HLS 22RS-1077 ORIGINAL 2022 Regular Session HOUSE BILL NO. 765 BY REPRESENTATIVE CARRIER ENVIRONMENT/LITTERING: Separates litter abatement responsibilities, grant program, and fund account from the environmental education section of the Department of Education, and places them with the Department of Culture, Recreation, and Tourism 1 AN ACT 2To amend and reenact R.S. 17:200, 203(7) and 205(Section heading) and (A), R.S. 3 30:2531(C)(4) and 2532(A)(5), R.S. 32:412(A)(1), (2), (5), and (6), and (B)(1), (2), 4 and (7)(e)(i)(cc) and (ee) and (ii)(cc) and (ee), R.S. 47:463.43(Section heading), (A), 5 and (D), and R.S. 56:10(B)(15) and to enact R.S. 17:215(E), Chapter 17-A of Title 6 49 of the Revised Statutes of 1950, to be comprised of R.S. 49:1131 through 1143, 7 and R.S. 56:10(B)(17) and to repeal R.S. 17:203(3) through (6), 204, 205(C), and 8 206 through 214 and R.S. 30:2532(B), relative to litter abatement responsibilities, 9 programs, and funding; to remove litter reduction and litter awareness functions from 10 the Department of Education and place them within the Department of Culture, 11 Recreation, and Tourism; to provide for the litter abatement grant program; to 12 separate the litter abatement and education account into an account for litter 13 abatement and an account for environmental education; to redirect existing fines, 14 fees, and donations dedicated for these purposes into the separate accounts; and to 15 provide for related matters. 16Be it enacted by the Legislature of Louisiana: 17 Section 1. R.S. 17:200, 203(7) and 205(Section heading) and (A) are hereby 18amended and reenacted and R.S. 17:215(E) is hereby enacted to read as follows: 19 SUBPART B-1. LOUISIANA ENVIRONMENTAL EDUCATION Page 1 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 AND LITTER REDUCTION ACT 2 §200. Title 3 This Subpart may be cited as the "Louisiana Environmental Education and 4 Litter Reduction Act". 5 * * * 6 §203. Definitions 7 As used in this Subpart, the following words have the meanings ascribed to 8 them unless the context requires otherwise: 9 * * * 10 (7)(3) "Section" means the environmental education and litter reduction 11 section located within and acting through the state Department of Education. 12 * * * 13 §205. Environmental Education and Litter Reduction Section; staff; powers and 14 duties; cooperation; funding 15 A. There is hereby created, within the state Department of Education, the 16 environmental education and litter reduction section which shall assist the 17 commission and perform responsibilities relative to education and litter abatement 18 as provided for in this Subpart. Insofar as funds are appropriated, staff may be 19 employed under the direction and control of the state superintendent of education and 20 in accordance with policies of the department. 21 * * * 22 §215. Grant program 23 * * * 24 E. The section is hereby authorized to accept, administer, and make use of 25 federal, state, local and private appropriations, public and private grants and 26 donations, and when it is deemed appropriate and feasible, to accept nonmonetary 27 funding in the form of services or equipment for use in connection with any of the 28 programs or purposes of this Subpart. 29 * * * Page 2 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 Section 2. R.S. 30:2531(C)(4) and 2532(A)(5) are hereby amended and reenacted 2to read as follows: 3 §2531. Intentional littering prohibited; criminal penalties; simple littering 4 prohibited; civil penalties; special court costs 5 * * * 6 C. Whoever violates the provisions of this Section shall pay special court 7 costs of one hundred dollars in lieu of other costs of court and the special court costs 8 shall be disbursed as follows: 9 * * * 10 (4) Twenty-five dollars shall be paid to the state treasury for credit to the 11 Litter Abatement and Education Account. 12 * * * 13 §2532. Collection and distribution of fines; litter abatement and education account 14 A. All fines collected under the provisions of this Part shall be payable as 15 follows: 16 * * * 17 (5) The remainder shall be paid to the state treasury for credit to the litter 18 abatement and education account. 19 * * * 20 Section 3. R.S. 32:412(A)(1), (2), (5), and (6), and (B)(1), (2), and (7)(e)(i)(cc) and 21(ee) and (ii)(cc) and (ee) are hereby amended and reenacted to read as follows: 22 §412. Amount of fees; credit or refund; duration of license; veteran designation; 23 disabled veteran designation; university logo; "I'm a Cajun" designation; 24 needs accommodation designation; autism spectrum disorder designation; 25 disbursement of funds; renewal by mail or electronic commerce of Class "D" 26 or "E" drivers' licenses; disposition of certain fees; exception 27 A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a 28 Class "D" driver's license, except those bona fide residents of the city of New 29 Orleans, shall pay for such basic license a fee of forty-two dollars and seventy-five Page 3 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 cents. Eleven dollars and fifteen cents of the fee shall be paid to the Louisiana State 2 Police Retirement System Fund. One dollar and fifty cents of the fee shall be 3 forwarded by the department to the litter abatement and education account which is 4 created with within the Conservation Fund through the provisions of R.S. 5 56:10(B)(15). 