ENROLLED
2023 Regular Session
HOUSE BILL NO. 409
BY REPRESENTATIVE EDMONDS
1 AN ACT
2 To 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.
7 Be 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
21 purpose of managing stormwater flooding, including abatement of litter and other
22 flood-causing sediments. Any such district shall be a political subdivision of the
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 409 ENROLLED
1 state as defined in the Constitution of Louisiana. The boundaries of the district shall
2 encompass all of the territory of the respective parish or municipality. The
3 governing authority of the respective parish or municipality shall be the governing
4 authority of the district, referred to in this Section as the "board".
5 B. Any district created pursuant to this Section may create and operate one
6 or more stormwater management utility systems within the boundaries of the
7 respective district. Any such system shall be a revenue-producing public utility and
8 shall have all the rights, powers, and privileges granted to any such utility pursuant
9 to this Chapter and any other applicable provisions of law.
10 C.(1) Any district created pursuant to this Section may, by duly adopted
11 resolution of the board, levy fees within the boundaries of the district to aid in the
12 planning, construction, acquisition, extension, improvement, operation, and
13 maintenance of stormwater management utility systems.
14 (2)(a) The fees authorized in this Section shall be imposed by resolution of
15 the board. However, any resolution imposing fees shall be adopted only after a
16 proposition authorizing the levy of such fees has been approved by a majority of the
17 electors of the district voting at an election held for that purpose in accordance with
18 the Louisiana Election Code. The purpose, term, and amount of the fees shall be as
19 provided in the resolution.
20 (b) The board may provide in the resolution necessary and appropriate rules
21 and regulations for the imposition, collection, and enforcement of the fees.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.