HLS 162ES-59 ENGROSSED
2016 Second Extraordinary Session
HOUSE BILL NO. 52
BY REPRESENTATIVE ABRAMSON
CAPITAL OUTLAY: Provides with respect to the execution and administration of capital
outlay appropriations for Fiscal Year 2016-2017 (Item #3)
1 AN ACT
2To provide relative to the execution, implementation, and administration of capital outlay
3 appropriations for Fiscal Year 2016-2017; to provide for exceptions; to provide for
4 specific requirements concerning applications; to establish limitations; to provide for
5 effectiveness.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. The provisions of this Act shall supplement any and all provisions of the
8Capital Outlay Act of the 2016 Second Extraordinary Session of the Legislature, hereinafter
9referred to as the "Capital Outlay Act", except as provided in Section 2 of this Act.
10 Section 2. The following provisions shall control and govern the expenditure of
11monies appropriated for capital outlay in Fiscal Year 2016-2017 to the extent there is
12conflict between any provision of the Capital Outlay Act of the 2016 Second Extraordinary
13Session of the Legislature and this Act.
14 Section 3. Notwithstanding any contrary provision of this Act, the Capital Outlay
15Act, or any provision of law to the contrary, all projects for which a line of credit has been
16approved in the current fiscal year shall submit a new capital outlay request to the Office of
17Facility Planning and Control, which shall be received by the office of facility planning on
18or before November 1, 2016. All new capital outlay requests submitted by non-state projects
19for which a line of credit has been approved in the current fiscal year shall submit a new
20capital outlay request which shall include a letter of support from a legislator in whose
21district the project is located, in order to be eligible for the Fiscal Year 2017-2018 capital
Page 1 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1outlay process. The non-state project application shall not be deemed complete unless the
2project has either a fully executed cooperative endeavor agreement or proof of the applicable
3local match, if required, submitted to and received by the division of administration, office
4of facility planning and control and the Joint Legislative Committee on Capital Outlay on
5or before February 1, 2017.
6 Section 4. All of the funds appropriated in the Capital Outlay Act, except for
7appropriations made to the Department of Military Affairs, the Legislature, the Louisiana
8Stadium and Exposition District, the Department of Economic Development, the Coastal
9Protection and Restoration Authority, the Division of Administration for Supplemental State
10Funds for Local Government Assistance Program, the Division of Administration for the
11Community Water Enrichment Program or the Department of Transportation and
12Development, shall be considered as having been appropriated directly to the Office of
13Facility Planning and Control, Division of Administration, and all projects herein authorized
14and funded shall be subject to the provisions of R.S. 39:101 through 128. All of the funds
15appropriated in the Capital Outlay Act under the name of non-state entities shall be
16administered by the Office of Facility Planning and Control, Division of Administration,
17under cooperative endeavor agreements. All cooperative endeavor agreements for non-state
18entities shall be prepared by the Office of Facility Planning and Control and the
19Commissioner of Administration is hereby authorized and directed to effectuate any
20necessary transfer of funds from the Department of Justice to the Office of Facility Planning
21and Control in order to accomplish this purpose. However, all cooperative endeavor
22agreements between the Department of Transportation and Development and non-state
23entities entered into prior to the passage of this Act shall continue to be administered by the
24Department of Transportation and Development. Cooperative endeavor agreements entered
25into pursuant to this Act, and approved by the Commissioner of Administration or his
26designee, or the Secretary of the Department of Transportation and Development for projects
27appropriated to or administered by the Department of Transportation and Development, shall
28not be required to be submitted to the Division of Administration, Office of Contractual
29Review. For all projects in the Capital Outlay Act or a previous Capital Outlay Act which
