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BILL NAME

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PROGRESS

SB 220: Provides for the revision of statutes relating to local agencies.

Highlights

Present law provides for the powers, duties, and responsibilities of mayors.


Proposed law retains present law and makes technical changes.


Present law provides that any municipality, the city of New Orleans excepted, or any parish or any other political subdivision or taxing district authorized to issue bonds under present law, may sell or lease any revenue-producing properties owned by it, including all proper franchises to operate the properties for a term not to exceed 60 years, provided the governing authorities have been first authorized to do so by a vote of a majority of the qualified electors, voting at an election held for that purpose as herein directed. When a city, town, or village owns and operates a water, gas, or other revenue-producing public utility, serving customers outside the territorial limits of the city, town, or village, as is allowed by present law, a negotiated sale of all of the connections and utility installations outside the area of the city, town, or village and within the corporate limits of another city, town, or village may be made to the latter city, town, or village by negotiation and without any election, for such price as may be agreed upon between the parties.


Present law provides that no election shall be required to authorize the sale or lease by any municipality or parish of revenue-producing water properties to any other municipality, parish, or other political subdivision.


Proposed law retains present law and provides an exception for the governing authority of any city, town or village that owns and operates a water utility that receives a grade of "D" or "F" under the Community Drinking Water Infrastructure Sustainability Act of 2021, and the rule issue pursuant to present law, shall not be required to conduct an election to authorize the sale or lease of the utility if the governing authority finds by official action that t he municipality is either financially, managerially or technically unable to restore the utility to a grade of "C" or better.


Present law provides that when a written and signed proposition has been made to the governing authority of any municipality or parish for the purchase, lease or other acquisition of any of the properties owned by it, and franchise for operation of same, and which written proposition shall contain a complete and detailed statement of all terms and provisions of the franchise, the governing authority may submit to the qualified electors, at a special election called for that purpose, the question of whether or not the offer made shall be accepted.


Proposed law retains present law but provides an exception under proposed law (R.S. 33:4341) for the governing authority of any city, town or village that owns and operates a water utility that receives a grade of "D" or "F" under the Community Drinking Water Infrastructure Sustainability Act of 2021 shall not be required to conduct an election to authorize the sale or lease of the utility if the governing authority finds by official action that the municipality is either financially, managerially, or technically unable to restore the utility to a grade of "C" or better.


Proposed law provides that notwithstanding any other provision of law, any municipality or parish within the state of Louisiana shall have the authority to create, organize, and establish districts and commissions within its jurisdictional boundaries through passage of an ordinance. Districts and commissions that already have been established by law prior to the enactment of this statute shall remain in full effect and continue to operate under the terms of each entity's respective enabling statutes or ordinances.


Present law provides that the various levee and drainage districts shall have control over all public drainage channels or outfall canals within the limits of the districts which are selected by the district, and for a space of 100 ft. on both sides of the banks of such channels or outfall canals, and 100 ft. continuing outward from the mouth of such channels or outfall canals.


Proposed law provides that the various levee and drainage districts, and local governing bodies, shall have a legal servitude bywhich control is given to the local governing body or district over all public drainage channels or outfall canals within the limits of their districts which are selected by the district, and for a space of 100 ft. on both sides of the banks of such channels or outfall canals, and 100 ft. continuing outward from the mouth of such channels or outfall canals.


Proposed law provides that property may not be taken or damaged by the districts or local governing for public purposes and with just compensation paid to the owner.


Proposed law provides that the regulation or prohibition of drainage into a public system that is not authorized by a natural servitude or other legal right does not constitute a taking or damaging of property.


Proposed law provides that the local governing authority, body, or district shall be immune from damage to its public works project by excessive, unlawful drainage into its system.


Present law provides that the several parishes ofLouisiana,Orleans Parish excepted, may expropriate land and the improvements thereon, outside of regularly organized and acting levee districts, necessary for the construction of drainage canals or drainage projects with enough of the adjoining property on which to build spoil banks and on which to place the dirt removed from the drainage canals, and any property next to or in the vicinity of the canals or projects necessary for the construction, inspection, repair, and maintenance of the canals or projects.


Present law provides that the parishes may acquire by expropriation, in the same manner now required by existing laws regulating expropriation suits, either a clear title to the land and improvements thereon or any servitude, right, or interest necessary for that purpose. Proposed law provides that local governing bodies, Orleans Parish excepted, shall have the expropriation power contained in present law.


Present law
provides that the several parishes shall thoroughly drain all public roads which are parallel or contiguous to any public levee, shall cut across public roads all ditches and drains necessary to effect the complete and perfect drainage of the roads and levees, and shall connect the drains and ditches with those on private property abutting on the road.


Proposed law retains present law but provides that local governing bodies shall have the responsibility of drainage all public roads which are parallel or contiguous to any public levee, shall cut across public roads all ditches and drains necessary to effect the complete and perfect drainage of the roads and levees, and shall connect the drains and ditches with those on private property abutting on the road.


Present law provides that no person shall dump or discharge or permit to be dumped or discharged into any waters or drains of the state any trees or other objects, substances, or materials which might interfere with the drainage.


Proposed law retains present law but provides that no person shall dump or discharge or permit to be dumped or discharged into any waters or drains of the state any trees or other objects, substances, or materials which might interfere with the drainage.


Proposed law repeals the Union Parish Railroad District.


Effective August 1, 2025.

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