[StBernard] Governor Blanco, Senator Boasso detail single board levee legislation

[Westley Annis]

Governor Blanco, Senator Boasso detail single board levee legislation 

BATON ROUGE-Calling for unified flood protection, Governor Kathleen
Babineaux Blanco and Senator Walter J. Boasso today released a detailed
legislative plan to create a single levee authority that would have
jurisdiction and oversight over current levee boards in the Greater New
Orleans area and southeast Louisiana.

"Our citizens are looking for the confidence that comes from a strong and
safe levee system. I stand with them. Senator Boasso and I have joined
together to put forth a strong piece of legislation that will give our
citizens that type of confidence," said Governor Blanco. "In moving this
piece of legislation, I am closely following federal legislation which
appropriated $12 million on the condition that the state reorganized its
Greater New Orleans and southeast Louisiana levee boards into a single levee
board. That much is clear. Senator Boasso and Secretary Scott Angelle have
done a tremendous amount of work on this issue and their leadership is key
in moving this legislation forward." 

"For over two months, we have worked tirelessly with Governor Blanco, her
representatives and other interested bi-partisan groups to draft a
meaningful, workable plan to reorganize the levee boards in southeast
Louisiana to ensure proper flood protection across parish lines," said
Senator Boasso. "I have stayed true to my commitment to protect the property
and lives of citizens in southeast Louisiana so that they will feel it is
safe to return and rebuild."

(more) 


Levee Board Reorganization in Southeast Louisiana

SUMMARY

Creates and provides for Southeast Louisiana Flood Protection Authority.

Retains territorial limits of East Jefferson Levee District, Lake Borgne
Levee District, Orleans Levee District, and the West Jefferson Levee
District.

Replaces current boards of these districts with flood protection authority
board.

Establishes four new levee districts governed by flood protection authority:

Livingston Levee District

St. Tammany Levee District 

Tangipahoa Levee District

West Lake Pontchartrain Levee District consisting of all land in parishes of
St. Charles and St. John the Baptist east of the Mississippi River.

Authority will act as local sponsor for the construction, operation, and
maintenance of all hurricane, storm damage reduction, and flood control
projects in greater New Orleans and southeast Louisiana area.

Jurisdiction: Authority, through its board, will exercise all power over and
have management, oversight, and control of the following:

Levee districts: East Jefferson Levee District, Lake Borgne Basin Levee
District, Livingston Levee District, Orleans Levee District, St. Tammany
Levee District, Tangipahoa Levee District, West Jefferson Levee District,
and West Lake Pontchartrain Levee District.

Regions: Mississippi River East Region (all land within the territorial
jurisdiction of the authority east of the river), and Mississippi River West
Region (all land within the territorial jurisdiction of the authority west
of the river).

Board of Commissioners: 

11 members, with at least 1 member from each parish within the authority and
no more than 2 residents of any such parish. 

Subject to Senate confirmation. 


Appointed by governor from nominations submitted by a nominating committee
as follows:

5 members to be an engineer or a professional in a related field such as
geotechnical, hydrological, or environmental science.

3 members to be a professional in another discipline not listed above with
at least 10 years of experience in that discipline.

3 at-large members.

Composition of Nominating Committee

Members consist of one representative from each of the following:

National Academy of Engineering

National Society of Black Engineers

American Institute of Hydrology

Louisiana Association of Floodplain Managers 

UNO - College of Engineering

Tulane - School of Science and Engineering

LSU - Louisiana Geological Survey

Public Affairs Research Council

Council for a Better Louisiana

Terms of board members: 

Initial appointments draws lots: 2 serve 1 year, 3 serve 2 years, 3 serve 3
years, and 3 serve 4 years to July 1st of next term. 

Thereafter, all serve staggered 4-year term. 

No member can serve more than 2 consecutive 4-year terms.

Domicile 
Determined by board.

Maintain branch offices within territorial jurisdiction of authority.

Ethics 
No board member or any immediate family of member may own or have any
interest or part in any business or entity conducting business of any kind
with authority or any region or levee district within its jurisdiction.

No former board member may qualify as a candidate for any elected office
within 12 months of end of his term on board.




No elected official or former elected official may serve as a member of
board within 12 months of end of his term.

No public employee or former public employee may serve as a board member
within 12 months of end of his employment other than as a member of board.

No person will be eligible for selection who has been registered as a
lobbyist before legislature within 2 years of date of appointment, and if
any member serving thereafter registers as a lobbyist, then he must
immediately resign his board position.

No board commissioner, officer, or employee can participate or engage in an
effort to support or oppose election of a candidate for political office or
to support a particular party or issue in an election; be a member of any
national, state, or local committee of any political party or faction; make
or solicit contributions for any political party, faction, candidate, or
issue; or take active part in management of affairs of a political party,
faction, candidate, or any political campaign, except to exercise his right
as a citizen to express his opinion privately and to cast his vote as he
desires.

No board member can serve at same time on any other board or commission,
membership of which is appointed in whole or in part by an elected official
or by a public body.

No person can be eligible for selection who is a party to any contract with
authority or any region or levee district within authority.

