ENTERGY PENALTY SETTLEMENT FUND

New Orleans City Code ch. 70, art. III, div. 43

in effect

New Orleans City Code § 70-415.283 Fund created.

Sec. 70-415.283. - Fund created. Based on an independent investigation, it was determined that Entergy New Orleans utilized paid actors during public meetings relative to Docket No. UD-16-02; accordingly, Entergy was ordered by the New Orleans City Council to pay a $5,000,000.00 penalty to the City of New Orleans for this egregious conduct. Therefore, a special fund is hereby designated and created—titled "the City of New Orleans' Entergy Penalty Settlement Fund" (hereinafter "fund")—into which the $5,000,000.00 penalty paid by Entergy shall be deposited, the receipt and expenditure of which shall be authorized by ordinance of the council as required by the City's Home Rule Charter (Charter). (M.C.S., Ord. No. 28032, § 1, 3-14-19)

New Orleans City Code § 70-415.284 Appropriations and purpose.

Sec. 70-415.284. - Appropriations and purpose. Expenditures from the fund shall be utilized only for the public benefit as determined by the council, as provided in this division. (M.C.S., Ord. No. 28032, § 1, 3-14-19)

New Orleans City Code § 70-415.285 Restrictions on fund and expenditures.

Sec. 70-415.285. - Restrictions on fund and expenditures. (a) The penalty settlement funds, once deposited, shall only be allocated or expended in strict compliance with subsequent council approval as provided herein. (b) As provided in section 6-201(2)(c) of the Charter, this ordinance constitutes the establishment of an operating fund for the purpose of receiving Entergy's penalty settlement. The penalty settlement shall remain in the fund until released directly by the council, or until transferred through appropriation by council ordinance. a. The council is authorized to detail the exact, specific and limited use of said funds, along with a spending plan delineating all acceptable and appropriate categories of expenditure. b. If allocations are intended to be transferred into another department or agency of the City of New Orleans, such transfer shall occur by an expenditure ordinance, and may be accompanied by a cooperative endeavor agreement (CEA) with the administration to ensure the council spending priorities are ensured. (c) If the council determines that the greatest public benefit is by undertaking improvements to infrastructure owned, operated, or administered by another political subdivision of the state, a cooperative endeavor agreement (CEA) shall additionally be required. (d) Any CEA required pursuant to this section shall be published once in the official journal and submitted to the council for approval, but not modification, via ordinance, as provided in the Charter. The agreement shall detail a spending plan delineating all acceptable and appropriate categories of expenditure. (M.C.S., Ord. No. 28032, § 1, 3-14-19)

New Orleans City Code § 70-415.286 Administration of fund.

Sec. 70-415.286. - Administration of fund. The council fiscal office shall monitor all payment requests to ensure compliance with council's approved uses of said funds and/or spending plan. Release of funds shall only occur when compliance is met as determined, in writing, by the council fiscal office, which may be further detailed in any subsequent CEA. The fund shall be administered by the director of the department of finance, as required by section 6-201 of the Charter, and shall be kept in an interest bearing account with interest accruing to the benefit of and to become part of the fund. (M.C.S., Ord. No. 28032, § 1, 3-14-19)

New Orleans City Code § 70-415.287 Required reports and program implementation.

Sec. 70-415.287. - Required reports and program implementation. (a) The director of the department of finance shall keep detailed accurate records in the administration of the fund and shall make reports to the chief administrative officer and the city council, giving a complete accounting of the revenues and expenditures of the fund quarterly to the council committees on budget and utilities, respectively, as well as annually as part of the annual city audit. (b) Recipients of said funds shall also provide complete accounting of expenditures, as well as project implementation reports associated therewith, quarterly to the council committees on budget and utilities. (M.C.S., Ord. No. 28032, § 1, 3-14-19)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH70FI_ARTIIIFU_DIV43ENPESEFUFetched: 10/28/2026