policy.
22 B. The legislature finds that it is critical to ensure that the proceeds of
23 any settlement of actions instituted to enforce the State and Local Coastal
24 Resources Management Act of 1978 are used in conformance with the public
25 policy declaration outlined in that Act. Such purposes include supporting and
26 encouraging multiple uses of coastal resources, remediating, and restoring
27 coastal resources, enhancing opportunities for the use and enjoyment of the
28 recreational values of the coastal zone, and encouraging and supporting
29 sustainable development in the coastal zone.
Page 3 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 §214.52. Definitions.
2 As used in this Part, the following terms shall have the meaning ascribed
3 to them below:
4 (1) "Coastal zone lawsuits" means any action filed pursuant to R.S.
5 49:214.36(D) and (E) by the secretary, the attorney general, an appropriate
6 district attorney, or a local government with an approved coastal program.
7 (2) "Parish allocation agreement" means the agreement adopted as part
8 of a settlement agreement of a coastal zone lawsuit where such agreement
9 affects more than one settling parish and which allocates damages, payments,
10 or other relief to such settling parishes based on the relative level of impacts
11 within each parish.
12 (3) "Settlement agreement" means any final settlement agreement
13 executed by the parties to a coastal zone lawsuit.
14 (4) "Settling parish" means any parish that filed a coastal zone lawsuit
15 or entered into an agreement or compromise to settle the suit.
16 §214.53. State and Parish Coastal Zone Recovery Authority; creation and
17 organization; duties and powers
18 A. The Coastal Zone Recovery Authority is hereby created within the
19 office of the governor and shall exercise the powers and duties hereinafter set
20 forth.
21 B. There is hereby created an executive board to exercise the powers and
22 duties of the Coastal Zone Recovery Authority. The board shall consist of the
23 following members:
24 (1) A member from each settling parish appointed by the parish
25 governing authority of that parish.
26 (2) The chairman of the Coastal Protection and Restoration Authority
27 Board or his designee.
28 (3) The president of the Senate or his designee.
29 (4) The speaker of the House of Representatives or his designee.
Page 4 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 C. Members shall serve terms contemporaneous with their office. The
2 chairman shall be selected by majority consent of the settling parishes. The
3 board shall meet as necessary at the call of the chairman, but not less than
4 quarterly, and a majority of the members of the board shall constitute a
5 quorum for the transaction of business. The board shall designate a time and
6 select the place for holding regular sessions. Regular meetings shall be convened
7 in a coastal zone parish on a rotating basis at a place to be determined by the
8 board. Members of the board shall serve without compensation but may seek
9 travel reimbursement from their respective agencies.
10 D. The board shall be subject to the provisions of the Code of
11 Governmental Ethics, the Open Meetings Law, annual reports to the legislature,
12 and to the jurisdiction of the legislative auditor and the office of the inspector
13 general.
14 E. The board shall:
15 (1) Oversee the implementation of the settlement agreements providing
16 for settlement of the coastal zone lawsuits in accordance with this Part.
17 (2) Oversee, manage, and approve all requests for projects submitted by
18 settling parishes related to the use of funds in the Resilience Account of the
19 Coastal Zone Recovery Fund in accordance with the settlement of the coastal
20 zone lawsuits.
21 (3) Recommend annual appropriation by the legislature to settling
22 parishes of monies in the Resilience Account of the Coastal Zone Recovery Fund
23 in accordance with the settlement of the coastal zone lawsuits.
24 (4) Oversee, manage, and approve the use of funds in the Land Rights
25 Account of the Coastal Zone Recovery Fund in accordance with the settlement
26 of the coastal zone lawsuits.
27 (5) Oversee, manage, and administer any environmental bank program
28 established in accordance with the settlement of the coastal zone lawsuits,
29 including approval of the use of any revenues generated from the sale of
Page 5 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 environmental credits generated pursuant to such program. The board shall,
2 in coordination with Coastal Protection and Restoration Authority, promulgate
3 guidelines, rules, and regulations in accordance with the Administrative
4 Procedure Act to implement such program.
5 (6) Exercise powers and duties otherwise provided by law.
6 §214.54. Coastal Zone Recovery Fund
7 A. There shall be established in the state treasury as a special permanent
8 trust fund the Coastal Zone Recovery Fund. All net proceeds from settlement
9 of the Coastal Zone Lawsuits shall be paid to the state treasurer.