6 (2) The fee for Class "D" driver's licenses, or renewal of a Class "D" driver's 7 license, issued to bona fide residents of the city of New Orleans shall be fifty-four 8 dollars, fifteen dollars of which shall be payable by the department to the board of 9 trustees of the police pension fund of the city of New Orleans. One dollar and 10 eighty-four cents of the fee shall be paid to the Louisiana State Police Retirement 11 System Fund. One dollar and fifty cents of the fee shall be forwarded by the 12 department to the litter abatement and education account which is created within the 13 Conservation Fund through the provisions of R.S. 56:10(B)(15). 14 * * * 15 (5) Every applicant for a Class "E" driver's license, or for a renewal of a 16 Class "E" driver's license, except those bona fide residents of the city of New 17 Orleans, shall pay for such basic license a fee of twenty dollars and twenty-five 18 cents, which shall be the cost of such basic license. Five dollars and sixty-three cents 19 of the fee shall be paid to the Louisiana State Police Retirement System Fund. One 20 dollar and fifty cents of the fee shall be forwarded by the department to the litter 21 abatement and education account which is created within the Conservation Fund 22 through the provisions of R.S. 56:10(B)(15). 23 (6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's 24 license, issued to bona fide residents of the city of New Orleans shall be twenty 25 dollars and twenty-five cents, three dollars and seventy-five cents of which shall be 26 paid by the department to the board of trustees of the police pension funds of the city 27 of New Orleans. Three dollars and seventy-five cents of the fee shall be paid to the 28 Louisiana State Police Retirement System Fund. One dollar and fifty cents of the fee 29 shall be forwarded by the department to the litter abatement and education account Page 4 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 which is created within the Conservation Fund through the provisions of R.S. 2 56:10(B)(15). 3 * * * 4 B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's 5 license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's 6 license, except for those bona fide residents of the city of New Orleans, shall pay for 7 such basic license a fee of sixty-one dollars and fifty cents. Sixteen dollars and 8 twenty cents of the fee shall be paid to the Louisiana State Police Retirement System 9 Fund. One dollar and fifty cents of the fee shall be forwarded by the department to 10 the litter abatement and education account which is created within the Conservation 11 Fund through the provisions of R.S. 56:10(B)(15). 12 (2) The fee for a basic Class "A", "B", or "C" commercial driver's license, 13 or for the renewal of a basic Class "A", "B", or "C" commercial driver's license, 14 issued to bona fide residents of the city of New Orleans shall be seventy-six dollars 15 and fifty cents, fifteen dollars of which fee shall be paid by the department to the 16 board of trustees of the police pension fund of the city of New Orleans. Fifteen 17 dollars of the fee shall be paid to the Louisiana State Police Retirement System Fund. 18 One dollar and fifty cents of the fee shall be forwarded by the department to the litter 19 abatement and education account which is created with the Conservation Fund 20 through the provisions of R.S. 56:10(B)(15). 21 * * * 22 (7) 23 * * * 24 (e)(i) 25 * * * 26 (cc) Seventy-five cents of the fee shall be paid to the office of state police. 27 Two dollars and seventy-five cents of the fee shall be paid to the Louisiana State 28 Police Retirement System Fund. One dollar and fifty cents of the fee shall be Page 5 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 forwarded by the department to the litter abatement and education account which is 2 created within the Conservation Fund through the provisions of R.S. 56:10(B)(15). 3 * * * 4 (ee) Five dollars and fifty-six cents of the fee shall be paid to the Louisiana 5 State Police Pension and Retirement System Fund. One dollar and fifty cents of the 6 fee shall be forwarded by the department to the litter abatement and education 7 account which is created within the Conservation Fund through the provisions of 8 R.S. 56:10(B)(15). 9 * * * 10 (ii) 11 * * * 12 (cc) One dollar and fifty cents of the fee shall be paid to the Board of 13 Trustees of the Police Pension Fund of the city of New Orleans. One dollar and fifty 14 cents of the fee shall be paid to the State Police Pension and Retirement Fund. One 15 dollar and fifty cents of the fee shall be forwarded by the department to the litter 16 abatement and education account which is created within the Conservation Fund 17 through the provisions of R.S. 56:10(B)(15). 