Louisiana 2012 2012 Regular Session

Louisiana House Bill HB530 Introduced / Bill

                    HLS 12RS-305	ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 530
BY REPRESENTATIVE ORTEGO
TRANSPORTATION:  Requires the implementation of a Complete Streets plan
AN ACT1
To amend and reenact R.S. 48:21(B) and 163.1(A)(1)(introductory paragraph) and (2) and2
(D), relative to bicycle facilities; to provide for a certain amount of funds to be used3
on bicycle facilities; to provide for guidelines for when bicycle facilities are to be4
constructed; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 48:21(B) and 163.1(A)(1)(introductory paragraph) and (2) and (D)7
are hereby amended and reenacted to read as follows: 8
§21.  Functions9
*          *          *10
B. The department may shall construct and maintain within the right-of-way11
of any state highway or section thereof bicycle facilities appropriate to the context12
of the roadway in accordance with R.S. 48:163.1. If such facilities are not included13
in new construction projects, the department shall document the reasons for the14
exclusion.15
*          *          *16
§163.1.  Use of highway funds for bicycle facilities17
A.(1) The department annually 	may shall expend a reasonable amount of the18
transportation trust fund for the establishment, construction, and maintenance of19
bicycle facilities. Bicycle facilities may shall be established wherever a highway,20 HLS 12RS-305	ORIGINAL
HB NO. 530
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
road, or street is being constructed, reconstructed, relocated, or as separate projects,1
unless the department determines the following:2
*          *          *3
(2) Bicycle Unless the department makes a determination that the4
establishment of a bicycle facility meets any of the factors in Subparagraphs (1)(a),5
(b), and (c) of this Subsection, bicycle facilities shall not be constructed in6
conjunction with preservation projects if the construction of the facility requires7
right-of-way acquisition, utility relocation, or major construction.  Retrofits,8
including but not limited to narrowing lanes, restriping, and other general9
improvements, shall be considered in conjunction with preservation projects.10
*          *          *11
D. The amount expended by the department as permitted by this Section 	may12
shall be at least one percent of the total funds appropriated to the transportation trust13
fund in any given fiscal year.14
*          *          *15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Ortego	HB No. 530
Abstract:  Requires DOTD to construct bicycle facilities.
Present law provides that DOTD may construct and maintain within the right-of-way of any
state highway or section thereof bicycle facilities appropriate to the context of the roadway.
Proposed law provides that DOTD shall construct and maintain within the right-of-way of
any state highway or section thereof bicycle facilities appropriate to the context of the
roadway.
Present law provides that DOTD annually may expend a reasonable amount of the
transportation trust fund for the establishment, construction, and maintenance of bicycle
facilities. Bicycle facilities may be established wherever a highway, road, or street is being
constructed, reconstructed, relocated, or as separate projects, unless DOTD makes certain
determinations regarding existing prohibitions, needs, and expenses.
Proposed law provides that DOTD annually shall expend a reasonable amount of the
transportation trust fund for the establishment, construction, and maintenance of bicycle
facilities. Bicycle facilities shall be established wherever a highway, road, or street is being HLS 12RS-305	ORIGINAL
HB NO. 530
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
constructed, reconstructed, relocated, or as separate projects, unless DOTD makes certain
determinations regarding needs and expenses.
Present law provides that bicycle facilities shall not be constructed in conjunction with
preservation projects if the construction of the facility requires right-of-way acquisition,
utility relocation, or major construction. 
Proposed law provides that unless DOTD makes certain determinations regarding needs and
expenses, bicycle facilities shall be constructed in conjunction with preservation projects.
(Amends R.S. 48:21(B) and 163.1(A)(1)(intro. para.) and (2) and (D))