2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.2. Functions and responsibilities; coastal activities

RS 49:214.6.2 - Functions and responsibilities; coastal activities
A. The authority shall administer the programs of the Coastal Protection and Restoration Authority Board. The executive director may use his contracting authority, or the contracting authority of any state department or agency, to implement the provisions of this Chapter. His contracting authority shall include construction management at risk, operation and maintenance, design-build, design-build-operate and maintain, design-build-finance-operate and maintain, outcome-based performance contracts, or any combination of design, construction, finance, and services for operation and maintenance of an integrated coastal protection project, where appropriate. The Coastal Protection and Restoration Authority shall promulgate, through the Administrative Procedure Act, rules, regulations, or guidelines for the implementation of the contracting authority granted by the provisions of this Section. The Coastal Protection and Restoration Authority shall have the authority to execute and implement contracts entered into by the board.
B. The authority shall implement projects relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal projects and programs consistent with the legislative intent as expressed in R.S. 49:214.1. However, no integrated coastal protection construction project shall be undertaken except those included in an annual plan finally approved by the legislature in accordance with the provisions of R.S. 49:214.5.3, regardless of the source of funds for the project, except in cases of projects undertaken and financed out of the emergency fund, established in the annual plan. An emergency for which such fund shall be used shall be defined by the Coastal Protection and Restoration 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 Coastal Protection and Restoration Fund or other sources of funding, including but not limited to direct federal aid, grants, gifts, and other donations received by the state for the purposes of this Chapter.
C. The authority shall:
(1) Receive all monies appropriated from the Coastal Protection and Restoration Fund to the Coastal Protection and Restoration Authority for implementation of all programs and projects contained in an annual plan developed by the Coastal Protection and Restoration Authority Board and approved by the legislature, except that the Department of Energy and Natural Resources, office of coastal management, shall receive any funds allocated in the annual plan for the coastal zone management program.
(2) Have oversight over the administration of all matters related to the study, planning, engineering, design, construction, extension, improvement, repair, and regulation of integrated coastal protection.
(3) Take such other actions not inconsistent with law as are necessary to perform the functions of the authority.
(4) Repealed by Acts 2016, No. 430, §9.
D. The authority may:
(1) Negotiate and execute contracts, upon such terms as the authority may agree, for legal, financial, consulting, or other professional services or personal services necessary to the conduct of the authority. In addition, the authority may enter into contracts for engineering and construction services or agreements with the federal government, local governing authorities, political subdivisions, or with other public or private entities for the administration, implementation, or enforcement of integrated coastal protection projects, programs, or activities as directed by the Coastal Protection and Restoration Authority Board.
(2) Acquire by purchase, donation, or otherwise any land rights needed for integrated coastal protection projects and other property required for the operation of the projects that are to be owned and operated by the office or political subdivision of the state; provided, that any property acquired for any project may reserve the minerals to the landowners, whether private or public, in accordance with the provisions of R.S. 31:149.
(3) Develop procedures to evaluate new and improved integrated coastal protection technologies.
(4) Perform pre-construction and post-construction monitoring of projects that will be implemented or have been implemented by the office.
(5) Coordinate integrated coastal protection efforts with local governments, political subdivisions, interest groups, and the public.
(6) Develop, implement, operate, maintain, and monitor integrated coastal protection plans and projects.
(7) Take any other action necessary to administer any plans, projects, policies, or programs consistent with the master plan or any annual plan, including but not limited to issuing bonds or incurring other debt obligations, provided that such bonds or other debt obligations shall be subject to the approval of and sold by the State Bond Commission in accordance with the provisions of R.S. 39:1403.
(8) Utilize the services of the Department of Energy and Natural Resources, office of management and finance, for accounting and budgetary control, procurement and contractual management, data processing, management and program analysis, and personnel management and grants management, provided that the secretary of the Department of Energy and Natural Resources shall exercise no authority over the provision of these services.
E.(1) The board or the authority shall be authorized to solely utilize the science and technology capacity of Louisiana universities and the water institute to enhance integrated coastal protection programs, projects, and activities for the following purposes:
(a) To identify any uncertainty related to the physical, chemical, geological, biological, or cultural baseline conditions in the coastal area.
(b) To improve the knowledge of the physical, chemical, geological, biological, or cultural baseline conditions in the coastal area.
(c) To identify and develop technologies, models, methods, and demonstrations to carry out the purposes of this Subsection.
(2) In carrying out the provisions of this Subsection, the Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority may enter into contracts and cooperative agreements with Louisiana universities or with the water institute as authorized in this Subsection to enhance integrated coastal protection programs, projects, and activities.
(3) For the purposes of this Subsection, the water institute shall mean The Water Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25, 2011, or its successors.
F. Any rule, regulation, or guideline developed pursuant to this Subpart shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 197, §1; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2016, No. 430, §§8, 9; Acts 2017, No. 356, §1, eff. June 22, 2017; Acts 2018, No. 448, §1; Acts 2020, No. 89, §2; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.