2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:3327. Powers and duties of the board

RS 38:3327 - Powers and duties of the board
A. In order to accomplish the purposes for which the district is created, the board may purchase, acquire by donation, hold, sell, and convey immovable and movable property and execute contracts as it may deem necessary or convenient to enable it to properly carry out the purposes for which it is created.
B. Notwithstanding any provision of law to the contrary, the board may accept the transfer or donation of funds from the governing authorities of parishes, municipalities, drainage districts, levee districts, and other political subdivisions in the district.
C. Notwithstanding any provision of law to the contrary, the board may contract with the federal government, the state, or any other public or private entity to receive and expend funds to plan and perform projects for watershed management.
D. The board may levy a district drainage tax on all property within the boundaries of the district subject to taxation for drainage purposes. No property tax shall be levied without a majority vote of the electors in each parish within the territorial jurisdiction of the authority.
E. In addition to the duties defined elsewhere in this Chapter, the board shall have the duty and authority to:
(1) Represent the public interest in supporting drainage, flood reduction, and mitigation in the district.
(2) Advise state and local government agencies on issues concerning drainage and the reduction and mitigation of flood risk in the district.
(3) Conduct public hearings and share public input on the community's priorities relative to drainage, flood risk, and mitigation in the district.
(4) Enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions and with any public or private entity to promote the public purposes of the district.
(5) Construct and maintain drainage works of all types, either in cooperation with public entities within the boundaries of the district or upon its own undertaking. Notwithstanding any other provisions of this Chapter to the contrary, all works undertaken pursuant to the authority granted by this Section shall be performed in accordance with the provisions of R.S. 38:2211 et seq. Construction projects shall require approval of two-thirds of the total voting membership of the board. All other decisions, including technical, planning, and permitting decisions, shall require approval by a simple majority of the total voting membership.
(6) Develop and recommend watershed management practices and regional guidance within the district that address the following:
(a) Planning.
(b) Permitting.
(c) Selection and performance of projects and programs.
(d) Resolution of conflicts among agencies.
(e) Use of best available science.
(f) Outreach to the public and state and federal agencies.
(g) Coordination with state agencies and political subdivisions regarding watershed management.
(h) Identifying, obtaining, and expending funding for planning and projects and entering into agreements with public and private entities.
(i) Entering into agreements with public and private entities to identify, obtain, and expend funds.
(j) Assisting political subdivisions in planning, designing, and constructing projects and identifying and obtaining funding.
(k) Maintaining completed projects and programs.
(l) Defining qualifications for staff and contractors.
F. The board may develop a regional hazard mitigation plan consistent with parish hazard mitigation plans.
G. The board shall consider the benefits of participating in the National Flood Insurance Program Community Rating System (CRS) or any successor or similar program, including how to maximize municipal participation in the CRS. The board shall also consider and prioritize other available policies and programs that can reduce flood risk and reduce flood insurance premiums.
H. The board may develop and implement a plan to manage and maintain any waterways in the district, of state or regional concern, in relation to matters impacting the district, in coordination with other federal, state, and local water management jurisdictions and authorities.
I. The board shall develop a master plan for comprehensive drainage, flood control, and water resource management through the construction and management of projects and programs, including planning, permitting, development, and waterway management. The plan shall consider the Coastal Protection and Restoration Authority and the Atchafalaya Basin Program master plans and provide for public outreach.
J. The board, with the approval of the representative parish governing authorities, shall appoint an administrative body to carry out the purposes of this Chapter.
K. Nothing in this Chapter shall interfere with the statutorily granted authority of any state agency or local government.
Acts 2023, No. 323, §1.