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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 375
BY SENATOR CHABERT
TRANSPORTATION/DEV DEPT. Provides relative to Statewide Flood-Control Program.
(8/1/14)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 38:90.4(A)(1), R.S. 38:90.4(B)(1)2
and (C) and 90.5(A) and (D) and to repeal R.S. 38:90.5(C), relative to the statewide3
flood-control program; to provide relative to the administration of the program; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The introductory paragraph of R.S. 38:90.4(A)(1), R.S. 38:90.4(B)(1) and7
(C) and 90.5(A) and (D) are hereby amended and reenacted to read as follows: 8
§90.4. Methodology for flood-control project evaluation9
A.(1) Applications for funding of any flood-control projects under the10
Statewide Flood Control Program may be submitted by any duly authorized11
municipal, parish, or other governing authority. Applications shall be made to the12
office of engineering by October first of each year, for consideration of funding in13
the following fiscal year. Applications submitted in accordance with the provisions14
of this Chapter shall not be subject to the provisions of R.S. 39:101. Sponsoring15
authorities with a population of fifty thousand persons or more shall be responsible16
for the preparation of applications for their respective projects. For sponsoring17 SB NO. 375
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
authorities with a population of less than fifty thousand persons, the office shall1
prepare the applications for the projects, or the sponsoring authority may prepare its2
application in the event the office cannot accomplish required engineering services3
in a timely manner. Information to be provided in the application shall include but4
not be limited to the following:5
* * *6
B.(1) Applications shall be reviewed by the office of engineering, the Coastal7
Protection and Restoration Authority Board, the Louisiana Geological Survey, the8
division of administration, United States Soil Conservation Service, and any other9
appropriate state agencies agency.10
* * *11
C. Procedures for review and evaluation shall be developed by the Flood12
Control Project Evaluation Committee. Prior to implementing the review and13
evaluation procedures the evaluation committee shall secure the approval of these14
procedures by the Joint Committee on Transportation, Highways and Public Works15
consistent with the requirements of R.S. 49:968. These procedures and a set of16
guidelines for completing project applications shall be made available to all eligible17
authorities as defined in this Chapter prior to March 1, 1983.18
§90.5. Report to Joint Legislative Committee on Transportation, Highways and19
Public Works; recommendation of the Flood Control Project20
Evaluation Committee; flood protection needs study; incremental21
funding of rural and urban projects22
A. The final revision provided for in R.S. 38:90.2 by the Louisiana23
Geological Survey shall be furnished to the committee and the Flood Control Project24
Evaluation Committee prior to the beginning of the 1983 regular session of the25
legislature and every fourth year thereafter. Prior to each legislative session26
beginning with the 1984 regular session, the evaluation committee shall submit a27
recommended list of projects, including supporting data, to the Joint Committee on28
Transportation, Highways and Public Works. The committee shall conduct hearings29 SB NO. 375
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words in boldface type and underscored are additions.
to receive the revision of the flood information data base called for in R.S. 38:90.21
and the recommendations from the evaluation committee.2
* * *3
D. The Department of Transportation and Development is authorized to may4
provide for incremental funding of rural and urban projects by permanently5
suspending or eliminating the rule adopted in accordance with the Administrative6
Procedure Act relative to the Statewide Flood-Control Program, which requires that7
redistributed funds shall be sufficient to complete a project. Nothing in this Section8
shall be construed to affect the urban/rural distribution formula.9
Section 2. R.S. 38:90.5(C) is hereby repealed in its entirety.10
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. SB NO. 375
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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))