10 Notwithstanding any provisions of this Chapter to the contrary, the treasurer
11 shall deposit in and credit to the Coastal Zone Recovery Fund any such monies,
12 and all interest income and all realized capital gains on investment of any such
13 monies. Any unexpended money remaining in the fund at the end of the fiscal
14 year shall be retained in the fund.
15 B. All monies in the Coastal Zone Recovery Fund are subject to
16 appropriation by the legislature solely for the purposes of implementing any
17 settlement of the coastal zone lawsuits. Except as otherwise provided in this
18 Section, such monies shall be used only for those projects and programs that are
19 consistent with the terms and conditions of any final settlement of the coastal
20 zone lawsuits and the master plan for integrated coastal protection projects and
21 programs developed pursuant to R.S. 49:214.5.2, and that support the long-term
22 health of Louisiana's coastal communities through investments in integrated
23 coastal protection projects, ecological restoration, remediation, hurricane
24 protection, community protection, including infrastructure, business and
25 residential resilience measures, and planning assistance and administrative
26 costs associated with complying with this Section. The net proceeds of any
27 settlement involving more than one parish shall be allocated to each settling
28 parish in accordance with the terms of the parish allocation agreement. Not
29 more than three percent of the amounts received by a state or local government
Page 6 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 entity under this Section may be used for planning assistance and
2 administrative costs.
3 C. There is hereby created within the Coastal Zone Recovery Fund the
4 following accounts:
5 (1) Sixty percent of all monies in the Coastal Zone Recovery Fund shall
6 be dedicated to an account to be known as the "Coastal Master Plan Integrated
7 Coastal Protection Account". The monies in this account shall be used to
8 implement integrated coastal protection projects and programs in the coastal
9 master plan developed pursuant to R.S. 49:214.5.2.
10 (a) The Coastal Protection and Restoration Authority shall administer
11 all appropriations it receives from the Coastal Zone Recovery Fund related to
12 projects funded from this account.
13 (b) All monies in this account shall be used for integrated coastal
14 protection projects listed in the coastal master plan and shall be allocated in
15 accordance with the terms and conditions of the settlement agreement for the
16 coastal zone lawsuits and the parish allocation agreement.
17 (c) Beginning the year after monies are deposited into the fund from a
18 settlement affecting a settling parish and then every three years thereafter, each
19 settling parish shall submit to the Coastal Zone Recovery Subcommittee a
20 funding priority list of coastal master plan projects adopted by resolution of the
21 parish's governing authority. The funding priority list shall include at least a
22 three-year request for funding of integrated coastal protection projects listed
23 in the coastal master plan. The Coastal Zone Recovery Subcommittee shall
24 approve projects that comply with this Section and satisfy the terms and
25 conditions of the settlement agreements. The subcommittee shall also coordinate
26 with the Coastal Protection and Restoration Authority regarding the
27 implementation of such projects. Approved funding priority lists shall be
28 provided to the Coastal Protection and Restoration Authority Board for
29 implementation.
Page 7 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 (d) Project implementors shall be encouraged to utilize innovative
2 contracting activities to expedite project completion.
3 (e) Notwithstanding the requirements of R.S. 49:214.5.4(F),
4 environmental credits may be generated from restoration activities consistent
5 with the settlement agreements, and any revenues or earnings derived from any
6 integrated coastal protection program project or activities described in this
7 Section shall be deposited in and credited to Coastal Zone Recovery Fund. Such
8 revenues or earnings shall be administered by the Coastal Zone Recovery
9 Authority as provided in the environmental bank program established in
10 accordance with the settlement agreement.
11 (f) Unless otherwise expressly prohibited by law, preferences may be
12 given to local contractors for project planning, permitting, and implementation.
13 (2) A percentage of the monies in the Coastal Zone Recovery Fund shall
14 be dedicated to an account to be known as the "Restoration, Protection, and
15 Remediation Account".
16 (a) The Coastal Protection and Restoration Authority shall administer
17 all appropriations it receives from the Coastal Zone Recovery Fund related to
18 projects funded from the Restoration, Protection, and Remediation Account.
19 Administration of project-specific funds may be delegated by the Coastal
20 Protection and Restoration Authority to settling parishes for local
21 implementation of certain approved projects, subject to oversight by the
22 Coastal Protection and Restoration Authority.
23 (b) The monies in this account shall be used for restoration, protection,
24 and remediation projects and programs within the settling parishes that are
25 consistent with the coastal master plan and shall be allocated in accordance with
26 the terms and conditions of the settlement agreement for the coastal zone
27 lawsuits and the parish allocation agreement.
