Louisiana 2024 2024 Regular Session

Louisiana House Bill HB971 Comm Sub / Analysis

                    SSHB971 4468 5115
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 971	2024 Regular Session	Wright
PORTS/HARBORS/TERMINALS:  Creates the Louisiana Ports and Waterways Investment
Commission
Synopsis of Senate Amendments
1.Makes technical changes.
2.Clarifies that the board is to be composed of the commissioner of multimodal
commerce in the Department of Transportation and Development who will
serve as the vice-chairman.
3.Clarifies that six members are to be appointed by the governor from a list of
names of nominated individuals submitted by the Port Association of Louisiana.
4.Requires members appointed by the governor pursuant to proposed law be the
executive director of their specific port or his designee, subject to Senate
confirmation.
5.Specifies that the classification of ports and inland, coastal, and deepwater must
be in accordance with the Louisiana's Auditor's Informational Report regarding
Louisiana's Public Port System, dated January 31, 2024, and any subsequent
updates or as amended.
6.Removes a provision that would have repealed Act No. 61 and Act. No. 459 of
the Regular Session of the Legislature.
7.Repeals provisions of law relative to the La. International Deep Water Gulf
Transfer Port Authority Advisory Commission, and the office of port
development.
Digest of Bill as Finally Passed by Senate
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.
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(5)One member of the Senate appointed by the president of the Senate.
(6)Six members, each of whom must be the executive director of their port or their
designee, nominated by the Port Association of La., 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 must be
in accordance with the La. Legislative Auditor's Informational Report regarding Louisiana's
Public Port System, dated Jan. 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 necessary for the administration of the
functions of the commission.
(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
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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 Southeast Louisiana Port Authority Advisory Commission, and the office of
port development within the Dept. of Economic Development.
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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