Louisiana Revised Statutes 49:214.4.1 – Governor’s Advisory Commission on Coastal Protection, Restoration and Conservation
Terms Used In Louisiana Revised Statutes 49:214.4.1
- Coastal area: means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge and the area comprising the Louisiana Coastal Ecosystem as defined in Section 7001 of P. See Louisiana Revised Statutes 49:214.2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Executive assistant: means the special assistant to the governor for coordination of coastal activities as delineated in Louisiana Revised Statutes 49:214.2
- Hurricane protection: means systems to provide protection against tidal and storm surges. See Louisiana Revised Statutes 49:214.2
- Integrated coastal protection: means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration, and shall include but not be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; flood control; water resources development; erosion control measures; marsh management; diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, enhancement, and restoration; barrier island and shoreline stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial use projects. See Louisiana Revised Statutes 49:214.2
- Program: means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective. See Louisiana Revised Statutes 49:214.2
- Venue: The geographical location in which a case is tried.
- Wetlands: means an open water area or an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, but specifically excluding fastlands and lands more than five feet above mean sea level which occur within the designated coastal area of the state. See Louisiana Revised Statutes 49:214.2
A. Statement of purpose
(1) Louisiana and its citizens have suffered catastrophic losses and human, economic, and social harm. For the benefit and protection of the state as a whole, its citizens, and its localities, hurricane protection is vital to survival. Hurricane protection and coastal restoration efforts must be integrated to achieve a long-term solution of integrated coastal protection. The state must act to develop, implement, and enforce a comprehensive integrated coastal protection plan. The state must act to ensure that the plan integrates hurricane protection, storm damage reduction, flood control, and coastal restoration efforts in order to achieve long-term and comprehensive integrated coastal protection.
(2) An important aspect of the need for integrated coastal protection is that Louisiana is annually losing between twenty-five and thirty-five square miles of coastal area to the Gulf of Mexico. In 2005, and again in 2008, the coastal area suffered a devastating loss of hundreds of square miles resulting from Hurricanes Katrina, Rita, Gustav, and Ike. The loss of the state’s coastal lands threatens natural, cultural, and economic resources which are of vital importance to our state and nation. The numerous benefits provided by our coastal area include the presence of an abundance of habitat for waterfowl, fur-bearing species, and fisheries that support recreational and commercial interests. In addition, our coastal area acts as the first line of defense for coastal communities, including New Orleans, in the face of hurricanes and tropical storm surges. They also provide protection for the pipelines through which much of our nation’s energy supply flows. And, our coastal area is home to unique and diverse cultures that have called the wetlands home for many generations.
(3) The state of Louisiana recognizes the need to develop, implement, and enforce a comprehensive integrated coastal protection plan. As a component of the plan, the state of Louisiana recognizes the necessity of establishing a sustainable integrated coastal ecosystem. The task of developing a comprehensive integrated coastal protection plan and restoring and developing a sustainable coastline will require implementation of an holistic, comprehensive engineering plan which encompasses the entirety of southern Louisiana. It will require the cooperation and participation of numerous state, federal, and local agencies. In addition, the task of plan development and restoring and conserving this ecosystem will require the participation and support of the numerous and diverse interests that live, work, and recreate in those wetlands and others who depend upon our coast’s continued health and existence. In order to provide a venue for input from the broad range of persons and groups who must participate in and assist the efforts to protect, preserve, restore, and enhance the coast of Louisiana, it is hereby declared to be in the public interest that the Governor’s Advisory Commission on Coastal Protection, Restoration and Conservation be created in the office of the governor.
B. Membership
(1) The Governor’s Advisory Commission on Coastal Protection, Restoration and Conservation is hereby created and shall be composed as follows:
(a) Two members to be appointed by the governor from the academic community.
(b) Two members to be appointed by the governor from the business and industrial community.
(c) Two members to be appointed by the governor from the nonprofit corporation community.
(d) Two members to be appointed by the governor from the conservation community.
(e) Two members to be appointed by the governor from the agricultural community.
(f) Two members to be appointed by the governor from governing bodies of political subdivisions of the state.
(g) Two members to be appointed by the governor from the energy production and distribution sector.
(h) Two members to be appointed by the governor to represent the fishing community, one of whom shall be from the commercial fishing industry and one of whom shall be from the recreational fishing community.