18 * * * 19 (ee) Seven dollars and fifty cents of the fee shall be payable by the 20 department to the board of trustees of the police pension fund of the city of New 21 Orleans. Ninety-two cents of the fee shall be paid to the State Police Pension and 22 Retirement Fund. One dollar and fifty cents of the fee shall be forwarded by the 23 department to the litter abatement and education account which is created within the 24 Conservation Fund through the provisions of R.S. 56:10(B)(15). 25 * * * 26 Section 4. R.S. 47:463.43(Section heading), (A), and (D) are hereby amended and 27reenacted to read as follows: 28 §463.43. Special license plates; environmental education and litter reduction section 29 account Page 6 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 A. The Department of Public Safety and Corrections shall establish a special 2 prestige motor vehicle license plate for environmental education by the Department 3 of Wildlife and Fisheries for the purposes provided in R.S. 56:10(B)(15)(17). The 4 license plates shall be restricted to use on passenger cars, pickup trucks, vans, and 5 recreational vehicles. 6 * * * 7 D. The department shall collect the donation for each license plate and 8 forward the donation as provided in Subsection C of this Section to the Department 9 of Wildlife and Fisheries. The one dollar handling fee as provided in Subsection C 10 of this Section shall be retained by the department to offset the administrative costs. 11 The funds received by the Department of Wildlife and Fisheries pursuant to this 12 Section shall be deposited in the litter abatement and environmental education 13 account which is created within the Conservation Fund through the provisions of 14 R.S. 56:10(B)(15)(17), and used solely for the purposes of that fund. 15 * * * 16 Section 5. Chapter 17-A of Title 49 of the Revised Statutes of 1950, comprised of 17R.S. 49:1131 through 1143, is hereby enacted to read as follows: 18 CHAPTER 17-A. KEEP LOUISIANA BEAUTIFUL INITIATIVE 19 §1131. Litter abatement, reduction, and control 20 The office of the secretary of the Department of Culture, Recreation, and 21 Tourism shall be responsible for implementing the provisions of this Chapter relative 22 to litter abatement, reduction, and control. 23 §1132. Definitions 24 As used in this Chapter, the following words have the meanings ascribed to 25 them unless the context requires otherwise: 26 (1) "Department" means the state Department of Culture, Recreation, and 27 Tourism. 28 (2) "Dispose" means to throw, discard, place, deposit, discharge, burn, dump, 29 drop, eject, or allow the escape of a substance. Page 7 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 (3) "Litter" means all waste material except as provided and defined in R.S. 2 30:2173, including but not limited to disposable packages, containers, sand, gravel, 3 rubbish, cans, bottles, refuse, garbage, trash, cigarettes, cigarette butts, cigars, 4 cigarillos, cigar or cigarillo tips, debris, dead animals, furniture or appliances, 5 automotive parts including but not limited to tires and engines, trailers, boats and 6 boating accessories, tools and equipment, and building materials, roofing nails, or 7 other discarded materials of any kind and description. While being used for or 8 distributed in accordance with their intended uses, litter shall not include political 9 pamphlets, handbills, religious tracts and newspapers, and other similar printed 10 materials, the unsolicited distribution of which is protected by the Constitution of the 11 United States or the Constitution of Louisiana. Litter shall not include agricultural 12 products that are being transported from the harvest or collection site to a processing 13 or market site if reasonable measures are taken to prevent the agricultural product 14 from leaving the transporting vehicle. Litter shall also not include recyclable 15 cardboard being transported in compressed bundles to processing facilities. 16 "Agricultural product" as used in this definition means all crops, livestock, poultry, 17 and forestry, and all aquacultural, floricultural, horticultural, silvicultural, and 18 viticultural products. 19 (4) "Local governing authority" means the governing authority of the parish 20 or the governing authority of the municipality in which the littering offense was 21 committed. 22 (5) "Public or private property" means the right-of-way of any road or 23 highway, levee, any body of water or watercourse or the shores or beaches thereof, 24 any park, playground, building, refuge, or conservation or recreation area, and 25 residential or farm properties, timberlands, or forests. 