Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB375 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Chabert (SB 375)
Present law, relative to the statewide flood-control program (program), provides in part that:
(1)Applications for funding of any projects under the program may be submitted by any duly
authorized municipal, parish, or other governing authority. Requires that applications be
made to the office of engineering of DOTD by October first of each year, for
consideration of funding in the following fiscal year. Provides that applications submitted
in accordance with present law shall not be subject to certain capital outlay budget
provisions. Provides that sponsoring authorities with a population of 50,000 persons or
more shall be responsible for the preparation of applications for their respective projects.
Requires that for other sponsoring authorities, the office prepare the applications for the
projects, or the sponsoring authority may prepare its application in the event the office
cannot accomplish required engineering services in a timely manner.  Provides for certain
information in the application.
(2)Applications shall be reviewed by the office of engineering, the Coastal Protection and
Restoration Authority Board, the La. Geological Survey, the division of administration,
U.S. Soil Conservation Service, and any other appropriate state agencies.
(3)Procedures for review and evaluation shall be developed by the Flood Control Project
Evaluation Committee. Requires that prior to implementing the review and evaluation
procedures the evaluation committee secure the approval of these procedures by the Joint
Committee on Transportation, Highways and Public Works consistent with the APA.
Provides that these procedures and a set of guidelines for completing project applications
shall be made available to all eligible authorities as defined in this present law prior to
March 1, 1983. 
Proposed law makes technical revisions and removes outdated provisions.  Otherwise retains
present law.
Present law requires that the final revision of the flood information data base by the La.
Geological Survey be furnished to the committee and the evaluation committee prior to 1983
regular session and every fourth year thereafter.  Further provides that prior to each legislative
session beginning with the 1984 regular session, the evaluation committee shall submit a
recommended list of projects, including supporting data, to the Joint Committee on
Transportation, Highways and Public Works.  Provides that the committee shall conduct hearings
to receive the revision of the flood information data base and the recommendations from the
evaluation committee. Proposed law removes outdated provision.  Otherwise retains present law.
Present law provides that pursuant to the development of a statewide master plan for flood
control, the first priority in fiscal year 1990-91 for monies made available to the program shall be
used to conduct a statewide study to determine flood protection needs.  Provides that the total
cost of the study shall not exceed $100,000.  Requires that the study address problem areas with
proposed projects of one million dollars or greater and identify problems, study alternatives, and
propose solutions.
Proposed law repeals present law.
Present law authorizes DOTD to provide for incremental funding of rural and urban projects by
permanently suspending or eliminating the rule adopted in accordance with the APA relative to
the Statewide Flood-Control Program, which requires that redistributed funds shall be sufficient
to complete a project.  Provides that nothing in present law shall be construed to affect the
urban/rural distribution formula.
Proposed law makes technical revisions to present law.  Otherwise retains present law.
Effective August 1, 2014.
(Amends R.S. 38:90.4(A)(1)(intro. para.), (B)(1), and (C) and 90.5(A) and (D); repeals R.S.
38:90.5(C))