GREEN SHEET REDIGEST
HB 971 2024 Regular Session Wright
PORTS/HARBORS/TERMINALS: Creates the Louisiana Ports and Waterways
Investment Commission.
DIGEST
Proposed law creates the La. Ports and Waterways Investment Commission to serve as an
advocate for all of the state's ports, to articulate a vision for the future of the state's ports and
waterways investment through the development of strategic plan and investment program for
such purpose, to provide focus and coordination for the state's efforts to attract international
trade to the state's ports, to set funding priorities for the development and growth of the
state's ports and its water transportation system, and to leverage the financing capacity of the
state's ports through coordinated financing arrangements.
Proposed law provides for governance of the commission by a board of directors composed
of the following members:
(1)One member appointed by the governor and who will serve as chairman.
(2)The commissioner of multimodal commerce in the Dept. of Transportation and
Development, who will serve as vice chairman.
(3)The secretary of the Dept. of Economic Development or his designee.
(4)One member of the House of Representatives appointed by the speaker of the House
of representatives.
(5)One member of the Senate appointed by the president of the Senate.
(6)Six executive directors of ports or their designee, nominated by the Port Association
of Louisiana, appointed by the governor, and confirmed by the Senate to be
determined as follows:
(a)Two members from inland ports.
(b)Two members from coastal ports.
(c)Two members from deep water ports.
(7)One representative of the La. Roads Commission appointed by the governor.
(8)One representative of the La. Motor Transport Commission appointed by the
governor.
Proposed law provides the classification of ports as inland, coastal and deepwater shall be
in accordance with the Louisiana Legislative Auditor's Informational Report regarding
Louisiana's Public Port System, dated January 31, 2024, and any subsequent updates or as
amended from time to time.
Proposed law requires a majority of the members of the board to constitute a quorum for the
transaction of business and all official action of the board requires the favorable vote of
2/3rds the entire membership of the board.
Proposed law requires the commission to do the following:
(1)Represent the public interest in the administration of proposed law.
(2)Promulgate and amend rules and regulations, in accordance with the Administrative
Procedure Act, necessary for the administration of the functions of commission.
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Prepared by Archana Cadge. (3)Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the commission.
(4)Advise the commissioner on problems concerning the administration of the
commission and the functions and operations of La. ports.
(5)Make reports and recommendations.
(6)Compile and provide all information necessary for confecting an annual budget.
Proposed law authorizes the commission to do the following:
(1)Employ personnel as necessary.
(2)Accept and use, in accordance with the law, gifts, grants, bequests, and endowments
for purposes consistent with the responsibilities and functions of the commission and
take such actions as are necessary to comply with any conditions required for such
acceptance.
(3)Do such other things, consistent with the law, as are necessary to perform properly
the functions vested in it.
Proposed law requires a 2/3rds vote for any decision by the commission.
Proposed law requires the board to develop a strategic plan and investment program for the
economic development of La. Ports. In addition, requires the board to review, revise, and
amend the strategic plan and investment program when necessary, or every two years.
Proposed law requires that the strategic plan and investment program be separate and distinct
from the port priority program with the office of multimodal commerce.
Proposed law requires the board to submit the plan and program, or revisions to the La.
Board of International Commerce for review and advice.
Proposed law specifies that the strategic plan and investment program will only receive an
appropriation upon agreement of the governor and the legislature.
Proposed law requires that after the adoption of a plan or revisions, that the board submit
the plan or revisions to the House and Senate committees on Transportation for review and
comment. Requires the committees, acting individually or jointly, have 60 days to hold a
hearing on the plan or revisions. Additionally, requires the board to consider the committee's
recommendations.
Proposed law requires the plan or program be submitted to the La. Board of International
Commerce for review and advice.
Proposed law requires the strategic plan and investment program to include but not be
limited to the following:
(1)A list of projects and programs intended to enhance trade utilizing La. ports.
(2)A schedule and estimated cost for the implementation of each project or program.
Present law created the Louisiana International Deep Water Gulf Transfer Terminal
Authority, the Port Development Advisory Commission, the office of port development, and
the Southeast Louisiana Port Authority Advisory Commission.
Proposed law repeals present law.
(Adds R.S. 34:5221-5224; repeals R.S. 34:3491- 3506 and 5210- 5215, R.S. 51:2701, and
Sec. 1 and 3(A) of Act No.459 of the 2023 R.S.)
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Prepared by Archana Cadge. Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Clarify that the board is to be composed of one member appointed by the
governor who will serve as chairman, instead of requiring the member be from
the governor's staff.
3. Change the appointing authority for the member from the Louisiana Roads
Association from the general counsel to the governor.
4. Change the appointing authority for the representative from the Louisiana Motor
Transport Association from the executive director to the governor.
5. Repeal provisions that created the Southeast Louisiana Port Authority Advisory
Commission.
6. Repeal provisions to rename and reorganize the Department of Economic
Development to the Department of Commerce.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Makes technical changes.
2. Repeals certain provisions of law relative to ports.
3. Provides for board members.
4. Provides for requirements for certain board members.
5. Provides for port classifications.
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Prepared by Archana Cadge.