26 (6) "Secretary" means the office of the secretary of the Department of 27 Culture, Recreation, and Tourism. Page 8 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 §1133. Litter control awareness 2 The secretary may implement litter control awareness measures, including 3 but not limited to the following: 4 (1) Develop and implement litter prevention, publicity, educational, and 5 motivational campaigns and programs. 6 (2) Serve as the coordinating agency between various government and 7 private organizations seeking to aid in litter control and reduction and recycling 8 efforts. 9 (3) Assist local governments in the adoption and revision of ordinances 10 aimed at litter control and reduction. 11 (4) Encourage, organize, and coordinate voluntary campaigns seeking to 12 focus the attention of the public on programs to control and reduce litter and increase 13 public awareness. 14 (5) Provide encouragement of and increased funds for litter cleanup and 15 collection, litter prevention, and cleanup equipment. 16 (6) Promote litter abatement and control and encourage recycling. 17 (7) Promote public awareness and education. 18 (8) Assist local governments, industries, and other organizations which aid 19 in anti-litter efforts. 20 (9) Assist local governments in the coordination of local anti-litter efforts. 21 (10) Encourage, organize, and coordinate voluntary local anti-litter 22 campaigns seeking to focus the attention and participation of the public on the laws 23 of this state enacted to control and remove litter and to provide for the recycling of 24 trash materials. 25 (11) Investigate the availability of and apply for funds from any private or 26 public source to be used for the purposes of this Chapter. 27 (12) Exchange litter enforcement information with judges, district and 28 municipal attorneys, Louisiana state police, and local law enforcement officers on 29 enforcement mechanics. Page 9 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 (13) Award grants and provide financial assistance on a local level in 2 accordance with rules adopted pursuant to this Chapter in order to achieve the 3 purposes of this Chapter and award certificates of achievement for litter abatement. 4 (14) Investigate methods, and monitor effectiveness of this Chapter and of 5 techniques in the control of litter and develop, encourage, and coordinate litter 6 control within the state. 7 (15) Provide an annual report to the House Committee on Natural Resources 8 and Environment and the Senate Committee on Environmental Quality giving details 9 regarding the department's efforts to implement the provisions of this Chapter. 10 (16) Approve and disburse financial assistance to any local government or 11 nonprofit organization which, in written application, seeks such assistance to 12 implement a local litter prevention or abatement program. 13 (17) Support the Keep Louisiana Beautiful Program and network of affiliates 14 in the activation of civilian volunteers and development of organized litter 15 prevention programs. 16 §1134. Donations and grants; Louisiana Litter Abatement Grant Program 17 A. The secretary is hereby authorized to accept, administer, and make use 18 of federal, state, local and private appropriations, public and private grants and 19 donations, and when it is deemed appropriate and feasible, to accept nonmonetary 20 funding in the form of services or equipment for use in connection with any of the 21 programs or purposes of this Chapter. 22 B.(1) The Louisiana Litter Abatement Grant Program is hereby created 23 within the office of the secretary for the purpose of supporting community-based 24 litter abatement programs. 25 (2) Grants through the program shall be made available to local governments 26 and nonprofit organizations. Funding through the grant program shall be subject to 27 the availability of funds and shall be awarded on a competitive basis to be 28 determined by the secretary. Page 10 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 (3) The monies awarded through the grants shall be used to further the 2 administration and execution of the Keep Louisiana Beautiful Program. Allowable 3 uses of grant funding shall include but not be limited to the following: 4 (a) Keep America Beautiful fees. 5 (b) Keep Louisiana Beautiful pre-certification training, education 6 curriculums, and workshops. 7 (c) Law enforcement seminars. 8 (d) Litter surveys. 9 (e) Projects, services, activities, and operational costs of litter abatement 10 programs. 11 (f) Materials and services for program development and training. 12 (g) Direct expenditures for materials that can facilitate litter reduction, 13 recycling, waste reduction, reuse, and general solid waste management programs. 14 (h) Minimal advertising, public relations, and promotional materials 15 necessary for publicity and promotion of program activities. 16 (i) Salary of the program coordinator and staff. 