HLS 23RS-697 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 409
BY REPRESENTATIVE EDMONDS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UTILITIES: Provides relative to stormwater utility systems
1 AN ACT
2To amend and reenact R.S. 33:4161.1, relative to stormwater management; to authorize
3 parishes and municipalities to create stormwater management utility districts; to
4 provide relative to the purpose, boundaries, governance, and powers and duties of
5 the districts; to provide for the funding of any such district; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 33:4161.1 is hereby amended and reenacted to read as follows:
9 ยง4161.1. Stormwater utility systems; political subdivisions management utility
10 districts; parishes and municipalities
11 A. For the purpose of managing stormwater flooding, including abatement
12 of litter and other flood-causing sediments, a political subdivision may create one or
13 more stormwater utility systems and adopt stormwater utility fees sufficient to plan,
14 construct, acquire, extend, improve, operate, and maintain stormwater management
15 systems, either within or without its boundaries. Any stormwater utility system
16 created pursuant to this Section shall be a revenue-producing public utility pursuant
17 to R.S. 33:4161 and shall have all the rights, powers, and privileges granted to such
18 utilities by this Part and any other applicable provisions of law. The governing
19 authority of any parish or municipality may create, by ordinance, a stormwater
20 management utility district, referred to in this Section as the "district", for the
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HB NO. 409
1 purpose of managing stormwater flooding, including abatement of litter and other
2 flood-causing sediments. Any such district shall be a political subdivision of the
3 state as defined in the Constitution of Louisiana. The boundaries of the district shall
4 encompass all of the territory of the respective parish or municipality. The
5 governing authority of the respective parish or municipality shall be the governing
6 authority of the district, referred to in this Section as the "board".
7 B. Any district created pursuant to this Section may create and operate one
8 or more stormwater management utility systems within the boundaries of the
9 respective district. Any such system shall be a revenue-producing public utility and
10 shall have all the rights, powers, and privileges granted to any such utility pursuant
11 to this Chapter and any other applicable provisions of law.
12 C.(1) Any district created pursuant to this Section may, by duly adopted
13 resolution of the board, levy fees within the boundaries of the district to aid in the
14 planning, construction, acquisition, extension, improvement, operation, and
15 maintenance of stormwater management utility systems.
16 (2)(a) The fees authorized in this Section shall be imposed by resolution of
17 the board. However, any resolution imposing fees shall be adopted only after a
18 proposition authorizing the levy of such fees has been approved by a majority of the
19 electors of the district voting at an election held for that purpose in accordance with
20 the Louisiana Election Code. The purpose and amount of the fees shall be as
21 provided in the resolution.
22 (b) If approved, the fees shall expire at the end of the term provided for in
23 the proposition authorizing the fees, not to exceed five years, but the fees may be
24 renewed if approved by a majority of the registered voters of the district voting on
25 the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any
26 election to authorize the renewal of the fees shall be held for that purpose in
27 accordance with the Louisiana Election Code. If renewed, the term of the imposition
28 of the fees shall be as provided in the proposition authorizing such renewal, not to
29 exceed five years.
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HB NO. 409
1 (c) The board may provide in the resolution necessary and appropriate rules
2 and regulations for the imposition, collection, and enforcement of the fees.
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 409 Reengrossed 2023 Regular Session Edmonds
Abstract: Relative to stormwater utility systems, authorizes parishes and municipalities to
create certain districts for the purpose of managing such systems.
Present law authorizes any political subdivision to create one or more stormwater utility
systems to manage stormwater flooding and adopt stormwater utility fees sufficient to plan,
construct, acquire, extend, improve, operate, and maintain stormwater management systems,
either within or without its boundaries. Further provides that any system created pursuant
to present law is a revenue-producing public utility pursuant to present law and shall have
all the rights, powers, and privileges granted to such utilities by present law.
Present law (R.S. 33:4161) defines a "revenue-producing public utility" as a revenue-
producing business or organization that regularly supplies the public with a commodity or
service or any project or undertaking owned and operated by a political subdivision
authorized by present constitution or by present law to issue bonds, from the conduct and
operation of which revenue can be derived.
Proposed law instead authorizes parishes and municipalities to create stormwater
management utility districts as political subdivisions of the state to manage stormwater
flooding. Authorizes such a district to create and operate one or more stormwater
management utility systems within its boundaries. Provides that the governing authority of
the respective parish or municipality shall be the governing authority of the district. Further
provides that any system created pursuant to proposed law is a revenue-producing public
utility as defined in present law and shall have all the rights, powers, and privileges granted
to the utilities by present law.
Proposed law additionally authorizes the districts to levy fees, subject to voter approval, to
aid in the planning, construction, acquisition, extension, improvement, operation, and
maintenance, of stormwater management utility systems. Provides that the purpose and
amount of the fees shall be as provided in the board's resolution. Provides that the fees shall
expire at the end of the term provided for in the proposition authorizing the fees, not to
exceed five years, but authorizes renewal of the fees. Further provides that if the fees are
renewed, the term the imposition shall be as provided in the proposition authorizing such
renewal, not to exceed five years.
(Amends R.S. 33:4161.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.