30are appropriated to the Office of Facility Planning and Control, Division of Administration,
31including those administered by cooperative endeavor agreements, up to six percent of each
Page 2 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1line-item may be used for costs of administering the projects. For all projects in Capital
2Outlay Act or a previous Capital Outlay Act appropriated to the Department of
3Transportation and Development, up to six percent of each line-item may be used for costs
4of administering the projects, or for field engineering/construction supervision. Line-item
5general obligation bond projects appropriated to the Department of Transportation and
6Development in the Capital Outlay Act or a previous Capital Outlay Act shall be authorized
7to draw Transportation Trust Funds from the Highway Program appropriation, for
8supplemental funding on overruns in excess of the original estimated project cost as
9determined by the Department of Transportation and Development, provided however that
10said projects are in the state or federal highway system and in the priority program, and the
11overrun is less than $50,000. Any such overrun of $50,000 or more must be approved by
12the Joint Legislative Committee on the Budget. Furthermore, all ports, levee districts and
13other non-state entities must have a fully executed cooperative endeavor agreement, from
14the Office of Facility Planning and Control, Department of Transportation and Development,
15or the State Treasurer, whichever is appropriate, before entering into any contracts which
16obligate state funding and must follow all laws pertaining to public bidding. If a port, levee
17district or other non-state entity enters into a contract prior to receipt of funding, or prior to
18execution of a cooperative endeavor agreement, then payments under such contracts are
19prohibited from capital outlay appropriations, and are the sole responsibility of the port,
20levee district, or other non-state entity. Notwithstanding the provisions of this Act, the
21Capital Outlay Act, or any previous capital outlay act, contracts may be entered into for the
22Atchafalaya Basin Protection and Enhancement Kemper Williams project in St. Mary Parish
23prior to a cooperative endeavor agreement being entered into with the state. Notwithstanding
24anything contained in this Act, the Capital Outlay Act, or any previous capital outlay act to
25the contrary or any other provision of law, contracts may be entered into for the Youngsville
26Sports Complex project in Lafayette Parish, prior to receipt of funding and prior to execution
27of the cooperative endeavor agreement and the state is authorized to financially participate
28in obligations created by such contracts. Notwithstanding the provisions of R.S.
2939:112(E)(2), the project for Independence, Independence Area Community Pavilion,
30Planning and Construction, shall be exempt from all local match requirements.
31Notwithstanding anything contained in this this Act or the Capital Outlay Act to the
Page 3 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1contrary or any other provision of law, the scope of the appropriations made in the Capital
2Outlay Act or any other Capital Outlay Act for the St. Mary Parish Plantation Pump Station
3Replacement project shall be deemed to include repair, equipment, rehabilitation and
4infrastructure improvements at the existing Plantation Pump Station. Notwithstanding
5anything contained in this Act or the Capital Outlay Act to the contrary, or any other
6provision of law, the scope of the appropriations made in the Capital Outlay Act or any other
7Capital Outlay Act for the Cameron Parish Holly Beach Sewer, Planning and Construction
8project shall be deemed to include Other Economic Development Related Infrastructure
9Improvements. Notwithstanding anything contained in this Act or the Capital Outlay Act
10to the contrary or any other provision of law, the scope of the appropriations made in this
11or any other Capital Outlay Act for the Louisiana 4-H Foundation, Youth Education
12Development Camp Windy Wood project, shall be deemed to include planning, construction,
13and acquisition. Notwithstanding anything contained in this Act or the Capital Outlay Act
14to the contrary or any other provision of law, the scope of the appropriations made in the
15Capital Outlay Act or any other Capital Outlay Act for the Youngsville Parkway Road
16project shall be deemed to include waterline improvements and roadway lighting.