17 (4) Each successful applicant shall supplement grant funds with a fifteen 18 percent match from other sources. All matching funds must be available to the 19 program after the date of the grant award, and funds spent prior to the grant award 20 shall not be considered in fulfillment of the match requirement. 21 §1135. Removal of litter; responsibility 22 The duty to remove litter from receptacles placed at publicly owned parks, 23 beaches, campgrounds, trailer parks, roadside parks, and other property shall remain 24 with those state and local agencies performing litter removal within their respective 25 jurisdictions. The duty to remove litter from litter receptacles placed on private 26 property which is used by the public shall remain with the owner. 27 §1136. Anti-litter campaign; industrial and civic cooperation requested 28 In order to aid in the statewide anti-litter campaign authorized by this 29 Chapter, the secretary may solicit the assistance and active cooperation of industry Page 11 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 and private civic organizations which are active in anti-litter efforts so that additional 2 effect may be given to the campaign to eradicate litter within the state. 3 §1137. Adopt-a-beach program 4 In order to fulfill the obligations and responsibilities under this Chapter, the 5 secretary may develop a program to be known as "adopt-a-beach", whereby an 6 industry or a private civic organization may adopt one mile of Louisiana beach for 7 the sole purpose of controlling litter along that section of beach. Included in the 8 responsibilities of any industry or private civic organization which chooses to 9 participate in the program shall be the following: 10 (1) Development of a functional plan to influence and encourage the public 11 to improve the appearance of the adopted section of beach. 12 (2) A general cleanup of the area at least twice a year. 13 (3) Assistance to the secretary in securing media coverage for the program. 14 §1138. Community improvement program 15 In order to fulfill the obligations and responsibilities under this Chapter, the 16 secretary may coordinate a community improvement program whereby an annual 17 cleanup may be conducted during the spring encouraging local groups to clean 18 streets, alleys, public areas, adopted roads and beaches, and state and parish 19 highways in surrounding areas. Beautification programs may be conducted along 20 with the cleanup programs at schools, public buildings and grounds, median areas, 21 entrances to subdivisions, commercial areas, and other similar areas. Graffiti 22 removal and excess signage removal programs may be held simultaneously. 23 §1139. Beach sweep program 24 In order to fulfill the obligations and responsibilities under this Chapter, the 25 secretary may propose and encourage beach sweep programs whereby coordinated 26 cleanups may be conducted on the state's beaches. The beach sweep program may 27 consist of removing debris and trash while conducting data collection on marine 28 debris. 29 §1140. Inland water cleanup Page 12 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 In order to fulfill the obligations and responsibilities under this Chapter, the 2 secretary may promote and encourage inland water cleanups whereby a waterway 3 cleanup may be conducted annually by local groups to clean rivers, bayous, lakes, 4 streams, and other waterways encouraging beautification through removal of litter 5 and debris. 6 §1141. Boaters' and fishermen's pledge 7 In order to fulfill the obligations and responsibilities under this Chapter, the 8 secretary may promote and encourage a program known as "boaters' and fishermen's 9 pledge" whereby the program may be conducted asking sportsmen to sign a 10 commitment to bring trash and debris generated in their vehicle or boat back home 11 or to proper disposal receptacles. 12 §1142. Adopt-a-byway program 13 A. In order to fulfill the obligations and responsibilities under this Chapter, 14 the secretary may promote and encourage a program to be known as 15 "adopt-a-byway", whereby an organization which owns, uses, or leases property 16 adjacent to a parish maintained road may adopt a section of such road for the sole 17 purpose of controlling litter along that section. Included in the responsibilities of any 18 organization which chooses to participate in the program may be the following: 19 (1) Development of a functional plan to influence and encourage the public 20 to improve the appearance of the adopted section of the road. 21 (2) A general cleanup of the area at least twice a year. 22 (3) Assistance to the secretary in securing media coverage for the program. 23 B. Any parish or municipality which develops an "adopt-a-byway" program 24 shall coordinate the adoption of rules governing the program with the secretary. 