HLS 12RS-511 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE CONCURRENT RESOLUTI ON NO. 12 BY REPRESENTATIVE JIM MORRIS TRANSPORTATION: Amends administrative rules relative to access connection requirements A CONCURRENT RESOLUTI ON1 To amend the Department of Transportation and Development rules LAC 70:I.1521(B)(5)2 and 1531(B) and to repeal LAC 70:I.1533(E), which provides for access connection3 requirements and access connection design requirements, and to direct the office of4 the state register to print the amendments in the Louisiana Administrative Code.5 WHEREAS, certain access connection requirements of the Department of6 Transportation and Development call for unnecessary traffic impact studies; and7 WHEREAS, the placement of hard-surface driveways on single-family residential8 access connections is an overwhelming burden on these families; and9 WHEREAS, R.S. 49:969 provides that "the legislature, by concurrent resolution,10 may suspend, amend, or repeal any rule or regulation or body of rules or regulations adopted11 by a state department, agency, board, or commission".12 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC13 70:I.1521(B)(5) and 1531(B) are hereby amended to read as follows:14 §1521. Access Connection Requirements15 * * *16 B.17 * * *18 5. Requests for access connections in excess of one access connection or for19 an access connection on a state route where non-state route access exists must be20 HLS 12RS-511 ORIGINAL HCR NO. 12 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. reviewed and approved by the district engineer administrator. Such requests shall be1 accompanied by a traffic impact study. This study shall comply with the guidelines2 and policies set forth by the DOTD for such studies. In order to consider an3 additional access connection or an access connection on a state route where non-state4 route access exists, the study shall show that the lack of the requested access5 connections causes unreasonable negative impacts to the traffic flow in the vicinity6 of the property and shall demonstrate that an additional access connection will7 contribute to the overall improvement of the safety and efficiency of the adjacent8 roadways and of the transportation system. However, the district engineer9 administrator may evaluate a right-in/right-out as a secondary driveway and waive10 the requirement of a traffic impact study.11 * * *12 §1531.Design Requirements13 * * *14 B. All single-family residential and traffic generator access connections shall15 be constructed with permanent hard surface type materials (i.e. asphalt or concrete)16 as shown on the standard plans for access connections. Aggregate access connections17 shall not be permitted within the right-of-way for these types of connections. The18 hard surface type materials shall extend the following distances from the edge of19 pavement: 25 feet from the edge of pavement.20 1. single-family residential access connections: 10 feet from the edge of21 pavement;22 2. traffic generator access connections: 25 feet from the edge of pavement.23 * * *24 BE IT FURTHER RESOLVED that LAC 70:I.1533(E) is hereby repealed in its25 entirety.26 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the27 office of the state register.28 HLS 12RS-511 ORIGINAL HCR NO. 12 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. BE IT FURTHER RESOLVED that the office of the state register is hereby directed1 to have the amendments to LAC 70:I.1521(B)(5) and 1531(B) printed and incorporated into2 the Louisiana Administrative Code.3 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)] Jim Morris HCR No. 12 Amends LAC 70:I.1521(B)(5) and 1531(B) of the rules and regulations promulgated by the Dept. of Transportation and Development, relative to access connection requirements and access connection design requirements. Provides that the district engineer administrator may evaluate a right-in/right-out as a secondary driveway and waive the requirement of a traffic impact study. Further eliminates the requirement that single-family residences have a hard- surfaced driveway. Repeals LAC 70:I.1533(E), which requires the services of an independent DOTD-approved inspector be obtained to inspect the construction of all DOTD-required improvements in the DOTD right-of-way. Directs the office of the state register to print the amendment to LAC 70:I.1521(B)(5) and 1531(B) in the La. Administrative Code. (Amends LAC 70:I.1521(B)(5) and 1531(B); Repeals LAC 70:I.1533(E))