17Notwithstanding anything contained in this Act to the contrary or any other provision of law,
18the scope of the appropriations made in this or any other Capital Outlay Act for the City of
19Eunice Levee Site Work at Eunice City Lake project in St. Landry Parish shall be deemed
20to include City Park Upgrades. Notwithstanding anything contained in this Act or the
21Capital Outlay Act to the contrary or any other provision of law, the scope of the
22appropriations made in this or any other Capital Outlay Act for the New Mental Health
23Clinic for New Orleans Behavior, Social, and Medical Support Detox Clinic project for the
24Metropolitan Human Service District shall be deemed to include the expansion and
25renovation of the existing facility. Notwithstanding anything contained in this Act or the
26Capital Outlay Act to the contrary or any other provision of law, the scope of the
27appropriations made in the Capital Outlay Act or any other Capital Outlay Act for the New
28Mental Health Center for Desire/Florida Mental Health Clinic project for the Metropolitan
29Human Service District shall be deemed to include the purchase, construction, or renovation
30of a new facility in New Orleans East. Notwithstanding anything contained in this Act or
31the Capital Outlay Act to the contrary, or any other provision of law, the scope of the
Page 4 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1appropriations made in the Capital Outlay Act or any other Capital Outlay Act for the City
2of New Orleans, Eastern New Orleans Hospital and Medical Office Building, Real Estate
3Acquisition, Planning, Design, Construction, Renovation and Equipment project, the City
4of New Orleans may make such capital outlay funds available to the Parish Hospital Service
5District of the Parish of Orleans District "A" in furtherance of the District's planning, design,
6acquisition, development, renovation, construction, equipment and operation of a hospital
7and medical office building in Eastern New Orleans. Notwithstanding anything contained
8this Act or the Capital Outlay Act, or in any cooperative endeavor agreement between the
9Office of Facility Planning and Control and the City of New Orleans or the Hospital Service
10District to the contrary, the Hospital Service District may mortgage or otherwise encumber
11any and all land, real property, including buildings and equipment, and appurtenances
12acquired, in whole or part, with state capital outlay funds provided that bond counsel to the
13state opines that such mortgage shall not affect the tax-exempt status of the bonds to be
14issued by the state for the project. Notwithstanding anything in this Act or the Capital Outlay
15Act to the contrary, contracts may be entered into for the City of New Orleans, Eastern New
16Orleans Hospital and Medical Office Building, Real Estate Acquisition, Planning, Design,
17Construction, Renovation and Equipment project prior to receipt of funding and prior to
18execution of the cooperative endeavor agreement. Notwithstanding anything contained in
19this Act or the Capital Outlay Act to the contrary or any other provision of law, the scope
20of the appropriations made in the Capital Outlay Act or any other Capital Outlay Act for the
21Jefferson Parish Bonnabel Canal Rehabilitation and Bank Stabilization (Veterans Boulevard
22to West Esplanade), Planning and Construction project shall be deemed to include steel sheet
23pile bulkhead, and/or bank excavation and reshaping, bridge replacement, property
24acquisition, demolition and improvements needed to stabilize the canal bank along the
25Bonnabel Drainage Canal in order to address canal bank failures between Veterans
26Boulevard and West Esplanade Avenue. Notwithstanding anything contained in this Act or
27the Capital Outlay Act to the contrary or any other provision of law, the scope of the
28appropriations made in this or any other Capital Outlay Act for the City of Broussard
29Rehabilitate LA Hwy 182 from US 90 to LA Hwy 89, Planning and Construction project
30shall be deemed to include deleting four thousand two hundred feet of two-lane
31rehabilitation in downtown Broussard and widening from two lanes to three lanes, the
Page 5 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1section of roadway from the western terminus of the City of Broussard Three-lane LA Hwy
2182 in the city of Broussard, Planning and Construction ($750,000 Local Match) project in
3downtown Broussard to South Broussard Road. Notwithstanding anything contained in this
4Act or the Capital Outlay Act to the contrary or any other provision of law, the scope of the
5appropriations made in this or any other Capital Outlay Act for the New Orleans Norman
6Playground Basketball Gym, Planning and Construction project shall be deemed to include
7park enhancements for a walking track, basketball, football and baseball fields and a
8concession stand. Notwithstanding anything contained in this Act or the Capital Outlay Act
9to the contrary or any other provision of law, the Parks Municipal Complex, Planning and
10Construction project shall not include he purchase, construction or renovation of a new
11facility in St. Martin Parish. Notwithstanding anything contained in this Act or the Capital
12Outlay Act to the contrary or any other provision of law, the Parish Road Improvements
13Project for Franklin Parish is exempt from the contract limit set forth in R.S. 38:2212.
