§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 th
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§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 Conservation
and Energy, 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 Conservation and Energy, 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
Conservation and Energy 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.