28 (c) Settling parishes shall submit to the Coastal Zone Recovery Authority
29 Board and to the Coastal Zone Recovery Subcommittee a three-year funding
Page 8 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 priority list of restoration, protection, and remediation projects adopted by
2 resolution of the parish's governing authority, consistent with Subparagraph
3 C(1)(c) of this Section. The Coastal Zone Recovery Subcommittee shall approve
4 projects that comply with this Section and coordinate with the Coastal
5 Protection and Restoration Authority regarding the feasibility, planning, and
6 funding of such projects. Approved funding priority lists shall be provided to
7 the Coastal Protection and Restoration Authority Board for inclusion in the
8 annual plan.
9 (d) The Coastal Protection and Restoration Authority shall adopt
10 guidelines, rules, or regulations in accordance with the Administrative
11 Procedure Act as necessary to effectuate the implementation, including
12 contracting, for such projects.
13 (e) Project implementors shall be encouraged to utilize innovative
14 contracting activities to expedite project completion.
15 (f) Notwithstanding the requirements of R.S. 49:214.5.4(F),
16 environmental credits may be generated from restoration activities consistent
17 with the settlement agreements, and any revenues or earnings derived from any
18 integrated coastal protection program project or activities described in this
19 Section shall be deposited in and credited to the Coastal Zone Recovery Fund
20 as provided in the environmental bank program established in accordance with
21 the settlement agreement.
22 (g) Unless otherwise expressly prohibited by law, preferences may be
23 given to local contractors for project planning, permitting, and implementation.
24 (3) A percentage of the monies in the Coastal Zone Recovery Fund shall
25 be dedicated to an account known as the "Resilience Account".
26 (a) The Coastal Zone Recovery Authority shall administer all funds in
27 this account.
28 (b) The monies in this account shall be used for programs and projects
29 dedicated to activities that increase the capacity of individuals, communities,
Page 9 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 organizations, and systems to survive and adapt against the impacts of weather
2 disasters and coastal land loss and shall be allocated in accordance with the
3 terms and conditions of the settlement agreement for the coastal zone lawsuits
4 and the parish allocation agreement. Resilience projects include but are not
5 limited to:
6 (i) Roadways, including evacuation routes and industry access corridors.
7 (ii) Hardening and adaptive measures for key industry and community
8 assets.
9 (iii) Establishment of pipeline corridors.
10 (iv) Emergency response investments, including investments in scientific
11 instrumentation.
12 (v) Utility upgrades that include but are not limited to upgrades to
13 stormwater, sewer, electrical, and telecommunications utilities.
14 (vi) Mitigation of damage to fish, wildlife, or natural resources.
15 (vii) Nonstructural risk reduction measures.
16 (c) Beginning the year after monies are deposited into the fund from a
17 settlement affecting a settling parish and then every three years thereafter, each
18 settling parish shall submit to the Coastal Zone Recovery Authority a funding
19 priority list of resilience projects adopted by resolution of the parish's
20 governing authority. The funding priority list shall include at least a three-year
21 request for funding of such projects. The Coastal Zone Recovery Authority
22 shall approve projects that comply with this Section and satisfy the terms and
23 conditions of the settlement agreements. The authority may also coordinate with
24 the Coastal Protection and Restoration Authority regarding such projects. The
25 authority shall request an annual appropriation from the legislature to each
26 settling parish in an amount equal to the expenditures for resilience projects
27 approved in the funding priority list. Monies to fund such projects shall come
28 from the Resilience Account of the Coastal Zone Recovery Trust Fund.
29 (4) A percentage of the monies in the Coastal Zone Recovery Fund shall
Page 10 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 be dedicated to an account known as the "Land Rights Account" administered
2 by the Coastal Zone Recovery Authority for the acquisition of access rights,
3 rights of use, servitudes, easements, or payment for other rights or interests as
4 necessary to fulfill the requirements of this Section and the settlement
5 agreement.
6 D. Notwithstanding any provision of law to the contrary, the Coastal
7 Protection and Restoration Authority is authorized to receive an annual
8 payment from the Coastal Zone Recovery Fund equivalent to the annual
9 Coastal Zone Recovery Fund expenditures provided in the annual plan in
10 accordance with R.S. 49:214.5.3.