14Notwithstanding anything contained in this Act or the Capital Outlay Act to the contrary or
15any other Act or provision of law, the appropriations made for the Executive Department for
16facilities which promote economic development included in the Repair, Restoration, and
17Replacement for Hurricanes Katrina and Rita project, and the Department of Economic
18Development projects are for public purposes pursuant to the provisions of Article VII,
19Section 14 of the Constitution of Louisiana primarily for economic development, including
20the generation of tax revenues, creation of jobs, promotion of tourism, and creation of
21facilities for charitable, cultural, artistic, educational, social, civic, research, service,
22economic development activities, or provide facilities for professional golf events, pursuant
23to the terms of cooperative endeavor agreements, including leases and all expenditures of
24these appropriations and may be exempted, by the Commissioner of Administration, from
25all statutes relative to public bidding, contractual review and the provisions of R.S.
2633:9029.2(D) and in lieu thereof be allowed to use alternative competitive contracting
27arrangements where the appropriate administering entity submits documentation to the
28Commissioner of Administration substantiating that it is in the best interest of the citizens
29of the state, due to economic and/or operational benefits, and the necessity to complete the
30projects in a timely manner; and, the appropriate administering entity shall have the
31authority to directly appoint the design professional from a list of a minimum of three design
Page 6 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1firms or joint ventures with the appropriate specialized facility design experience submitted
2to and acceptable to the Commissioner of Administration and shall be exempt from other
3state requirements for selection of designers, and may include expenditures for computers,
4fixtures, furniture, and other equipment as such is deemed to be capital outlay in nature, and
5unless the Commissioner of Administration is advised by bond counsel to the State that such
6may violate federal tax law, may be used to reimburse any expenditure made prior to the
7granting of a line of credit or the sale of bonds by the State Bond Commission, determination
8by the State Treasurer that cash funding has been deposited in the Comprehensive Capital
9Outlay Escrow Account for the project or the execution of a cooperative agreement from the
10Office of Facility Planning and Control, and may be used to acquire land or real property,
11the title to which is held in the name of an entity exempt from taxation under the provisions
12of 26 U.S.C. 501(c)(3). Notwithstanding anything contained in this Act or the Capital
13Outlay Act to the contrary or any other provision of law, all of the funds herein appropriated
14to the Department of Economic Development in connection with the Capital Improvements
15Project to Meet Economic Development Commitments for which the Department of
16Economic Development utilizes a cooperative endeavor agreement to further economic
17development as permitted under Article VII, Section 14 of the Louisiana Constitution,
18including the generation of tax revenues and creation of jobs, shall be considered as having
19been appropriated to the Department of Economic Development, may be used to reimburse
20any expenditure made prior to the granting of a line of credit and made prior to the execution
21of a cooperative endeavor agreement and shall be administered solely by the Department of
22Economic Development pursuant to, in compliance with, and on the terms contained in such
23cooperative endeavor agreements. Notwithstanding any provision of law to the contrary, the
24Commissioner of Administration is hereby authorized to take such actions as are necessary,
25including using such funds as may be available including those appropriated and available
26under this Act or the Capital Outlay Act for professional sports facilities through the
27Louisiana Stadium and Exposition District and that are otherwise available, executing on
28behalf of the State such documents as are necessary in order to terminate the ground lease
29between the State and the PGA and thereby acquiring all leasehold improvements for the
30State, extending the management agreement between the State and the PGA, and extending
31the sponsorship and presence of the Zurich Classic in the Greater New Orleans area.