25 C. Any parish or municipality which develops an "adopt-a-byway" program 26 may use funds received from the collection of fines provided for under the provisions 27 of R.S. 30:2532(A) to place a sign upon a portion of a road identifying the 28 organization which has adopted such portion of the road. Page 13 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 D. The Department of Transportation and Development may promulgate 2 rules and regulations to implement the provisions of this Section regarding the 3 placement, construction, and maintenance of the signs. 4 §1143. Adopt-a-waterbody program 5 A. In order to fulfill the obligations and responsibilities under this Chapter, 6 the secretary may promote and encourage a program to be known as "adopt-a- 7 waterbody", whereby a business or a private civic organization may adopt a portion 8 of a public bayou, stream, creek, river, or lake for the sole purpose of controlling 9 litter. Included in the responsibilities of any business or private civic organization 10 which chooses to participate in the program may be as follows: 11 (1) Development of a functional plan to influence and encourage the public 12 to improve the appearance of the adopted portion of a public waterbody. 13 (2) A general cleanup of the area at least twice a year. 14 (3) Assistance to the secretary in securing media coverage for the program. 15 B. Any organization which adopts a portion of a public bayou, stream, creek, 16 river, or lake may place a sign identifying the organization on an interstate highway 17 or state highway within two hundred feet of the adopted water body upon approval 18 of the Department of Transportation and Development. Such a sign may also be 19 placed on the bank of the adopted waterbody with the approval of the riparian 20 landowner. 21 * * * 22 Section 6. R.S. 56:10(B)(15) is hereby amended and reenacted and R.S. 2356:10(B)(17) is hereby enacted to read as follows: 24 §10. Annual report to governor; estimate of proposed expenditures; particular funds; 25 limitations on purposes for use of monies in particular funds and accounts; 26 warrants; vouchers; surplus funds 27 * * * 28 B. 29 * * * Page 14 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 (15)(a) There is hereby created within the Conservation Fund a special 2 account known as the "litter abatement and education account" which shall consist 3 of donations collected from the sale of the environmental education license plate 4 provided for in R.S. 47:463.43; revenue received by the Conservation Fund from the 5 Department of Public Safety and Corrections, office of motor vehicles as provided 6 in R.S. 32:412; revenue received by the Conservation Fund from fines for violations 7 of the provisions of Part I of Chapter 21 of Subtitle II of Title 30 as provided in R.S. 8 30:2531 and 2532; funds from public or private donations and any other source 9 which may specify deposit to this account; and any remaining balance in the litter 10 abatement and education account as of August 1, 2022. The revenues shall be 11 subject to the same requirements as provided for other revenues placed in the 12 Conservation Fund in Paragraph (1) of this Subsection. 13 (b) The funds in this account shall be used solely for the following: 14 (i) To develop, review, approve, and implement a plan for statewide 15 environmental education. 16 (ii) To provide for environmental education litter abatement grant programs 17 in the state. 18 (iii) To develop an environmental education curriculum framework. 19 (iv) To develop guidelines for incorporating environmental education into 20 teacher education requirements. 21 (v) To develop environmental education teacher professional development. 22 (vi) To provide for formal environmental education. 23 (vii)(ii) To provide for litter abatement and enforcement. 24 (viii)(iii) To support community-based litter abatement programs. 25 (ix)(iv) To develop, disseminate, and assess litter education and awareness 26 programs and materials. 27 * * * 28 (17)(a) There is hereby created within the Conservation Fund a special 29 account known as the "environmental education account" which shall consist of Page 15 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 1 donations collected from the sale of the environmental education license plate 2 provided for in R.S. 47:463.43 and funds from public or private donations and any 3 other source which may specify deposit to this account. The revenues shall be 4 subject to the same requirements as provided for other revenues placed in the 5 Conservation Fund in Paragraph (1) of this Subsection. 6 (b) The funds in this account shall be used solely for the following: 7 (i) To develop, review, approve, and implement a plan for statewide 8 environmental education. 9 (ii) To provide for environmental education grant programs in the state. 10 (iii) To develop an environmental education curriculum framework. 11 (iv) To develop guidelines for incorporating environmental education into 12 teacher education requirements. 13 (v) To develop environmental education teacher professional development. 14 (vi) To provide for formal environmental education. 15 * * * 16 Section 5. R.S. 17:203(3) through (6), 204, 205(C), and 206 through 214 and R.S. 1730:2532(B) are hereby repealed in their entirety. 