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SFLBSB171 2395 2270 SENATE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLbySenator NO.Miller on behalf of the Legislative Bureau to Engrossed Senate Bill No.
171 BYby SENATORSenator PRESSLYPressly ANAMENDMENT ACTNO. ToamendandreenactR.S.38:5.1(A),20(A)and(B),84(A)and(B),2351(A)and(B),2352, 2353(B), 2354(A)(1), (B)(1) and (4), (D)(1), and (E)(1), 2355(A)(1) through (4), (B)(6) and (10), and (C), the introductory paragraph of 2356(A), 2356(A)(2), and (B)(2) and (5), and (C), 2358, 2359(B), (D)(2), and (E)(1)(a), and 2360(C) and to repeal R.S.
38:2353(D),1 relativeOn topage public12, works;between lines 4 and 5 insert "* * *" Page 1 of 1
to provide for realigning of agencies and responsibilities;
to provide for the technical changes relative to the Department of Transportation and Development's members of the authority;
to provide for Coastal Protection and Restoration Authority;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
38:5.1(A), 20(A) and (B), 84(A) and (B), 2351(A) and (B), 2352, 2353(B),2354(A)(1),(B)(1) and (4), (D)(1),and(E)(1),2355(A)(1)through(4),(B)(6)and (10), and (C), the introductory paragraph of 2356(A), 2356(A)(2), and (B)(2) and (5), and (C), 2358, 2359(B), (D)(2), and (E)(1)(a), and 2360(C) are herebyamended and reenacted to read as follows:
§5.1.
Planning assistance to municipal and other planning agencies;
federal grants A.
For the purpose of providing planning assistance to municipal, parish, regionalandotherplanningagenciesofthestate of Louisianain thesolution oftheir planning problems, the Department of Public Works, State of Louisiana, be and Transportation and Development, is authorized to apply for and accept grants of money from the government of the United States or any federal agencies in connection with such assistance and, to this end, the said department may contract with the United States or such federal agencies for the acceptance of such grants including any requirement for matching said grants in whole or in part.
* * * §20.
Red River Compact Commission membership Page 1 of 13 Coding:
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171 ENROLLED A.
Thereshall be two members appointed to representthe state of Louisiana on the Red River Compact Commission as required by Act No.
71 of the 1978 Regular Session of the Legislature.
One member shall be the chief engineer of the office of engineering of the Department of Transportation and Development secretaryoftheDepartmentofTransportationandDevelopment,orhisdesignee andonemembershall beappointedbythegovernor,subjectto Senateconfirmation.
B.
The member of the Red River Compact Commission appointed by the governor to represent the state as provided by Article IX of the Red River Compact contained in Act No.
71 of the 1978 Regular Session of the Legislature shall be entitled to receive a per diem allowance of fiftydollars for each dayof a meeting of the administration or anyof its committees actuallyattended bysuch member, to be paid out of funds available for the purpose by the office of engineering of the Department of Transportation and Development secretary of the Department of Transportation and Development, on his own warrant.
In addition, such the appointed member of the administration shall be entitled to be reimbursed for expenses actually incurred in attending meetings of the administration or its committees,orinthetransactionofanybusinessoftheadministration,tobepaidout offunds availablefor that purpose bythe officeof engineeringof theDepartmentof Transportation and Development.
* * * §84.
Parishes and municipalities authorized to comply with federal flood insurance act A.
In order to secure for the citizens of the state of Louisiana the flood insurance coverage provided for by the National Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., all of the parishes and municipalities of the state mayadopt, in coordination with the chief resilience officer such Department of Transportation andDevelopmentordinances,rules,andregulations, includingzoningandlanduse regulations,asarenecessarytocomplywiththerequirementsofsaidtheActandthe regulations adopted pursuant thereto by the Federal Emergency Management Agency.
For upland noncoastal areas of the state as defined in R.S.
38:2352, said Page 2 of 13 Coding:
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171 ENROLLED ordinances, rules, and regulations shall also comply with any statewide floodplain management standards which may be established by the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority.
B.
The chief resilience officer Department of Transportation and Development shall cooperate with the Federal Insurance Administrator of the Federal Emergency Management Agency in the planning and carrying out of state participation in the National Flood Insurance Program and shall aid, advise, and cooperate with parishes and municipalities endeavoring to qualify for participation in said program.
* * * §2351.
Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority;
purpose and intent A.TheCoordinatedUseofResourcesforRecreation,Economy,Navigation, andTransportationAuthority,referredtointhisChapterasthe"authority",ishereby established as the single coordinating entity responsible for the prioritization, planning, and funding of projects related to flood control, flood risk reduction, navigation, and water resource floodplain and watershed management in all areas of the state not included within the coastal area as defined in R.S.
49:214.2.
B.
The legislature declares that it is the public policy of the state to develop and implement, on a comprehensive and coordinated basis, an integrated plan that shall support and integrate the development and implementation of policies and initiatives for flood protection, infrastructure planning, and economic development in the upland noncoastal area.
Consistent with this goal, it is the policyof this state to achieve a proper balance between development and conservation and encourage the use of state resources in responsible economic development of the area.
The authority shall implement the policy within these areas ensuring the efficient and coordinatedmanagementofwaterresourceswithinitsjurisdiction,addressingissues relatedtowaterquantitywatershedmanagement,floodriskmitigation,floodplain management, navigation, economic development, and recreation.
It shall be the policyofthestatewithintheseareasthatthroughthecomprehensiveandcoordinated Page 3 of 13 Coding:
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171 ENROLLED efforts and acting in accordance with the provisions of this Chapter, the authority shall exercise all powers necessary to plan, develop, and implement projects and programs consistent with the legislative intent expressed in this Chapter.
* * * §2352.
Definitions AsusedinthisChapter,thefollowingtermsshallhavethemeaningsascribed to them:
(1) "Integrated" means the coordinated planning, funding, construction, and operation of flood control, floodplain management, navigation, recreation, water watershedmanagement,andeconomicdevelopmentprojectstoensureefficientuse of resources, minimize conflicts, and promote sustainable development.
(2) "Upland Noncoastal area" means all land in the state of Louisiana that is not included within the coastal area as defined in R.S.
49:214.2.
(3) "Upland Noncoastal parishes" means all parishes of the state, in whole or in part, that are not included within the coastal area as defined in R.S.
49:214.2.
These areas are primarily affected by riverine flooding, watershed management, inland navigation, and flood control infrastructure rather than coastal erosion or sea level rise.
§2353.
Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board * * * B.(1) The Coordinated Use of Resources for Recreation, Economy, Navigation,andTransportationAuthorityBoardshallconsistofnomorethansixteen members, selected by the governor, representing the following:
(a) The Red River Waterway District, nominated by the commission.
(b)Theofficeofmultimodalcommerce.Thecommissionershallserveuntil, or without, express gubernatorial designation of an alternative.
(c) Statewide flood protection.
The chief resiliency officer shall serve until, or without, express gubernatorial designation of an alternative.
(d)LouisianaEconomicDevelopment.Thesecretaryofthedepartmentshall Page 4 of 13 Coding:
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171 ENROLLED serve until, or without, express gubernatorial designation of an alternative.
(e)The North Louisiana EconomicPartnership.
The executive director shall serve until, or without, express gubernatorial designation of an alternative.
(f) The Department of Culture, Recreation and Tourism.
The lieutenant governor shall serve until, or without, express gubernatorial designation of an alternative.
(g) Ports, located within the upland parishes, whole or in part.
(h) A levee board located within the upland parishes, whole or in part.
(i) Duly elected members of the executive branch of local government located within the upland parishes, whole or in part.
(j) The Department of Agriculture and Forestry.
The commissioner shall serve until, or without, express gubernatorial designation of an alternative.
(k) Industry operating and located within the upland parishes, whole or in part.
The executive directors of the Red River Valley Association and Ouachita River Valley Association, shall serve until, or without, express gubernatorial designation of an alternative.
(l) The Tensas Basin Levee District, nominated by the Tensas Basin Levee District.
(2) The board shall not consist of more than two port directors and no more than two levee boards.
B.(1) The Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board also known as "C.U.R.R.E.N.T." shall consist of sixteen members as follows:
(a)Thelieutenantgovernor,orhisdesignee,shallserveasrepresentative of the Department of Culture, Recreation and Tourism.
(b)ThecommissioneroftheDepartmentofAgricultureandForestry,or his designee.
(c)Amemberappointedbythegovernorwhoshallserveaschairmanof the board.
(d) The executive director of the Coastal Protection and Restoration Page 5 of 13 Coding:
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171 ENROLLED AuthorityBoard pursuant toR.S.
49:214.5.1,orthegubernatorialdesigneefor this appointee shall be a nonvoting member.
(e)Thecommissioneroftheofficeofmultimodalcommerce,Department of Transportation and Development.
(f) Statewide flood protection chief resiliency officer.
(g) A duly elected member of the executive branch of local government located within the noncoastal parishes, whole or in part.
(h) Two members from levee districts located within the noncoastal parishes, whole or in part.
(i) A member nominated from Tensas Basin Levee District.
(j) A member of the Red River Waterway District, nominated by the commission.
(k) The executive director of the Red River Valley Association.
(l) The executive director of Ouachita River Valley Association.
(m)TheexecutivedirectoroftheNorthLouisianaEconomicPartnership.
(n) Two members from ports located within the noncoastal parishes, whole or in part.
(2)Themembersappointed pursuanttoParagraph(1)(c)through(n)of thisSubsectionshallbeappointed bythegovernorandserveasmembersofthe board unless express gubernatorial designation of an alternative and shall be subject to Senate confirmation.
(3) The board shall consist of no more than two representatives from ports and no more than three representatives from levee districts.
* * * §2354.
Master and annual plans;
development;
priorities A.(1) The board shall, in accordance with the procedures set forth in this Section, develop a master plan and an annual plan for protecting, conserving, enhancing, and developing the area outside the coastal zone area through the construction and management of integrated projects and programs, including privately funded projects or plans, and addressing those activities that significantly Page 6 of 13 Coding:
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SB NO.
171 ENROLLED affect such projects, all consistent with the legislative intent as expressed in this Chapter, and which plan shall be subject to the approval of the legislature as provided in Subsections B and E of this Section.
In addition, the board, in accordance with the procedures set forth in this Section including legislative approval, shall review, revise, and amend the master plan when necessary or, at a minimum, every six years.
* * * B.
The board shall develop the master and annual plans in accordance with the following procedure:
(1) The board shall conduct not less than three public hearings in separate locations in the upland noncoastal parishes for the purpose of receiving comments andrecommendationsfromthepublicandelectedofficials.Allpublichearingsmust be held at least sixty days prior to the submission of the plans to the legislature.
* * * (4) At least seven days prior to each hearing the board shall publish a notice ofthehearingintheofficialjournalofeachparishwithintheareaofthehearing.The notice of a hearingshall have been published in the official journal of eachparish in the upland noncoastal area prior to the final scheduled public hearing.
The board may provide for additional public hearings when necessary upon at least three days notice published in the official journal of the parishes in the area of the hearing and written notice to the parish governing authorities.
* * * D.(1) Where feasible, the master plan shall include scientific data and other reasons, including but not limited to the social, geographic, economic, engineering, and biological considerations as to why each project or program was selected for inclusion.
Specifically, an explanation shall be included as to how each project or program advances the plan objectives with respect to the protection, conservation, enhancement, and development of the upland noncoastal area.
* * * E.(1) After adoption by the board, the master plan shall be submitted to the Page 7 of 13 Coding:
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171 ENROLLED HouseCommitteeonNaturalResourcesandEnvironmentandtheSenateCommittee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works for approval.
In addition, the annual plan shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works on or before the fifteenth dayof the regular legislative session of each year.
The committees shall take action on the annual plan on or before June first of each calendar year.
* * * §2355.Functionsandresponsibilities;CoordinatedUseofResourcesforRecreation, Economy, Navigation, and Transportation Authority Board A.
The board shall:
(1) Represent the state's position on policy relative to the protection, conservation, enhancement, and management of the upland noncoastal area of the state through oversight of integrated projects and programs and by addressing activities which could significantly affect integrated projects and programs, all consistent with the legislative intent as expressed in this Title.
(2) Develop, coordinate, make reports on, and provide oversight for a comprehensive upland noncoastal area master plan and annual plans, working in conjunction with state agencies, political subdivisions, including flood protection authorities, levee districts, and federal agencies.
The master plan shall include a comprehensive strategy addressing the protection, conservation, enhancement, and management of the upland area through the construction and management of integrated projects and programs, all consistent with the legislative intent as expressed in this Chapter.
The annual plan shall be developed as the annual implementation of the comprehensive master plan and shall be submitted to the legislature for approval as set forth in R.S.
38:2354.
The annual plan shall include a description and status of all projects and programs pertaining to the authority's Page 8 of 13 Coding:
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171 ENROLLED mission,includingprivatelyfundedprojectsorplans,andaddressingthoseactivities which significantly affect projects set forth in the plan, all consistent with the legislative intent as expressed in this Title.
(3) Submit to the House Committee on Natural Resourcesand Environment and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation,HighwaysandPublicWorkstheintegratedplansdevelopedpursuant to R.S.
38:2354.
Upon approval of the plans bythe legislative committees and prior to implementation of the plans, in whole or in part, the plans shall be approved by the legislature as provided in R.S.
38:2354(E).
(4)DevelopproceduresinaccordancewiththeAdministrativeProcedureAct and take actions against any entity, including political subdivisions, to enforce compliance with the comprehensive master upland noncoastal area plan.
Such procedures and actions may include but are not limited to determinations of noncompliance;
appeal from such determinations;
the taking of administrative action,includingthewithholdingoffunds;andcivil action,includingtheseekingof injunctive relief, or anyother remedynecessaryto ensure compliance with the plan.
* * * B.
The board may:
* * * (6) Approve all requests for programs andprojectsin the upland noncoastal area, insofar as such requests are for funds to be appropriated from the funds available to the authority.
* * * (10) Enter into any agreement with a parish governing authority located whollyor partiallywithin the coastal areabut which is not part of a levee district for theconstruction,operation,maintenance,repair,rehabilitation,orreplacementofany upland noncoastal protection, conservation and restoration, hurricane protection, infrastructure,stormdamagereduction,integratedcoastalprotection,orfloodcontrol project.
The board shall have the power to provide in the agreement for the use and Page 9 of 13 Coding:
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171 ENROLLED exercise by the parish governing authority of all powers of levee districts or levee and drainage districts.
C.
Approval bythe board shall be required for anyrequest bya state agency or department for any funds to finance research, programs, mitigation, or projects involving integrated protection, including hurricane protection or the conservation and restoration, of upland noncoastal areas.
However, this Subsection shall not affect self-generated or dedicated funds.
* * * §2356.
Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority A.TheCoordinatedUseofResourcesforRecreation,Economy,Navigation, and Transportation Authority is hereby created within the office of public works Department of Transportation and Development.
The authority shall:
* * * (2)ServeastheimplementationarmoftheStatewideFloodControlProgram in R.S.
38:90.1 et seq., and for other functions of the department outside of the coastal area.
The authorityshall be Be directed bythe policyset bythe Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board.
* * * B.
* * * * * * (2) The governor may appoint an executive director of the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority.
In the event an executive director is not appointed, the director of public works secretary of the Department of Transportation and Development, or his designee, may serve as the executive director of the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority.
* * * (5)Theexecutivedirector,orin his discretionasubordinateorsubordinates, Page 10 of 13 Coding:
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171 ENROLLED shall administer the programs, projects, and activities approved for funding by the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board relating to and affecting an integrated upland noncoastal system, including conservation, restoration, creation, and enhancement of upland noncoastal areas, storm damage reduction, flood control, infrastructure, economicdevelopment,andnavigationinLouisiana'suplandsareanoncoastalareas asprovidedbylawandasprovidedin themasterandannualplans,andotherspecial programs as may be directed by the board.
* * * C.
Nothing in this Chapter shall be construed to diminish or impair the constitutional, statutory, or contractual authority of any levee district, drainage district, navigation district, or port commission operating within the upland noncoastal area.
The authority shall coordinate with such entities to the greatest extent practicable.
* * * §2358.
Interaction with Coastal Protection and Restoration Authority The Coastal Protection and Restoration Authority and the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority shall jointly develop integrated flood protection strategies.
The Coastal Protection and Restoration Authority shall remain responsible for its functions and responsibilities as defined in R.S.
49:214.5.1 et seq.
The Coordinated Use of ResourcesforRecreation,Economy,Navigation,andTransportationAuthorityshall oversee riverine flood management, inland navigation, and water resource flood control infrastructurewithin the upland noncoastal areaasdefinedin R.S.
38:2352 and as consistent with this Chapter.
§2359.Functionsandresponsibilities;CoordinatedUseofResourcesforRecreation, Economy, Navigation, and Transportation Authority * * * B.
The authority shall implement projects in the upland noncoastal area as approved by the board and consistent with the legislative intent of this Chapter.
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171 ENROLLED However, no project shall be undertaken except those included in an annual plan finally approved by the legislature in accordance with the provisions of R.S.
38:2354, regardless of the source of funds fortheproject,exceptin casesofprojects undertaken and financed out of the emergency fund, established in the annual plan.
AnemergencyforwhichsuchfundshallbeusedshallbedefinedbytheCoordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board and all funds shall be spent only in accord with procedures established by the authority board for such fund.
All projects undertaken pursuant to the provisions of this Chapter shall be either funded through the Statewide Flood Program, the state general fund, or other sources of funding available to the authority, including but not limited to direct federal aid, grants, gifts, and other donations received by the state for the purposes of this Chapter.
* * * D.
The authority may:
* * * (2) Acquire by purchase, donation, or otherwise any land rights needed for integrated upland noncoastal area projects and other property required for the operation of the projects that are to be owned and operated bythe office or political subdivision of the state;
provided, that any property acquired for any project may reservethemineralstothelandowners,whetherprivateorpublic,inaccordancewith the provisions of R.S.
31:149.
* * * E.(1) The board or the authority shall be authorized to solely utilize the science and technology capacity of Louisiana universities, the water institute, and other institutes within the state to enhance programs, projects, and activities for the following purposes:
(a) To identifyanyuncertainty related to the physical, chemical, geological, biological, or cultural baseline conditions in the upland noncoastal area.
* * * §2360.
Infrastructure priority program;
applications;
evaluations Page 12 of 13 Coding:
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171 ENROLLED * * * C.
The applications submitted by agencies shall be evaluated by the board which shall hold no less than three public hearings in separate locations within the upland noncoastal area for the purpose of receivingpublic testimonyand comment from requesting authorities and citizens regarding the proposed infrastructure projects.Such hearings maybeheldat thesametime andlocationas hearings setfor public comment on the annual plan.
The authority shall prioritize and rank such applications.
The authority shall provide its application evaluations to the board.
* * * Section 2.
R.S.
38:2353(D) is hereby repealed.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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