11 E. Notwithstanding any provision of law to the contrary, the treasurer
12 shall remit from the Coastal Zone Recovery Fund Resilience Account to each
13 settling parish, through the parish governing authority, an annual payment
14 equivalent to the resilience funding amount requested by the Coastal Zone
15 Recovery Authority, subject to appropriation by the legislature. Resilience
16 funds allocated to settling parishes shall remain in a dedicated parish fund, and
17 any unexpended money remaining in the fund at the end of the fiscal year shall
18 be retained in the fund and expended only in accordance with a funding priority
19 list approved by the authority.
20 §214.54. Coastal Zone Recovery Subcommittee
21 A. The Coastal Zone Recovery Subcommittee is hereby created and
22 established as a subcommittee to the Coastal Protection and Restoration
23 Authority Board, created pursuant to R.S. 49: 214.5.1. The subcommittee shall
24 exercise the powers and duties provided by this Section, as authorized by the
25 Coastal Protection and Restoration Authority Board, or otherwise provided by
26 law.
27 B. The Coastal Zone Recovery Subcommittee shall consist of the
28 following members:
29 (1) A member from each settling parish appointed by the governing
Page 11 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 authority of that parish.
2 (2) The chairman of the Coastal Protection and Restoration Authority
3 Board or his designee.
4 (3) The Governor's Advisory Commission on Coastal Protection,
5 Restoration, and Conservation, represented by its designee.
6 (4) One member from the nonprofit corporation community, to be
7 appointed by a majority consent of the settling parishes.
8 (5) One member from energy production and distribution sector, to be
9 appointed by a majority consent of the settling parishes.
10 (6) One member appointed by the Association of Levee Boards of
11 Louisiana from the members of levee boards having districts located in whole
12 or in part within the Louisiana coastal zone.
13 C. Each appointment shall be for a term of four years.
14 D. The members representing the settling parishes shall elect a chairman
15 and vice chairman by majority consent.
16 E. The Coastal Zone Recovery Subcommittee shall have the following
17 roles and responsibilities:
18 (1) To advise the Coastal Protection and Restoration Authority Board
19 concerning coastal master plan integrated coastal protection and restoration,
20 protection, and remediation projects and programs implemented pursuant to
21 this Part.
22 (2) To review and approve requests for projects submitted by settling
23 parishes related to Coastal Zone Recovery Fund projects, as provided in this
24 Section.
25 (3) To coordinate with the Coastal Protection and Restoration Authority
26 and the Coastal Protection and Restoration Authority Board regarding
27 feasibility, funding, and implementation of eligible projects through the Coastal
28 Zone Recovery Fund.
29 (4) To advise the Coastal Protection and Restoration Authority and the
Page 12 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
1 Coastal Protection and Restoration Authority Board on the development of the
2 comprehensive coastal master plan relative to Coastal Zone Recovery Fund
3 projects.
4 (5) To receive reports from and advise the Coastal Protection and
5 Restoration Authority Board relative to the progress, challenges, and
6 recommendations concerning projects, programs, and policies implemented
7 pursuant to this Part.
8 (6) To provide a forum for and coordinate the exchange of information
9 on Subcommittee activities.
10 F. The Subcommittee shall meet as necessary at the call of the chairman
11 or as requested by the chairman of the Coastal Protection and Restoration
12 Authority Board.
13 Section 3. This Act shall become effective upon signature by the governor or, if not
14 signed by the governor, upon expiration of the time for bills to become law without signature
15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16 vetoed by the governor and subsequently approved by the legislature, this Act shall become
17 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 233 Original 2021 Regular Session Ward
Proposed law creates the State and Parish Coastal Zone Recovery Authority within the office
of the governor and creates its executive board. The membership of the board is as follows:
(1) A member from each settling parish appointed by the parish governing authority of
that parish.
(2)The chairman of the Coastal Protection and Restoration Authority Board (CPRA
Board) or his designee.
(3)The president of the Senate or his designee.
(4)The speaker of the House of Representatives or his designee.
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.
Page 13 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
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 creates the Coastal Zone Recovery Subcommittee as a subcommittee to the
Coastal Protection and Restoration Authority Board and consist of the following members:
(1)A member from each settling parish appointed by the governing authority of that
parish.
(2)The chairman of the CPRA Board or his designee.
(3)The Governor's Advisory Commission on Coastal Protection, Restoration, and
Conservation, represented by its designee.