(i) One member to be appointed by the governor from the oyster industry.
(j) Two members to be appointed by the governor to represent coastal landowners.
(k) Two members to be appointed by the governor to represent ports and related industries.
(l) Six members to be appointed at large by the governor.
(m) The president of the Senate or his designee.
(n) The speaker of the House of Representatives or his designee.
(o) The chairman of the House Committee on Natural Resources and Environment or his designee.
(p) The chairman of the Senate Committee on Natural Resources or his designee.
(q) Two members appointed by the Association of Levee Boards of Louisiana from the members of levee boards having districts located in whole or in part within the Louisiana coastal area. The members so appointed shall serve terms concurrent with that of the governor.
(r) One member appointed by the governor representing the maritime industry.
(s) The chairman of the House Committee on Transportation, Highways and Public Works or his designee.
(t) The chairman of the Senate Committee on Transportation, Highways and Public Works or his designee.
(2) In addition, the governor or the commission may request employees of federal agencies involved with coastal restoration activities to participate as nonvoting members of the commission.
C. Terms of appointment
(1) Each appointment shall be for a term of four years except as provided in Paragraph (2) of this Subsection.
(2) The initial term for each appointee shall be as follows:
(a) For the two appointments provided for in Subparagraph (B)(1)(a) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(b) For the two appointments provided for in Subparagraph (B)(1)(b) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(c) For the two appointments provided for in Subparagraph (B)(1)(c) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(d) For the two appointments provided for in Subparagraph (B)(1)(d) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(e) For the two appointments provided for in Subparagraph (B)(1)(e) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(f) For the two appointments provided for in Subparagraph (B)(1)(f) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(g) For the two appointments provided for in Subparagraph (B)(1)(g) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(h) For the two appointments provided for in Subparagraph (B)(1)(h) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(i) The appointment provided for in Subparagraph (B)(1)(i) of this Section shall be appointed for an initial term of four years.
(j) For the two appointments provided for in Subparagraph (B)(1)(j) of this Section, one shall be appointed for an initial term of five years, and one shall be appointed for an initial term of three years.
(k) For the two appointments provided for in Subparagraph (B)(1)(k) of this Section, one shall be appointed for an initial term of six years, and one shall be appointed for an initial term of four years.
(l) For the six appointments provided for in Subparagraph (B)(1)(l) of this Section, two shall be appointed for an initial term of six years, two shall be appointed for an initial term of three years, and the remaining two shall be appointed for an initial term of one year.
D. The governor shall appoint a chairman and a vice chairman.
E. The commission shall have the following powers, duties, and functions:
(1) To advise the governor and the executive assistant for integrated coastal activities relative to the overall status and direction of the state’s coastal protection program.
(2) To provide a forum for coordinating integrated coastal protection activities and the exchange of information on the status of various state, federal, and local programs affecting integrated coastal protection.
(3) To foster cooperation on integrated coastal protection issues among federal, state, and local governmental agencies, conservation organizations, and the private sector.
(4) To develop advice with respect to the identification and resolution of conflicts among agencies and stakeholders related to integrated coastal protection efforts and to assist in the identification of any other activity which might conflict with the integrated coastal protection efforts.
(5) To review programs, conditions, trends, and scientific and engineering findings which affect integrated coastal protection in order to make recommendations for improvements to the state’s integrated coastal protection efforts.
(6) To assist in the identification of potential sources of funding for integrated coastal protection programs and to develop advice with respect to developing recommendations for expenditures which are in the best interest of the state.
(7) To report by March first each year to the governor and the legislature relative to the progress, challenges, and recommendations concerning policy and possible legislation for the integrated coastal protection program.
F. The executive assistant shall provide staff services for the commission.
G. The commission shall meet as necessary at the call of the chairman. Members shall not receive a per diem for attendance at meetings but may be reimbursed for travel expenses and meals at the rate paid by the state for state employees.
H. The commission may appoint subcommittees to study and analyze issues affecting integrated coastal protection. The subcommittees may be composed of commission members and may include other members who are not appointed members of the commission. Any member of a subcommittee who is not a member of the commission shall be appointed to the subcommittee by the commission in an open meeting, and they may be reimbursed for travel expenses and meals, at the rate paid by the state for state employees, but only if and to the extent approved by the commission.
Acts 2009, No. 523, §3, eff. July 10, 2009.