HLS 23RS-218 REENGROSSED 2023 Regular Session HOUSE BILL NO. 526 BY REPRESENTATIVES ZERINGUE, BOURRIAQUE, AND JENKINS AND SENATOR MILLIGAN Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. GOVERNMENT ORGANIZATION: Establishes a chief resilience officer and provides for interagency coordination of resilience planning 1 AN ACT 2To enact Part VIII of Chapter 2 of Title 49 of the Louisiana Revised Statutes of 1950, to be 3 comprised of R.S. 49:220.41 through 220.46, relative to resilience; to establish a 4 chief resilience officer; to provide for the purposes and duties of the chief resilience 5 officer; to provide for a statewide resilience report; to establish an Interagency 6 Resilience Coordination Team and provide for its members and meetings; to 7 establish a Louisiana Resilience Task Force; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. Part VIII of Chapter 2 of Title 49 of the Louisiana Revised Statutes of 101950, comprised of R.S. 49:220.41 through 220.46, is hereby enacted as follows: 11 PART VIII. RESILIENCE 12 §220.41. Chief resilience officer; purpose 13 A. There shall be a chief resilience officer within the office of the governor 14 to perform the functions and duties provided in this Part. 15 B. The chief resilience officer shall be appointed by the governor, subject to 16 confirmation by the Senate. The chief resilience officer shall be paid a salary fixed 17 by the governor. The chief resilience officer shall serve at the pleasure of and shall 18 report directly to the governor. Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 1 C. The governor may assign other personnel to assist the chief resilience 2 officer in the performance of his duties as he deems necessary. 3 §220.42. Functions and duties 4 A. The chief resilience officer shall: 5 (1) Coordinate and provide strategic direction for governmental resilience 6 initiatives in order to build long-term resilience for a robust, vibrant economic 7 activity, sustainable natural environment, and health and opportunity for Louisiana 8 residents. 9 (2) Provide technical guidance to agencies, as well as local and regional 10 jurisdictions, to integrate statewide resilience goals into future projects, plans, and 11 programs. 12 (3) Review and reconcile state agency comments on federally sponsored 13 resilience and risk mitigation activities to establish and present an official state 14 position. 15 (4) Pursue all available federal and private funds consistent with the 16 purposes of this Part. 17 (5) Coordinate with the Governor's Office of Homeland Security and 18 Emergency Preparedness for emergency management and disaster response. 19 B. The chief resilience officer, subject to the approval of the governor, shall: 20 (1) Coordinate state agency powers, duties, functions, and responsibilities 21 relative to reducing risk and protecting communities, businesses, vital infrastructure, 22 and the environment, including flood risk mitigation and disaster housing. 23 (2) Coordinate all state departmental budget requests for programs and 24 projects pertaining to resilience and risk mitigation. 25 (3) Appraise the adequacy of statutory and administrative mechanisms for 26 coordinating the state's policies and programs at both the intrastate and interstate 27 levels with respect to resilience and risk mitigation. 28 (4) Appraise the adequacy of federal, regional, state, and local programs to 29 achieve the policies and meet the goals of the state with respect to resilience and risk 30 mitigation. Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 1 (5) Coordinate and focus federal involvement in Louisiana with respect to 2 resilience and risk mitigation. 3 (6) Provide official state recommendations to the legislature and congress 4 with respect to policies, programs, and coordinating mechanisms relative to 5 resilience and risk mitigation. 6 (7) Assist with the state's planning efforts including the Coastal Master Plan, 7 the State Hazard Mitigation Plan, and the Statewide Watershed Management Plan, 8 to ensure the incorporation and alignment of the state's resilience goals and 9 objectives into a unified, proactive, pre-disaster approach to adaptation and 10 long-term resilience. 11 (8) Represent the resilience and risk mitigation policy of the state at the 12 federal, regional, state, and local levels. 13 §220.43. Statewide resilience report 14 A. To coordinate and strengthen efforts to reduce losses from future disasters 15 across the state, the chief resilience officer shall contribute to all statewide planning 16 efforts related to resilience and risk mitigation and shall develop a strategic statewide 17 resilience report to protect the state from multiple threats, prioritizing the risks from 18 inland and coastal flooding. The report shall include but is not limited to the 19 following: 20 (1) Articulation of the state's resilience goals and objectives. 21 (2) Utilization of best available science, including a range of future 22 projections, to identify and implement policies, projects, and programs that achieve 23 the state's resilience goals and objectives. 24 (3) Prioritization of agency-identified adaptation actions based on a 25 vulnerability assessment of risks to agency mission areas, assets, services, and 26 populations served from multiple environmental threats. 27 (4) Descriptions of agency strategic actions. 28 B. The statewide resilience report shall be updated every year with the latest 29 available science and updated conditions. Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 1 C. The office of resilience shall submit the annual statewide resilience report 2 to the legislature and to the David R. Poynter Legislative Research Library in 3 accordance with the provisions of R.S. 24:772 by February fifteenth every year. 4 §220.44. State agency resilience officers 5 A.(1) Each department head in the executive branch of state government 6 shall designate at least one person to serve as the department's resilience officer and 7 shall transmit the name and contact information of each designee to the chief 8 resilience officer and shall notify the chief resilience officer of any change in the 9 name or contact information of a designee within ten days. 10 (2) Each presiding officer of the legislature shall designate at least one 11 person to serve as the legislature's resilience officer and shall transmit the name and 12 contact information of each designee to the chief resilience officer and shall notify 13 the chief resilience officer of any change in the name or contact information of a 14 designee within ten days. 15 (3) The chief justice of the Louisiana Supreme Court shall designate at least 16 one person to serve as the judiciary's resilience officer and shall transmit the name 17 and contact information of each designee to the chief resilience officer and shall 18 notify the chief resilience officer of any change in the name or contact information 19 of a designee within ten days. 20 B. The agency resilience officers shall coordinate activities with the chief 21 resilience officer as necessary and shall serve on the Interagency Resilience 22 Coordination Team as provided in R.S. 49:220.45. 23 §220.45. Interagency Resilience Coordination Team 24 A. The Interagency Resilience Coordination Team is established to maintain 25 awareness, communication, and alignment with regard to the state's resilience and 26 risk mitigation needs, progress, and priorities and to oversee development of the 27 statewide resilience report. 28 B. The team shall be comprised of the resilience officers from each state 29 agency and the chief resilience officer, who shall serve as chair. Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 1 C. The team shall meet upon the call of the chair, with a minimum of four 2 meetings annually. 3 D. The team shall make recommendations to and render assistance and 4 guidance to agencies in the development of strategic plans for resilience. 5 §220.46. Louisiana Resilience Task Force 6 A. There is hereby established a Louisiana Resilience Task Force to provide 7 strategic direction to resilience efforts across the state and to make recommendations 8 to the chief resilience officer. 9 B. The task force shall be composed of the following members: 10 (1) The chief resilience officer, who shall serve as chair and shall represent 11 the views of the Interagency Resilience Coordination Team. 12 (2) The director of the Governor's Office of Homeland Security and 13 Emergency Preparedness or his designee. 14 (3) The Governor's Executive Assistant for Coastal Activities or his 15 designee. 16 (4) The commissioner of the division of administration or his designee. 17 (5) The commissioner of insurance or his designee. 18 (6) The secretary of the Department of Transportation and Development or 19 his designee. 20 (7) The executive director of the Police Jury Association of Louisiana, Inc. 21 or his designee. 22 (8) The executive director of the Parish Presidents of Louisiana Association 23 or his designee. 24 (9) The speaker of the House of Representatives or his designee. 25 (10) The president of the Senate or his designee. 26 (11) The executive director or his designee of Louisiana Municipal 27 Association. 28 (12) A member from the Public Service Commission. 29 C. The task force shall meet quarterly and at the call of the chairman. Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 1 Section 2. The chief resilience officer shall submit the initial statewide resilience 2report to the legislature and the David R. Poynter Legislative Research Library by February 315, 2024, and the chief resilience officer shall convene the first meeting of the Interagency 4Resilience Coordination Team no later than October 1, 2023. 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 526 Reengrossed 2023 Regular Session Zeringue Abstract: Establishes and provides for a chief resilience officer in the office of the governor, an Interagency Resilience Coordination Team, and a La. Resilience Task Force to coordinate and align policies, plans, budgets, and resources regarding resilience. Proposed law creates a chief resilience officer (CRO) within the office of the governor, who is appointed by and serves at the pleasure of the governor, subject to confirmation by the Senate. Provides that the governor may assign other personnel to assist the chief resilience officer as necessary. Proposed law requires the CRO to perform functions and duties, including: (1)Coordinate and provide direction for governmental resilience initiatives. (2)Provide guidance to agencies at all levels to integrate resilience goals into future plans. (3)Review and reconcile state agency comments on federally sponsored resilience and risk mitigation activities to establish and present an official state position. (4)Pursue all available federal and private funds consistent with the purposes established in proposed law. (5)Coordinate with the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP) for emergency management and disaster response. Proposed law provides the CRO, subject to the approval of the governor, shall: (1)Coordinate state agency powers, duties, functions, and responsibilities relative to reducing risk and protecting communities, businesses, vital infrastructure, and the environment, including flood risk mitigation and disaster housing. (2)Coordinate all state departmental budget requests for programs and projects pertaining to resilience and risk mitigation. (3)Appraise the adequacy of statutory and administrative mechanisms for coordinating the state's policies and programs at both the intrastate and interstate levels with respect to resilience and risk mitigation. (4)Appraise the adequacy of federal, regional, state, and local programs to achieve the policies and meet the goals of the state with respect to resilience and risk mitigation. Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 (5)Coordinate and focus federal involvement in Louisiana with respect to resilience and risk mitigation. (6)Provide the official state recommendations to the legislature and congress with respect to policies, programs, and coordinating mechanisms relative to resilience and risk mitigation. (7)Assist with the state's planning efforts including the Coastal Master Plan, the State Hazard Mitigation Plan, and the Statewide Watershed Management Plan, to ensure the incorporation and alignment of the state's resilience goals and objectives into a unified, proactive, pre-disaster approach to adaptation and long-term resilience. (8)Represent resilience and risk mitigation policy of the state at the federal, regional, state, and local levels. Proposed law requires the CRO to develop a statewide resilience report, to be updated and provided to the legislature annually by Feb. 15th. Specifies that the report must include: (1)Articulation of the state's resilience goals and objectives. (2)Utilization of best available science, including a range of future projections, to identify and implement policies, projects, and programs that achieve the state's resilience goals and objectives. (3)Prioritization of agency-identified adaptation actions based on a vulnerability assessment of risks to agency mission areas, assets, services, and populations served from multiple environmental threats. (4)Descriptions of agency strategic actions. Proposed law requires that each executive branch department head to designate at least one person to serve as the department's resilience officer. Requires the presiding officers of the legislature to designate at least one person to serve as the legislature's resilience officer. Requires the chief justice of the supreme court to designate at least one person to serve as the judiciary's resilience officer. Requires the names and contact information of the designees to be submitted to the CRO and requires notification of any change in the name or contact information to be submitted to the CRO within 10 days. Provides that these agency resilience officers shall coordinate activities with the CRO and shall serve on the Interagency Resilience Coordination Team established in proposed law. Proposed law establishes an Interagency Resilience Coordination Team to maintain awareness, communication, and alignment with regard to the state's resilience and risk mitigation needs, progress, and priorities and to oversee development of the statewide resilience report. Proposed law requires that the Interagency Resilience Coordination Team be comprised of the CRO as chair and the agency resilience officers. The CRO is required to convene the coordination team by Oct. 1, 2023, and they are to meet at least four times a year. Proposed law establishes a La. Resilience Task Force to provide strategic direction to resilience efforts across the state and to make recommendations to the chief resilience officer. The task force shall be composed of the following members: (1)The chief resilience officer, who shall serve as chair and shall represent the views of the Interagency Resilience Coordination Team. (2)The director of GOHSEP or his designee. Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-218 REENGROSSED HB NO. 526 (3)The governor's executive assistant for coastal activities or his designee. (4)The commissioner of the division of administration or his designee. (5)The commissioner of insurance or his designee. (6)The secretary of the Dept. of Transportation and Development or his designee. (7)The executive director of the Police Jury Association or his designee. (8) The executive director of the Parish Presidents Association or his designee. (9)The speaker of the House of Representatives or his designee. (10)The president of the Senate or his designee. (11)The executive director of the La. Municipal Assoc. or his designee. (12)A member from the Public Service Commission. Proposed law requires the task force to meet quarterly and at the call of the chairman. (Adds R.S. 49:220.41-220.46) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on House and Governmental Affairs to the original bill: 1. Remove provisions establishing an office of resilience. 2. Provide that agency resilience officers are designated rather than appointed and clarify which agencies are required to designate an officer. 3. Change provisions requiring the governor, through the chief resiliency officer to perform specified functions, to requiring the chief resilience officer to perform those functions subject to the approval of the governor. 4. Change the required submission date of the annual statewide resilience report to the legislature from by March 1st to by Feb. 15th. 5. Allow the secretary of DOTD to have a designee on the task force. 6. Make technical changes. The House Floor Amendments to the engrossed bill: 1. Adds a representative from the La. Municipal Assoc. and the Public Service Commission to the task force. 2. Make technical changes. Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions.