§214.5.2. Functions and responsibilities; Coastal Protection and Restoration Authority Board
A. The board shall:
(1) Represent the state's position in policy relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal protection projects and programs and by addressing activities which require a coastal use permit which could significantly affect integrated coastal protection projects and programs, all consistent with the legislative intent as expressed in R.S. 49:214.1.
(2) Develop, coordinate, make reports on, and provide oversight for a comprehensive coastal protection 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 restoration of the coastal area through the construction and management of integrated coastal protection projects and programs, all consistent with the legislative intent as expressed in R.S. 49:214.1. 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. 49:214.5.3. The annual plan shall include a description and status of all projects and programs pertaining to integrated coastal protection, including privately funded wetland enhancement projects or plans, and addressing those activities requiring a coastal use permit which significantly affect projects set forth in the plan, all consistent with the legislative intent as expressed in R.S. 49:214.1.
(3) Submit 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 the integrated coastal protection plans developed pursuant to R.S. 49:214.5.3. Upon approval of the plans by the 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. 49:214.5.3(E).
(4) Have the discretion to approve all requests for integrated coastal protection programs and projects in the coastal area, insofar as such requests are for funds to be appropriated from the Coastal Protection and Restoration Trust Fund.
(5) Be authorized to delegate any of its powers, duties, and functions to the chairman of the board, to the executive director of the Coastal Protection and Restoration Authority, or to state agencies, political subdivisions, including flood protection authorities, or levee districts.
(6) Develop procedures in accordance with the Administrative Procedure Act and take actions against any entity, including political subdivisions, to enforce compliance with the comprehensive master coastal protection plan. Such procedures and actions may include but are not limited to determinations of noncompliance; appeal from such determinations; the taking of administrative action, including the withholding of funds; and civil action, including the seeking of injunctive relief, or any other remedy necessary to ensure compliance with the plan.
(7) Have the power and authority to enter into any contract with the federal government or any federal agency or any political subdivision of the state or private individual for the study, planning, engineering, design, construction, operation, maintenance, repair, rehabilitation, or replacement of any integrated coastal protection project and to this end, may contract for the acceptance of any grant of money upon the terms and conditions, including any requirement of matching the grants in whole or part, which may be necessary.
(8) Have the power and authority to maximize the use of non-federal funds and in-kind donations to provide for the costs associated with non-federal cost-share requirements associated with integrated coastal protection projects.
(9) Develop guidelines for cost-sharing agreements with public and private entities participating in approved integrated coastal protection projects.
(10) Be the responsible party for the Westbank Hurricane Protection projects in accordance with R.S. 38:100 et seq., and the Lower Atchafalaya River Interim Flood Protection projects in accordance with R.S. 38:106 et seq.
(11) Have the power to enter into any agreement with a parish governing authority located wholly or partially within the coastal area but which is not part of a levee district for the construction, operation, maintenance, repair, rehabilitation, or replacement of any coastal protection, conservation and restoration, hurricane protection, infrastructure, storm damage reduction, integrated coastal protection, or flood control project. The board shall have the power to provide in the agreement for the use and exercise by the parish governing authority of any and all powers of levee districts or levee and drainage districts.
B. The board may:
(1) Accept and use, in accordance with law, gifts, grants, bequests, endowments, or funds from any public or private source for purposes consistent with responsibilities and functions of the board and take such actions as are necessary to comply with any conditions required for such acceptance.
(2) Utilize the services of other executive departments of state government upon mutually agreeable terms and conditions.
(3) Take such other actions not inconsistent with law as are necessary to perform properly the functions of the board.
(4) Adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subpart.
(5) Delegate signing authority for contracts to the chairman of the board, the executive director of the Coastal Protection and Restoration Authority, or an authorized designee of either. Such designation by the chairman or the executive director shall be by authentic act.
C. Approval by the board shall be required for any request by a state agency or department for any funds to finance research, programs, mitigation, or projects involving integrated coastal protection, including hurricane protection or the conservation and restoration of coastal wetlands resources; however, this Subsection shall not affect self-generated or dedicated funds.
D. No state agency or entity shall enter into a contract with the United States Army Corps of Engineers which would require the state to assume liability for or provide the cost of operations and maintenance for a hurricane protection project unless the contract provides for independent third-party review and evaluation in accordance with the best available science and technical capabilities to confirm the project's anticipated level of protection against hurricane flooding prior to the state or political subdivision assuming liability and operations and maintenance obligations. The independent third-party reviewer and evaluator provided for in the contract shall be approved by both the United States Army Corps of Engineers and the nonfederal sponsor. However, the provisions of this Subsection shall not apply to contracts for routine maintenance or other minor construction or repairs, or in cases where there is imminent threat to life or property, or when the chairman of the Coastal Protection and Restoration Authority Board, with the approval of the board, determines that an emergency exists whereby compliance with the provisions of this Subsection would create an unreasonable hardship.
E. Notwithstanding any other provision of law to the contrary, the Department of Wildlife and Fisheries may enter into a cooperative endeavor agreement with the authority, board, or a levee district to allow the use of the department's personnel, equipment or lands owned or leased by the state to satisfy wetland mitigation requirements imposed upon the authority or levee district by federal, state, or local law.
F. Upon the approval by the board, and notwithstanding any law to the contrary, the authority, the state, or any political subdivision thereof, may use its own employees or equipment for satisfying any mitigation requirements resulting from or related to an integrated coastal protection project.
Acts 2009, No. 320, §1; Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 734, §6; Acts 2012, No. 604, §3, eff. June 7, 2012.