House Concurrent Resolution 171 (2010) Levee District Oversight Planning Study

1. House Concurrent Resolution 171 (2010) Levee District Oversight Planning Study Report to the Senate and House Committees on Transportation, Highways, and Public Works April 6, 2011 Garret Graves Chairman Coastal Protection and Restoration Authority Sherri Lebas SecretaryDepartment of Transportation and Development

2. HCR 171 (2010) • Urges and requests the Department of Transportation and Development (DOTD) to study the impact of expanding the Coastal Protection and Restoration Authority’s (CPRA) territorial jurisdiction to include any levee district that is not in the coastal area. • Requires DOTD to report the results of the study at a public hearing of the Senate and House Committees on Transportation, Highways, and Public Works meeting prior to the convening of the 2011 regular legislative session.

3. HCR 171 (2010) – cont. The resolution provided the following rationale as justification for the study: • The CPRA is charged with oversight of the design, construction, extension, improvement, repair, and regulation of hurricane protection and flood control projects in the coastal area. • The inspection of hurricane protection and flood control levees and structures within the coastal area is also the responsibility of OCPR. • The jurisdiction of the CPRA currently includes only those levee districts within the coastal area of the state.

4. Approach and Methodology • Engaged SSA Consultants and the HNTB Corporation to conduct the study • Interviewed stakeholders across the state, including legislators, levee district board members and personnel, and leadership in state and federal agencies • Held three public hearings: Houma, Monroe, and Natchitoches • Performed legal research to identify statutory roles and responsibilities of DOTD, CPRA, the Office of Coastal Protection and Restoration (OCPR), and levee districts • Conducted desk audits of key units and staff charged with flood protection and levee inspection for the state • Conducted a quantitative evaluation of the current structure and potential alternative scenarios

5. Background: Transition in the Coastal Area • DOTD’s Office of Public Works in existence since 1940 to provide for flood control and water management, including support for levee districts • Recognition of the importance of integrated coastal planning and project implementation following Hurricanes Katrina and Rita • CPRA created in 2005 to develop, implement, and enforce a comprehensive coastal protection and restoration master plan • CPRA Implementation Team established in Act 545 of 2008 to coordinate the relevant missions of DOTD, DNR, and the Governor’s Office of Coastal Activities • The Office of Coastal Protection and Restoration (OCPR) consolidated hurricane flood protection and coastal restoration responsibilities in the coastal area of Louisiana in 2009 • DOTD transferred 43 full-time equivalent personnel and $4 million in the current fiscal year to OCPR for these functions in the coastal area

6. Major Findings • CPRA represents the state’s position in policy implementation for coastal protection and restoration in the coastal area – There is no similar entity over flood protection for north Louisiana. • Water knows no geographic boundaries. There is a real need to coordinate the flood protection system across the state for a statewide approach, but also to relay concerns, challenges, and plans to the federal government.

7. Major Findings (cont.) • The traditional leveraging of DOTD engineering, surveying, and other resources has provided a cost-effective solution for the state and local entities. • To replicate these resources by expanding CPRA’s jurisdiction to north Louisiana would require a significant investment in manpower, equipment, and resources at all levels. • In both the coastal area and in north Louisiana, some levee districts require and receive a significantly higher level of support than others due to more severe or potentially critical needs coupled with a lack of available local revenues. Pursuant to statutory mandates, the state provides this support.

8. Major Findings (cont.) • Levee districts and public officials place a high value on the current structure and processes for day-to-day operational support by the state. • Throughout the interview process, there was little support voiced by key stakeholders to expand the territorial jurisdiction of the CPRA to include levee districts in north Louisiana. • Stakeholders are concerned with such a transition and the ultimate outcome as it relates to service provision. • North Louisiana stakeholders were concerned they would be of lower priority within a CPRA structure created to address coastal issues; they also recognized that levee systems are different in the north (riverine) and the south (hurricane). • South Louisiana stakeholders wish to maintain a coastal focus within the CPRA and were concerned that dollars and resources would be diverted to projects beyond this mission.

9. Recommendations • DOTD should retain public works and water resources responsibilities (dam safety, national flood insurance program, statewide flood control, etc.) including levee district oversight and operational and engineering support for non-coastal levee districts. • OCPR should retain and perform levee district oversight and operational and engineering support for coastal levee districts. • DOTD and OCPR should continue the transition of services and functions from DOTD to OCPR in the coastal area. • The state should establish a policy, governance, and oversight board to oversee non-coastal levee districts (similar to the CPRA in the coastal area).

10. Next Steps • Revisit statutory responsibilities, some of which are over a half a century old. • Organizational structure improvements within DOTD at Headquarters and within the Districts • Establish an Interagency Working Group between OCPR and DOTD to further collaborate, monitor performance, prioritize needs, and solve problems and issues.

11. Questions and Discussion