The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Archana D. Cadge.
DIGEST
SB 280 Engrossed 2022 Regular Session Bernard
Present law provides it is the responsibility of the state to provide a means for inspection, regulation,
and supervision of all present and future dams within the state excluding the Toledo Bend Dam.
Present law further provides all dams excluding the Toledo Bend shall be under the jurisdiction of
the Department of Transportation office of engineering.
Proposed law retains present law and additionally excludes the state from being responsible or over
the jurisdiction for locks and dams on the following:
(1)Red River
(2)Ouachita River
(3)Black River
(4)Mississippi River
(5)tributaries under the jurisdiction of the US Army Corp of Engineers.
Present law provides for the definition of dam.
Proposed law retains present law and provides for definitions for "dam height" and "modification".
Proposed law further provides all designs for new dams and modification or removal of existing
dams under state jurisdiction shall be designed by a professional engineer registered in the state of
Louisiana.
Proposed law provides that an engineer who does not comply with the notice requirements of
proposed law shall be reported to LAPELS.
Present law provides for the requirements in which legal action may be brought against the state for
damages caused by partial or total failure of any dam.
Proposed law provides for technical additions to the requirements for which a legal action may be
brought against the state.
Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 38:21, 22, 23, 26(C), 27, and 28(B); adds R.S. 38:28(C) and (D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways, and
Public Works to the original bill
1. Changes the definition of "modification".
2. Changes the entity that an engineer can be reported to from DOTD to LAPELS.
3. Makes technical changes.