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News from the Docks NNEEWWSS FFRROOMM TTHHEE DDOOCCKKSS Louisiana Ports Deliver ASSOCIATION OF LOUISIANA July 2005 Volume 6, No. 7 AAPA Note: The 2005 SEAPORTS 'Who's Message from the PAL Office Who of the Americas Port Industry' list is now online at http://www.aapadirectory.com. In July at the PAL office has gotten off to a busy addition, you may access the newly released start. We are involved with developing an 2005-2006 AAPA SEAPORTS OF THE itinerary to take the Joint Legislative Committee AMERICAS Directory by going to this site: on Transportation, Highways and Public Works www.seaportsoftheamericas.com! on a tour of north Louisiana ports. You will recall that we did a similar tour of south Louisiana Positives: Access this link to see a Louisiana ports last March. Now, they have list of Louisiana Positives: requested a tour of the rest of the state. Plans http://access.louisiana.gov/louisiana1st/web/com are still tentative but at this point we are mon/positivelist.jsp - 29 planning to begin our trip in Vidalia, wander toward the northeast corner of the state and then Legislative Update turn back west toward Shreveport-Bossier. From there we will head south, pass through Natchitoches and Alexandria and then return to The 2005 Legislative Session ended shortly Vidalia. All of this will take place over a three- before 6 pm on June 23rd, as scheduled. day period in September. We are pleased to Historically, PAL has concentrated on have members of the legislature express an supporting increased funding for the Port interest in our operations and we are delighted to Construction and Development Priority Program have an opportunity to show them what we do. (PCDPP) and monitoring legislation, which would be harmful to ports. This session was As I am sure you have discovered, all of the very similar. The Ports Association supported photographs from the PAL conference are now the appropriations for the PCDPP in the Capital posted on our website. We have gotten Outlay Bill, House Bill 2. This appropriation is wonderful comments about how much fun they contained in the DOTD budget, in the amount are to review. So, enjoy! of $20 million. This is $4.5 million less than provided in FY 00/01 and FY 01/02. In two You will recognize John Massey of BYL meetings during the session with Secretary International in the following photo. John attended Johnny Bradberry, an effort was made to our conference and won an LSU birdhouse as a door convince him of the need for a larger prize. He has told us “It may be the "highest" LSU appropriation to at least begin the process of birdhouse in the country as I have it at my Colorado providing increased funding for port place, 8800 ft. above sea level.” infrastructure. It was pointed out that DOTD conducted an extensive study to develop a transportation plan, which included participation by PAL representatives. The La. Transportation Plan published in 2003 called for port infrastructure funding of $37 million by 2007. Secretary Bradberry acknowledged the need for additional port infrastructure funding but indicated that additional funding from the 3055 East Lakeshore Drive •Baton Rouge, LA 70808 •(225) 334-9040 •fax (225)334-9044 Transportation Trust Fund would not be The Taskforce will be composed of multiple possible, while at the same time committing to Senators and Representatives who come from do his best to find additional funds in future districts with ports and other maritime years. organizations. Membership on the Taskforce will also include the President and Executive Prior to the session, Sen. Walter Boasso made a Director of PAL. The creation of this group will presentation to PAL relative to proposed provide an opportunity to find additional sources legislation to create a LA. Waterways of funding and ways to facilitate the future Infrastructure Bank, to assist in the funding for development of port infrastructure. the construction of port infrastructure. This new program would be a complement to the Port During Governor Kathleen Blanco's address to Priority and Construction Program. Sen. Boasso the PAL Conference, she emphasized the introduced SB 311, which the PAL Board of importance of ports to the economy of the state Directors voted to support with some suggested and she has appointed members to the Maritime modifications. These included: 1) limiting Advisory Council who will begin organizing in participation in the program to state ports; and 2) the near future. Her address was followed by establishment of a board selected by the Secretary of Economic Development Mike governor. Both suggestions were amended into Olivier's comments relative to his concept of the the bill. importance of ports to the state's economy and the development of a long range plan for The original bill called for appropriations from supporting the funding and operations of the Transportation Trust Fund, the general fund, individual Louisiana ports to serve the maritime and slot machine