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 765 Original 2022 Regular Session Carrier Abstract: Removes litter reduction and awareness responsibilities, litter abatement grants, and anti-litter programs from the Dept. of Education and places these functions within the Dept. of Culture, Recreation, and Tourism. Creates separate accounts for environmental education and litter abatement and redirects existing funding between these two accounts. Present law contains a La. Environmental Education and Litter Reduction Act, which creates and provides for an environmental education and litter reduction section within the Dept. of Education. Present law establishes the responsibilities of this department section as environmental education programming throughout the state as well as litter control awareness programming, a litter abatement grant program, and a host of programs designed to encourage anti-litter efforts from the private sector, including the following: (1)Adopt-a-beach program (2) Community improvement program Page 16 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 (3)Beach sweep program (4)Inland water cleanup (5)Boaters' and fishermen's pledge (6)Adopt-a-byway program (7)Adopt-a-waterbody program Proposed law removes litter reduction, litter control awareness, the litter abatement grant program, and the private sector anti-litter programs from under the Dept. of Education and places them each under the office of the secretary for the Dept. of Culture, Recreation, and Tourism. Present law creates within the Conservation Fund an account entitled the "litter abatement and education account" to be used towards certain environmental education and litter abatement programs and goals. Present law further directs donations from certain prestige license plates, a portion of littering fines and court costs paid, and a portion of fees collected for the issuance and renewal of driver's licenses into this account. Proposed law creates the "litter abatement account" within the Conservation Fund and directs that a portion of littering fines and court costs paid and a portion of the fees collected for the issuance and renewal of driver's licenses into this account. Proposed law further specifies that funds in the account be used for litter abatement grants, litter abatement and enforcement, and to support community-based litter abatement programs. Proposed law creates the "environmental education account" within the Conservation Fund and directs that donations from the environmental education special prestige license plate be credited to the account. Proposed law specifies that funds in the account be used for statewide environmental education, environmental education grant programs, development of environmental education curriculum and teacher education and professional development requirements, and litter education and awareness programs and materials. Present law provides fines and special court costs for intentional littering and directs portions of those fines and special court costs to the litter abatement and education account. Proposed law retains the fines and special court costs for intentional littering under present law, but directs the portions dedicated to the litter abatement and education account under present law to the litter abatement account instead. Present law provides for fees to be charged for the issuance or renewal of driver's licenses and directs a portion of those fees to the litter abatement and education account. Proposed law retains the same fees, but directs the portions dedicated to the litter abatement and education account under present law to the litter abatement account instead. Present law provides for a special prestige license plate for environmental education and dedicates a portion of the donation received for such plates to the litter abatement and education account. Proposed law retains the special prestige license plate and the donation required for the plate, but directs the portions dedicated to the litter abatement and education account under present law to the environmental education account instead. Present law creates a litter abatement and education account within the state treasury and directs fines from littering violations into this account. Proposed law repeals present law. (Amends R.S. 17:200, 203(7) and 205(Section heading) and (A), R.S. 30:2531(C)(4) and 2532(A)(5), R.S. 32:412(A)(1), (2), (5), and (6), and (B)(1), (2), and (7)(e)(i)(cc) and (ee) Page 17 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1077 ORIGINAL HB NO. 765 and (ii)(cc) and (ee), R.S. 47:463.43(Section heading), (A), and (D), and R.S. 56:10(B)(15); Adds R.S. 17:215(E), R.S. 49:1131-1143, and R.S. 56:10(B)(17); Repeals R.S. 17:203(3)- (6), 204, 205(C), and 206-214 and R.S. 30:2532(B)) Page 18 of 18 CODING: Words in struck through type are deletions from existing law; words underscored are additions.