(4)One member from the nonprofit corporation community to be appointed by a
majority consent of the settling parishes.
(5)One member from the energy production and distribution sector to be appointed by
a majority consent of the settling parishes.
(6)One member appointed by the Association of Levee Boards of Louisiana from the
members of levee boards having districts located in whole or in part within the
Louisiana coastal zone.
Proposed law provides that the term members of the subcommittee is four years and that the
members representing the settling parishes elect a chairman and vice chairman by majority
consent.
Proposed law provides the subcommittee exercises the powers and duties provided by
proposed law, as authorized by the CPRA Board, or as otherwise provided by law.
Proposed law relative to Coastal Zone Recovery Fund projects, provides that the roles and
responsibilities of the subcommittee are to advise the CPRA Board concerning coastal
master plan integrated coastal protection and restoration, and remediation projects and
programs implementation; review and approve requests for projects submitted by settling
parishes; coordinate with the CPRA and the CPRA Board regarding feasibility, funding, and
implementation of eligible projects; advise the CPRA and the CPRA Board on the
development of the comprehensive coastal master plan; receive reports from and advise the
CPRA Board relative to the progress, challenges, and recommendations concerning projects,
programs, and policies implementation; and to provide a forum for and coordinate the
exchange of information on subcommittee activities.
Proposed law requires the subcommittee to meet as necessary at the call of the chairman or
as requested by the chairman of the CPRA Board.
Proposed law defines "coastal zone lawsuits" as any action filed pursuant 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 "parish allocation agreement" as the agreement adopted as part of a
settlement agreement of a coastal zone lawsuit where such agreement affects more than one
settling parish and which allocates damages, payments, or other relief to such settling
parishes based on the relative level of impacts within each parish.
Proposed law defines "settlement agreement" as any final settlement agreement executed by
the parties to a coastal zone lawsuit.
Page 14 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
Proposed law defines "settling parish" as any parish that filed a coastal zone lawsuit or
entered into an agreement or compromise to settle the suit.
Proposed law provides the powers and duties of the board are to oversee the implementation
of the settlement agreements; oversee, manage, and approve all requests for projects
submitted by settling parishes related to the use of funds in the resilience account;
recommend annual appropriation by the legislature to settling parishes of monies in the
resilience account; oversee, manage, and approve the use of funds in the land rights account;
oversee, manage, and administer any environmental bank program and promulgate
guidelines, rules, and regulations in accordance with the APA to implement such program;
and exercise powers and duties otherwise provided by law.
Proposed law establishes the Coastal Zone Recovery Fund funded by monies from the
settlement of the coastal zone lawsuits and all interest income and all realized capital gains
on investment of any such monies. Also provides that any unexpended money remaining in
the fund at the end of the fiscal year be retained in the fund.
Proposed law limits the use of the fund, subject to appropriation by the legislature, for the
purposes of implementing of any settlement or final judgment in 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 integrated coastal protection projects, ecological restoration, remediation, hurricane
protection, community protection, including infrastructure, business and residential
resilience measures, and planning assistance and administrative costs. Proposed law creates
accounts within the Coastal Zone Recovery Fund for use for those specific purposes.
Proposed law provides for the Coastal Master Plan Integrated Coastal Protection Account
funded by 60% of the Coastal Zone Recovery Fund, to be used to implement integrated
coastal protection projects and programs in the coastal master plan.
Proposed law provides settling parishes submit a funding priority list of projects from the
coastal master plan to the Coastal Zone Recovery Subcommittee every three years. The
Coastal Zone Recovery Subcommittee approves projects on the list that comply with
proposed law and satisfy the terms and conditions of the settlement agreements. Proposed
law requires the subcommittee to coordinate with the CPRA Board regarding the
implementation of such projects. Further, approved funding priority lists are provided to the
CPRA Board for implementation.
Proposed law encourages innovative contracting activities to expedite project completion
and, unless expressly prohibited by law, preferences may be given to local contractors for
project planning, permitting, and implementation.
Proposed law provides that environmental credits generated from restoration activities
consistent with the settlement agreements, and any revenues or earnings from any integrated
coastal protection program project or activities, are deposited in and credited to Coastal Zone
Recovery Fund. Such revenues will be administered by the Coastal Zone Recovery Authority
as provided in the environmental bank program.
