RS 34:3102

707 words·~3 min read·/la/title-34/34-330

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RS 34:3102

§3102. Definitions

For the purposes of this Chapter, unless the context clearly otherwise requires, the following definitions shall apply and shall be equally applicable to both the singular and plural forms of any of the defined terms:

(1)"Authority development program" means a full and complete plan for the development, construction, and operation of offshore terminal facilities, including but not limited to research and experimentation; promotion; financing; all phases of technical development and refinement; construction; operation and maintenance, including renovation, retirement, and reconstruction; regulation of any aspect of such a plan; and any other action the authority deems necessary to the fulfillment of such a plan.

(2)Repealed by Acts 2011, No. 207, §10(C).

(3)"Coastal waters of Louisiana" means those waters extending three nautical miles from the coastline, or beyond to the extent of the jurisdiction of the state of Louisiana.

(4)"Deepwater port" means one or more offshore facilities for the movement of cargo between vessels and coastal facilities, including but not limited to offshore platforms; buoys; pipelines (submarine and onshore); and all directly related storage facilities and all facilities functionally related and subordinate to such facilities, both onshore and offshore.

(5)"Environmental protection plan" means a written document, prepared in conformity with this Chapter, which shall be a regulation of the offshore terminal authority which establishes procedures necessary for the protection of the environment which are to be followed throughout all phases of the authority development program and which shall be applicable to all offshore terminal facilities within the jurisdiction of the authority.

(6)"Licensee" means any person licensed by the authority to construct and operate a deepwater port or offshore terminal facility off of the shores of Louisiana.

(7)"Offshore terminal facilities" means a structure, a series of structures, or facility of any type emplaced within the coastal waters of Louisiana or seaward thereof and designed to accommodate the cargoes or passengers of deep draft vessels whose draft is greater than the depths of typical inland harbors and waterways, commonly used by ocean going traffic during the first half of the twentieth century, including all pipelines, structures, and facilities directly related thereto and necessary or useful to the operation thereof, whether landward, onshore, or seaward of the main structure or facility itself, including any facility which is part of a deepwater port, as defined herein.

(8)"Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, other than the authority.

(9)"Project costs" means all costs necessary for the planning, development, acquisition, construction, extension, or improvement of a revenue bond project, including site acquisition and preparation and installation of utilities, architectural, engineering, supervising, accounting inspection, legal and financing fees and costs, preparation of feasibility studies and reports, interest on revenue bonds and notes during construction and for a reasonable period thereafter, establishment of reserves to secure the bonds and notes, and all other expenditures incidental and necessary or convenient therefor.

(10)"Public funds" means any funds obtained from legislative appropriation or any form of state or local taxation.

(11)"Revenue bonds" means any bonds or notes issued pursuant to Section 3112.1 of this Chapter.

(12)"Revenues" include rates, fees, rentals, sales payments, charges, grants, proceeds, and receipts from loan and financing agreements and other receipts and income derived by or for the account of the authority from or in connection with any revenue bond project or arising from such project.

(13)"Revenue bond project" or "revenue bond projects" means any one or more of the facilities authorized to be financed by the issuance of revenue bonds pursuant to the provisions of Section 3112.1 of this Chapter.

(14)"Three deepwater ports" mean the board of commissioners of the Port of New Orleans, the Greater Baton Rouge Port Commission, and the Lake Charles Harbor and Terminal District.

(15)Repealed by Acts 2011, No. 207, §10(C).

Nothing contained herein shall be construed to affect Louisiana's claim to its tidelands or the location of Louisiana's coastline as interpreted by the state of Louisiana.

Added by Acts 1972, No. 444, §1. Amended by Acts 1974, No. 358, §3; Acts 1977, 1st Ex.Sess., No. 11, §1, eff. Aug. 17, 1977; Acts 1983, No. 218, §1; Acts 2011, No. 207, §10(C).