Page 7 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1Notwithstanding anything contained in this Act or the Capital Outlay Act or any other
2capital outlay act, contracts may be entered into for the Tulane National Primate Research
3Center prior to receipt of funding and prior to execution of a cooperative endeavor
4agreement and the project is exempted from all statutes relative to public bidding and
5contractual review and in lieu thereof the appropriate administering entity shall have the
6authority to directly appoint design professionals and construction managers in accordance
7with National Institute of Health Design and Construction Guidelines. Notwithstanding
8anything contained in this Act, or the Capital Outlay Act, or any other capital outlay act,
9contracts may be entered into for the Port of South Louisiana, Globalplex Rail Siding;
10Globalplex Terminal Building #71 Upgrade, Planning and Construction; Administration
11Building (also known as the Business Development Center); Warehouse Planning and
12Construction prior to receipt of funding and prior to execution of a cooperative endeavor
13agreement. Notwithstanding anything in this Act, the Capital Outlay Act, any previous
14capital outlay act, or other provision of law to the contrary, the scope of the appropriation
15for the Port of South Louisiana Globalplex Terminal Building #71 Upgrade project shall be
16deemed to also include similar upgrades for other Globalplex Terminal Buildings.
17Notwithstanding anything in this Act, any previous capital outlay act, or other provision of
18law to the contrary, monies appropriated herein for the Port of South Louisiana Globalplex
19Terminal Building #71 and Other Globalplex Terminal Building Upgrades, Planning and
20Construction may be expended for design fees related to the conveyor system and ancillary
21equipment that exceed the customary ten percent limitation on design fee costs.
22Notwithstanding anything in this Act or the Capital Outlay Act to the contrary or any other
23provision of law, contracts may be entered into for the Greater Baton Rouge Port
24Commission Inland River Marine Terminal Dock and Access Roadway Construction Project,
25Planning and Construction Project prior to receipt of funding and prior to the execution of
26a cooperative endeavor agreement. Notwithstanding anything in this Act to the contrary or
27any other provision of law, monies appropriated herein for the Juban Road (LA1026)
28Widening (I-12 to US 190) project may be expended for the installation of sewer lines along
29the roadway and pursuant to a cooperative endeavor agreement between the Department of
30Transportation and Development and Livingston Parish, funds may be provided to
31Livingston Parish for that purpose. Notwithstanding anything contained in this act to the
Page 8 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1contrary or any other provision of law, the appropriations made for the Louisiana Stadium
2and Exposition District shall be appropriated directly to the Louisiana Stadium and
3Exposition District, and are public purposes pursuant to the provisions of Article VII,
4Section 14 of the Constitution of Louisiana primarily for economic development, including
5the generation of tax revenue, creation of jobs, and the generation of tourism, and may be
6used to reimburse any expenditure made prior to the granting of a line of credit or the sale
7of bonds by the State Bond Commission, determination by the State Treasurer that cash
8funding has been deposited in the Comprehensive Capital Outlay Escrow Account for the
9project. The Louisiana Stadium and Exposition District may apply up to $10,000,000 to
10reimburse the New Orleans Hornets NBA, LLC for costs incurred in constructing a new
11training facility as contemplated by the Amended and Restated Arena Use Agreement dated
12July, 1 2015; but, otherwise, contracts for projects funded through this appropriation shall
13be awarded utilizing the public bid and contractual review process set forth in Chapter 10
14of Title 38 and Chapter 16 of Title 39 of the Louisiana Revised Statutes of 1950, except with
15respect to time requirements, or, in order to encourage competition for the projects funded
16through this appropriation and to complete the projects in a timely manner, the Louisiana
17Stadium and Exposition District shall have the authority to select a general contractor
18through an RFP process whereby general contractors will bid general conditions and
19contractor's fee based on the direct construction budget. The alternative time requirements
20shall be approved by the Commissioner of Administration before the awarding of any such
21contracts. Further, with respect to appropriations to the Louisiana Stadium and Exposition
22District for the TPC Louisiana, Planning and Construction project, the Louisiana Stadium
23and Exposition District shall be permitted to use alternative competitive procurement and
24delivery methods for the award of any contracts to be funded through such appropriation.