Proposed law provides for the "Restoration, Protection, and Remediation Account "funded
by a percentage of the monies in the Coastal Zone Recovery Fund, to be used for restoration,
protection, and remediation projects and programs within the settling parishes consistent
with the coastal master plan, the settlement agreement, and the parish allocation agreement.
Proposed law provides that the CPRA Board administers all appropriations received from
the Coastal Zone Recovery Fund related to projects funded from this account. However,
Page 15 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
proposed law authorizes the delegation for project-specific funds to settling parishes for
local implementation of certain approved projects, subject to oversight by the CPRA Board.
Proposed law provides settling parishes submit a three-year funding priority list of
restoration, protection, and remediation projects to the Coastal Zone Recovery
Subcommittee. The Coastal Zone Recovery Subcommittee approves projects on the list that
comply with proposed law and coordinate with the CPRA Board on the feasibility, planning,
and funding of such projects. The approved lists shall be provided to the CPRA Board for
inclusion in the annual plan.
Proposed law requires the CPRA Board to adopt guidelines, rules, or regulations in
accordance with the APA as necessary to effectuate the implementation, including
contracting, for such projects.
Proposed law encourages innovative contracting activities to expedite project completion
and, unless expressly prohibited by law, provides that preferences may be given to local
contractors for project planning, permitting, and implementation.
Proposed law provides that environmental credits generated from restoration activities
consistent with the settlement agreements, and any revenues or earnings from any integrated
coastal protection program project or activities, are deposited in and credited to Coastal Zone
Recovery Fund. Such revenues will be administered by the Coastal Zone Recovery Authority
as provided in the environmental bank program.
Proposed law provides for the "Resilience Account" funded by a percentage of the monies
in the Coastal Zone Recovery Fund to be used for programs and projects dedicated to
activities that increase the capacity of individuals, communities, organizations, and systems
to survive and adapt against the impacts of weather disasters and coastal land loss and
allocated in accordance with the terms and conditions of the settlement agreement for the
coastal zone lawsuits and the parish allocation agreement. Proposed law provides the funds
in this account are administered by the Coastal Zone Recovery Authority.
Proposed law provides that resilience projects include but are not limited to the following:
(1)Roadways, including evacuation routes and industry access corridors.
(2)Hardening and adaptive measures for key industry and community assets.
(3)Establishment of pipeline corridors.
(4)Emergency response investments, including investments in scientific
instrumentation.
(5)Utility upgrades that include but are not limited to upgrades to stormwater, sewer,
electrical, and telecommunications utilities.
(6)Mitigation of damage to fish, wildlife, or natural resources.
(7)Nonstructural risk reduction measures.
Proposed law provides that beginning the year after monies are deposited into the fund and
then every three years thereafter, each settling parish shall submit to the Coastal Zone
Recovery Authority a funding priority list of resilience projects that include at least a
three-year request for funding. Proposed law requires the Coastal Zone Recovery Authority
to approve projects that comply with proposed law and satisfy the settlement agreements.
Proposed law authorizes the authority to coordinate with the CPRA Board on such projects
and requires the authority request an annual appropriation from the Resilience account by
Page 16 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 21RS-416 ORIGINAL
the legislature to each settling parish in an amount equal to the expenditures for approved
resilience projects.
Proposed law provides for the "Land Rights Account" funded by a percentage of the monies
in the Coastal Zone Recovery Fund to be administered by the Coastal Zone Recovery
Authority for the acquisition of access rights, rights of use, servitudes, easements, or
payment for other rights or interests as necessary to fulfill the requirements of proposed law
and the settlement agreement.
Proposed law authorizes the CPRA Board to receive an annual payment from the Coastal
Zone Recovery Fund equivalent to the annual Coastal Zone Recovery Fund expenditures
provided in the annual plan.
Proposed law requires the treasurer to remit from the Coastal Zone Recovery Fund's
Resilience Account to each settling parish, through the parish governing authority, an annual
payment equivalent to the resilience funding amount requested by the Coastal Zone
Recovery Authority, subject to appropriation by the legislature.
Proposed law requires Resilience Account funds allocated to settling parishes remain in a
dedicated parish fund, and any unexpended money remaining in the fund at the end of the
fiscal year be retained in the fund and expended only in accordance with a funding priority
list approved by the authority.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 49:214.6.1(B)(10); adds R.S. 36:4(DD) and R.S. 49:214.5.2(A)(12) and (13),
214.5.4(K), 214.6.1(B)(11) and 214.51-214.54)
Page 17 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.