Compensation 
Board members can receive a per diem for attendance of meetings and a
mileage allowance for going to and from meetings or authorized travel.

Public entities authorized by law to operate flood control pump operations
will retain such authority.

The board may:

Contract on its own behalf and on behalf of the regions and levee districts
within its jurisdiction. 

Require its regions and levee districts to construct and maintain drainage
works of all types as they relate to tidewater flooding, hurricane
protection, and saltwater intrusion, either in cooperation with one or more
parishes, municipalities, drainage districts, or other special districts
within its territorial jurisdiction, or upon its own undertaking.




Buy and sell property of authority or region or levee district within
authority.

Adopt bylaws for the management and regulation of its affairs, for
governance of board and its officers and employees, and for operation and
governance of regions and districts according to the Administrative
Procedure Act and subject to oversight by Senate and House committees on
transportation, highways, and public works. 

Authority and each region and levee district within authority must comply
with all applicable federal law and regulations, particularly regarding
federal rehabilitation assistance for flood control works damaged by flood
or coastal storm.

For each levee district within authority, care and inspection of levees is a
responsibility of commissioners assisted by inspectors and watchmen.

Must attend an educational training program conducted by DOTD. 

With appropriate credentials, may enter any private premises within the
jurisdiction to carry out duties.

Legal proceedings/obligations/revenue of former boards
Any legal proceeding to which East Jefferson Levee District, Lake Borgne
Basin Levee District, Orleans Levee District, or West Jefferson Levee
District is a party and which is filed, initiated, or pending before any
court on 9/1/06, and all documents involved, will retain effectiveness and
be continued in name of the district.

Neither the authority nor any region or district with the territorial
jurisdiction of the authority will have any liability for actions or claims
other than the region or district against which the actions or claims arise.

No taxes levied by, or other revenue of, a region or levee district within
authority will pay for liability of another region or levee district or for
any liability of authority when acting on behalf of another region or levee
district.

Obligations and unfinished business of East Jefferson Levee District, Lake
Borgne Basin Levee District, Orleans Levee District, and West Jefferson
Levee District will be managed on behalf of districts by authority.

Outstanding indebtedness of East Jefferson Levee District, Lake Borgne Basin
Levee District, Orleans Levee District, and West Jefferson Levee District
will remain with district and will not be a liability of authority.




Proceeds of all taxes collected on property taxed by levee districts in
parishes Jefferson, Orleans, and St. Bernard and any other revenue from
operations of such districts will be administered by the authority. However,
taxes and other revenues of each district can only be used and expended for
district and must be deposited into a separate account established in name
of each district. Prohibits commingling of such funds.

Books, records, documents, funds, movable property, lands or immovable
property owned by East Jefferson Levee District, Lake Borgne Basin Levee
District, Orleans Levee District, and West Jefferson Levee District are
retained as property of respective levee district in which such property is
situated, but will be managed by authority, except for non-flood protection
related property.

Employees 
Employees of a former levee board may, insofar as practicable, continue as
an employee of their respective district at the pleasure of the authority;
however, no employees will be classified under civil service.

Executive director. Board may employ an executive director and fix his
qualifications, duties, and salary. Executive director must have at least a
bachelor's degree in the area of business, engineering, geology, hydrology,
natural sciences, environmental sciences, renewable resources, or any
similar academic field and have a minimum of 10 years executive experience.
Also within 90 days of his appointment, executive director must become and
remain a resident within authority.

Counsel 
Attorney general is counsel for the authority.

Police officers 
Authority may employ levee district police officers, who are required to be
commissioned as a peace officer by the Department of Public Safety and
Corrections. Such officers will have regional authority. 

Funding
For purpose of constructing and maintaining levees, levee drainage, flood
protection, and hurricane flood protection, board may levy annually a tax up
to the maximum millage authorized by the constitution, in the Livingston
Levee District, St. Tammany Levee District, Tangipahoa Levee District, and
the West Lake Pontchartrain Levee District, on the dollar of the assessed
valuation of all taxable property situated within alluvial portions of
district subject to overflow. Proceeds from taxes levied and collected, and
other revenue collected by either district, are only to be used within
district in which tax is levied or revenue collected.

The board for the authority, or any region or any levee district within
authority, may levy or increase a tax. However, proposal must be submitted
to electors of authority, region, or district within which levy or increase
will apply, and will take effect only if approved by a majority vote.
Proceeds from such taxes will only be used as provided in proposition and
only within authority, region, or district in which tax is levied.

Management of non-flood protection functions and activities 
Transfers management and control of current non-flood protection activities
of levee districts within authority to state, through division of
administration.

The expense of operating any facility or improvement which produces revenue
for the district will be collected by the division and after deducting an
amount for the expense of managing and controlling such facility or
improvement, remaining revenues will be disbursed to authority to credit of
levee district in which facility or improvement is located.

Bill is dependent upon adoption of a constitutional amendment.

Provisions relating to qualifications, restrictions, nomination, and
appointment of board of authority will become operative on the effective
date of the constitutional amendment.

Remainder of bill will become effective 9/1/06.


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The Louisiana Disaster Recovery Foundation
Louisiana's Fund for Louisiana's People
www.louisianahelp.org