25The Louisiana Stadium and Exposition District shall have the authority to directly appoint
26the design professional from a list of a minimum of three architectural firms or joint ventures
27with professional sports facility design experience acceptable to the Commissioner of
28Administration and shall be exempt from other state requirements for selection of designers.
29The design professional fee shall be in accordance with state guidelines administered by the
30Office of Facility Planning and Control, Division of Administration. Eligible expenses for
31Economic Development Award Program funds may include documented project expenses
Page 9 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1beginning on the date of LEDC Board approval of the project and may be reimbursed upon
2execution of the cooperative endeavor agreement for the project. The new University
3Medical Center in New Orleans project in Orleans Parish shall be exempt from the state's
4requirements for selection of designers and the Commissioner of Administration shall have
5the authority to approve a design professional selection process. The design professional fee
6shall be in accordance with state guidelines administered by the Office of Facility Planning
7and Control, Division of Administration. The Division of Administration, Office of Facility
8Planning and Control, with approval of the Commissioner of Administration and the Joint
9Legislative Committee on the Budget, is authorized to use alternative delivery strategies in
10implementing hurricane damage repairs to Southern University at New Orleans, Hazardous
11Material Abatement Projects, the City Park Golf Complex Improvements project,, the
12Health/Human Performance Education Complex, and the Patrick Taylor Hall Renovation
13and Expansion project. In addition, with the approval of the Commissioner of
14Administration and the Joint Legislative Committee on the Budget, an alternative delivery
15strategy may be used in the implementation of the Louisiana Children's Museum, Early
16Learning Village project. Due to the State's current investment in TPC Louisiana and the
17financial support it provides to the PGA TOUR event currently played at said facility, the
18funding of the City Park Golf Complex Improvements project described above is
19conditioned upon said PGA TOUR event not being played at New Orleans City Park Golf
20Complex without the prior agreement of the Commissioner of Administration and the
21Chairman of the Jefferson Parish Council. Notwithstanding the foregoing, the City Park Golf
22Complex may host any other golf tournament or event, including but not limited to any other
23PGA-affiliated or sponsored tournament or event. For all projects administered by the
24Office of Facility Planning and Control and payable from proceeds of self-generated
25revenues, funds shall be remitted to the Office of Facility Planning and Control for deposit
26in the state treasury at such time as may be deemed necessary by the Office of Facility
27Planning and Control in order to cover the amount of contracts or other project expenses.
28The State Treasurer shall refund to the appropriate source any surplus self-generated funds,
29advanced insurance funds received by the Office of Facility Planning and Control as
30Interagency Transfer from Office of Risk Management associated with hurricane damage
31recovery, and interest earned on these funds, provided the Treasurer's Office is notified,
Page 10 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1when these funds are deposited in the state treasury, that the user agency or Office of Risk
2Management intends to request a refund of this interest. Any revenue bonds appropriated
3in Section 1 of the Capital Outlay Act shall not be secured by the full faith and credit of the
4state. Notwithstanding anything in this Act or the Capital Outlay Act to the contrary or any
5other provision of law, contracts may be entered into for the Mississippi River Levee
6Raising, Arkansas to Old River project prior to receipt of funding, and the State is authorized
7to financially participate in obligations created by such contracts. Notwithstanding anything
8in this Act to the contrary or any other provision of law, contracts may be entered into for
9the Deep Water Gulf Transfer Terminal Authority for Deep Water Terminal Transfer
10Engineering Fees, which project includes other necessary services ancillary or incidental to
11the capital outlay project as included or indicated in the capital outlay request for such
12project, prior to receipt of funding and prior to the execution of a cooperative endeavor
13agreement, and unless the Commissioner of Administration is advised by bond counsel to
14the state that such may violate federal tax law, the appropriation may be used to pay for such
