Louisiana Revised Statutes 49:214.6.1 – Coastal Protection and Restoration Authority
Terms Used In Louisiana Revised Statutes 49:214.6.1
- Annual plan: means the state integrated coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan, as determined by the board. See Louisiana Revised Statutes 49:214.2
- Board: means the Coastal Protection and Restoration Authority Board. See Louisiana Revised Statutes 49:214.2
- Contract: A legal written agreement that becomes binding when signed.
- Ex officio: Literally, by virtue of one's office.
- Executive assistant: means the special assistant to the governor for coordination of coastal activities as delineated in La. See Louisiana Revised Statutes 49:214.2
- Executive director: means the person appointed to serve as the head of the Coastal Protection and Restoration Authority. See 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
- Infrastructure: means facilities or systems in the coastal area that are negatively impacted by coastal land loss or rising seas, and that serve a critical public purpose and are consistent with the priorities stated in the master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006. 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Project: means a physical structure or structures designed and constructed according to the annual plan. See Louisiana Revised Statutes 49:214.2
- 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. The Coastal Protection and Restoration Authority is created and shall be a body corporate with the power to sue and be sued. The domicile of the authority shall be in Baton Rouge. The authority shall:
(1) Have all of the rights, powers, and immunities incident to corporations. It may acquire, own, administer, alienate, and otherwise dispose of all kinds of property, movable and immovable, corporeal and incorporeal; contract; adopt, alter, or destroy an official seal; sue and be sued, implead, and be impleaded. Except as otherwise expressly provided by this Chapter, the authority may perform every act necessary, convenient, or incidental to the exercise of its power and authority, the discharge of its duties, or the performance of its functions.
(2) Be the implementation and enforcement arm of the Coastal Protection and Restoration Authority Board. The authority shall be directed by the policy set by the Coastal Protection and Restoration Authority Board as enumerated in La. Rev. Stat. 49:214.1.
(3) Through its offices and officers, be responsible for the implementation and enforcement of the master plan and annual plan. The authority shall implement the integration of hurricane protection, storm damage reduction, flood control, infrastructure, and coastal protection and restoration efforts in accordance with the master plan and annual plans.
(4) Not be subject to the provisions of La. Rev. Stat. 44:5(A) in regard to any activities or records of or pertaining to the authority.
B. Executive director and deputy director of the Coastal Protection and Restoration Authority.
(1) There shall be an executive director of the Coastal Protection and Restoration Authority. He shall report to the Coastal Protection and Restoration Authority Board for all matters within the jurisdiction and purview of the board, and shall work in conjunction with the executive assistant.
(2) The executive director shall be appointed by the governor and shall serve at the pleasure of the governor.
(3) The executive director, or his designee shall have authority, subject to the budgetary constraints of the funding provided in La. Rev. Stat. 49:214.5.4, and in accordance with applicable rules and regulations of the civil service commission to employ, appoint, transfer, assign, terminate, and promote such personnel as is necessary for the efficient administration of the Coastal Protection and Restoration Authority.
(4) The executive director, or his designee, shall approve all plans, specifications, and estimates for the construction of all projects for which the authority is responsible. He also shall have such other duties as may be assigned to him by the Coastal Protection and Restoration Authority Board, by the provisions of this Chapter, or by the laws of this state. He shall report the proceedings of his office annually to the Coastal Protection and Restoration Authority Board and at such other times as the board may designate, and he shall make any additional reports as are required by the board.
(5) The executive director, or in his discretion a subordinate or subordinates, shall administer the programs, projects, and activities approved for funding by the Coastal Protection and Restoration Authority Board relating to and affecting integrated coastal protection, including conservation, restoration, creation, and enhancement of coastal wetlands, hurricane protection and flood control in Louisiana as provided by law and as provided in the master and annual plans, and other special programs as may be directed by the board, except those relative to coastal zone management as provided in La. Rev. Stat. 49:214.21, et seq.
(6) The executive director shall report annually to the legislature as to the progress of the projects and programs enumerated in the master plan or annual plans or any component thereof. For each project or program, estimated construction and maintenance costs, progress reports, and estimated completion timetables shall be provided.
(7) The executive director is granted full power and authority to delegate, assign, or appoint in his discretion any subordinate to perform any function or duties required by law to be performed by the authority, except as specifically provided in this Title. This grant of power and authority shall be liberally construed to effectuate the purposes of this Chapter.
(8) The executive director shall provide the necessary reports, staff, assistance, and support to the Coastal Protection and Restoration Authority Board in order to assist in the development of the master plan and annual plan.
(9) The executive director may appoint ex officio notaries in accordance with the provisions of La. Rev. Stat. 35:411.
(10) There shall be a deputy executive director of the Coastal Protection and Restoration Authority. He shall perform all duties defined in this Section in the absence of the executive director or through authority delegated to him by the executive director or in conjunction with the duties of the executive director.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.