§ 38:330.2 — Board of commissioners; powers and duties

Louisiana § 38:330.2

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§330.2. Board of commissioners; powers and duties
A.(1) A flood protection authority shall be governed by a board of commissioners.
(a) The board of commissioners of the Southeast Louisiana Flood Protection
Authority-East shall be the successor to the boards of commissioners of the East Jefferson
Levee District, Lake Borgne Basin Levee District, and Orleans Levee District. The board
shall also be the governing authority of the Tangipahoa Levee District.
(b) The board of commissioners of the Southeast Louisiana Flood Protection
Authority-West Bank shall be the successor to the board of commissioners of the West
Jefferson Levee District.
(2)(a) Each board may, in addition to any other powers and duties provided by law
for the boards of commissioners of levee districts, establish on its own behalf or for the areas
or the levee districts under its authority adequate drainage, flood control, and water resources
development, including but not limited to the planning, maintenance, operation, and
construction of reservoirs, diversion canals, gravity and pump drainage systems, erosion
control measures, marsh management, coastal restoration, and other flood control works as
such activities, facilities, and improvements relate to tidewater flooding, hurricane
protection, and saltwater intrusion. Neither the authority nor any levee district within the
territorial jurisdiction of the authority shall own, operate, or control any facility or
improvement not directly related to such purposes, except as provided in R.S. 38:330.12.
(b) Nothing in this Paragraph shall transfer authority to operate flood control pump
operations from any public entity authorized by law to conduct such activities.
(c) After January 1, 2018, the authority or any levee district within the territorial
jurisdiction of the authority may divest itself of any drainage or pumping responsibilities that
would otherwise fall to the responsibility of a parish governing authority.
B. Each board may enter into contracts and agreements of any nature on behalf of
the authority or on behalf of any levee districts within the territorial jurisdiction of the
authority for the purposes of this Chapter with any person or persons, corporation,
association, or other entity, including public corporations, port authorities, the state and
agencies thereof, levee districts, parishes, other political subdivisions, the United States
government and agencies thereof, or any combination thereof, or with instrumentalities of
any kind to carry out the purposes of and the powers granted in this Chapter.
C. Each board may enter into contracts or other agreements on behalf of the authority
or on behalf of any levee districts within the territorial jurisdiction of the authority with any
person or entity concerning the providing of lands, servitudes, rights-of-way, and relocations,
and may engage the levee districts under its authority jointly with any person or entity in the
exercise of any power to include the construction, operation, and maintenance of any
facilities and improvements for the purpose of the projects under this Chapter.
D. Each board on behalf of the authority or on behalf of any levee district within the
territorial jurisdiction of the authority may construct and maintain drainage works of all types
as such works 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.
E. Each board may buy and sell property of the authority or of any levee district
within its territorial jurisdiction, make and execute all contracts on behalf of the authority or
on behalf of any such levee district, and perform any and all things necessary to carry out the
objects of this Chapter, subject to the limitations and duties provided in this Section.
F. Subject to any local ordinance for the construction, erection, and maintenance of
back and side levees to protect any area or portion of a levee district within the territorial
jurisdiction of the authority from tidal overflow, a board shall work in conjunction with the
appropriate parish governing authority to manage the construction and maintenance of the
levees, pursuant to R.S. 38:143.
G. Each board shall adopt bylaws for the management and regulation of its affairs,
for the governance of the board and its officers and employees, and for the operation and
governance of the flood protection authority in accordance with the Administrative
Procedure Act and subject to legislative rule oversight by the Senate and House committees
on transportation, highways, and public works. It shall devise and adopt rules and
regulations for the carrying into effect and perfecting of a comprehensive levee system,
having for its object the protection of the entire territory of the authority from overflow.
Such bylaws may include the establishment of any standing committees of the board as may
be necessary to carry out the functions of the board.
H. The authority and each levee district within the territorial jurisdiction of the
authority shall comply with all applicable federal and state law and regulations, particularly
regarding federal rehabilitation assistance for flood control works damaged by flood or
coastal storm.
I.(1) For each levee district within the territorial jurisdiction of the authority, care and
inspection of levees shall devolve on commissioners and assisted by such inspectors and
watchmen as may be appointed pursuant to regulations, which the board is hereby authorized
to adopt. Each commissioner and any inspector or watchman who may be appointed shall
attend once during his term of office an educational training program conducted by the
Department of Transportation and Development.
(2) Each commissioner and appointed inspector or watchman, upon presenting
appropriate credentials, may enter any private premises within the territorial jurisdiction of
the authority to care for and inspect levees. If the owner of the premises or his agent refuses
to admit the commissioner, inspector, or watchman, the authority may obtain from any state
court of competent jurisdiction and venue an appropriate order to submit the premises to
entry for such purpose.

Legislative History

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2007, No. 475, §1, eff. July 12, 2007; Acts 2014, No. 303, §1, eff. May 28, 2014; Acts 2016, No. 572, §1, eff. July 1, 2016.