revenue. PAL testified in industry. The Legislative Maritime Taskforce favor of finding more funding for port and the Maritime Advisory Council working infrastructure and supported the bill. During the separately but cooperatively will certainly have legislative process, the funding was removed to look at developing a consistent and reliable from the bill, because the proposed fund sources source of funding to serve the needs of ports and infringed on other agencies’ budgets. Many of the maritime industry. PAL will have the the members of the Legislature on the obligation, both as an organization and as committees hearing the bill supported the individual ports, to be active in both concept of providing port infrastructure organizations. funding through a combination of loans and possibly grants. Many of them offered to work Two of the bills which PAL monitored, SB 291 in future years to find funding. and HB 286, did not survive the legislative process. Sen. Jay Dardenne offered SB 291 The bill, if signed into law will offer PAL the relative to economic development districts. The opportunity to become involved in the bill, originally conceived by Sen. John Hainkel organization of the Infrastructure Bank, and supported by many economic development including the appointment of the board and the organizations, failed on an effort to reconsider implementation of rules. This would be in the vote shortly before adjournment sine die. anticipation of working with Sen. Boasso and Sen. Dardenne and the supporters of the bill other legislators to find funds to operate the were cooperative in accepting amendments bank. suggested by PAL and the Port of Lake Charles to prevent the infringement of economic The efforts of Sen. Boasso and PAL to secure development districts on port functions and increased funding for port infrastructure raised authority. the level of awareness in the Legislature about the need for additional port infrastructure HB 286 by Rep. Gary Beard would have altered funding. In an effort to address that issue, Sen. the highway construction program and was Edward Murray and Sen. Walter Boasso opposed by DOTD. It failed to get out of House introduced Senate Resolution 158 to establish a Committee on Highways, Transportation and maritime taskforce to study and identify Public Works. Rep. Beard was also cooperative concepts which may facilitate the growth and in listening to the concerns of Ports development of maritime commerce. That taskforce is to report to the Senate Committee on During the early part of the session, Transportation no later than January 1, 2006. representatives of the Division of Administration and State Land Office brought to PAL’s organized to show appreciation for the numerous attention issues relative to the effects of maritime industries operating within the port’s Attorney General Opinion No. 04-0278. This fifty-four (54) mile district on the Lower opinion questioned the right of ports to utilize or Mississippi River. allow others to utilize navigable waterways and state water bottoms without securing a lease from the State Land Office. After further discussion, it was agreed by all parties that attorneys representing several PAL members would prepare a memo relative to the issue and would request that the Attorney General’s Office reconsider the opinion. This has resulted in the submission of a memo prepared by Michael Dees, General Counsel of the Port of Lake Charles, J. Michael Orlish, Special Counsel of the Port of New Orleans, Charles J. Tutt, General Counsel of the Port of Shreveport- Bossier, and T. Barry Wilkinson, General More than 80 maritime-related companies were Counsel of the Port of Greater Baton Rouge. The represented at the event that featured boiled memo strongly supports the position that the Louisiana crawfish. Officials attending the enabling legislation of the La. Constitution and event included Port of South Louisiana Revised Statutes has granted ports the right to Commission President P. Joey Murray, III, Vice- utilize the navigable waterways and state owned President Jay Roberts, Secretary Lawrence water bottoms without the requirement of a Jackson, and Treasurer Bill Hubbard. lease. The Attorney General's Office has not yet responded to the memo. The port’s tri-parish district was represented by St. Charles Parish President Albert Laque, St. John Parish President Nickie Monica, and St. DOTD News James Parish President Dale Hymel, Jr. Be advised that the offices of Ed Preau Jr., Asst. Associated Terminals was represented by Secretary, Public Works & Intermodal President David Fennelly and members of his Transportation and Amber Thomas have been staff. The company recently entered into an moved back to the DOTD "Airport" Building. exclusive agreement with the port to provide all stevedoring operations at Globalplex. The following is the new contact information: Port of South Louisiana Executive Director Joel Physical address: 8900 Jimmy Wedell Road, T.
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