NOTE: Subsection E of this Section provides that this Section shall be applicable, operable, and effective for the period January 1, 2011, through January 1, 2012. See Acts 2010, No. 662.

§1236.29. Excavating equipment pilot program; parishes

            A. In parishes having populations in excess of forty-eight thousand five hundred persons but not more than fifty-two thousand persons, based on the latest federal decennial census, a pilot program may be established in accordance with the provisions of this Section, that provides for the creation of a cooperative endeavor between a parish governing authority and its residents in an effort to improve drainage infrastructure in the parish.

            B. A pilot program, authorized by the provision of this Section, shall be limited to the following criteria:

            (1) A project involving the reclamation, maintenance and improvement of parish drainage systems crossing or located on property located in the parish.

            (2) The parish authority may rent and shall insure the excavation equipment.

            (3) The operator shall demonstrate his proficiency at the operation of the excavation equipment to the satisfaction of the parish governing authority and shall provide a hold harmless agreement to protect and indemnify the parish from any liability arising from the use or any other factor attributable to the operator's use of the equipment.

            (4) The parish governing authority and the operator shall develop and agree to any logistical requirement and operational timelines and any other item deemed necessary by the parish governing authority before the execution of the cooperative endeavor and operation of the excavation equipment is permitted.

            C. For the purposes of this Section, an operator of excavation equipment, as provided for in Paragraph (B)(3) of this Section, shall not be considered a "public servant" pursuant to the provisions of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.

            D. For the purposes of this Section, "excavation equipment" means any of a number of power-driven machines used to dig, move and transport earth, gravel, or similar substances.

            E. The provisions of this Section shall be applicable, operable, and effective for the period January 1, 2011, through January 1, 2012.

            Acts 2010, No. 662, §1.