15contracts and ancillary and incidental services prior to the granting of a line of credit or the
16sale of bonds by the State Bond Commission. Notwithstanding anything in this Act or the
17Capital Outlay Act to the contrary or any other provision of law, contracts may be entered
18into for the Old McKinley High School Community Center on Thomas Delpit Drive in the
19City of Baton Rouge, Kitchen and Building Renovations and Elevator Repair Project prior
20to receipt of funding and prior to the execution of a cooperative endeavor agreement, and
21unless the Commissioner of Administration is advised by bond counsel to the state that such
22may violate federal tax law, the appropriation may be used to reimburse any expenditure
23made prior to the granting of a line of credit or the sale of bonds by the State Bond
24Commission. Notwithstanding anything in this Act or the Capital Outlay Act to the contrary
25or any other provision of law, contracts may be entered into for the Tulane University Tulane
26River and Coastal Center Project prior to receipt of funding and prior to the execution of a
27cooperative endeavor agreement, and the project is exempted from all statutes relative to
28public bidding and state procurement and in lieu thereof shall be subject to federal
29government qualifications and regulations approved by the Economic Development
30Authority. Notwithstanding anything in this Act or the Capital Outlay Act to the contrary
31or any other provision of law, contracts may be entered into for the Outpatient Clinics in
Page 11 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1Rapides Parish, Planning and Construction project for the Division of Administration prior
2to the execution of a cooperative endeavor agreement. Notwithstanding anything in this Act
3or the Capital Outlay Act to the contrary or any other provision of law, contracts may be
4entered into for the Natural Gas Distribution System Rehabilitation and Improvement
5project for the Town of St. Francisville prior to the execution of a cooperative endeavor
6agreement. Notwithstanding any other provision of this Act or the Capital Outlay Act or any
7other provision of law to the contrary, funds appropriated for the Economic Development
8Award Program project for the Office of Business Development are to be used solely for
9capital and infrastructure improvements subject to verification by the Division of
10Administration, Office of Facility Planning and Control. Notwithstanding any other
11provision of this Act or the Capital Outlay Act or any other provision of law to the contrary,
12all of the funds herein appropriated to the Department of Economic Development in
13connection with projects or programs for which the Department of Economic Development
14utilizes a cooperative endeavor agreement to further economic development as permitted
15under Article VII, Section 14 of the Louisiana Constitution, including the generation of tax
16revenues and creation of jobs, shall be considered as having been appropriated to the
17Department of Economic Development, may be used to reimburse any expenditure made
18prior to the granting of a line of credit and made prior to the execution of a cooperative
19endeavor agreement and shall be administered solely by the Department of Economic
20Development pursuant to, in compliance with, and on the terms contained in such
21cooperative endeavor agreements without compliance with any other law, including, but not
22limited to, the provisions of R.S. 39:101 through 128. Additionally, all expenditures of these
23appropriations may be exempted by the Commissioner of Administration, from all statutes
24relative to public bidding, contractual review and the provisions of R.S. 33:9029.2(D).
25Notwithstanding anything contained in this Act, the Capital Outlay Act, or any other
26provision of law to the contrary, the letting of a contract for construction of the "Louisiana
27Construction Center", funded wholly by the Louisiana Licensing Board for Contractors, shall
28be exempt from all statutes relative to public bidding and contractual review.
29Notwithstanding anything contained in this Act or any other provision of law to the contrary,
30contracts may be entered into for The Global Foundation for Better Education, Health and
31Environment, Inc. for the Urgent Care Facility, Planning and Construction project prior to
Page 12 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1the issuance of a line of credit, prior to receipt of funding, and prior to execution of a
2cooperative endeavor agreement and the project is exempted from all statutes relative to
3public bidding, contractual review, and review of plans and specifications by the Office of
4Facility Planning and Control. Notwithstanding anything contained in this Act or the Capital
5Outlay Act or any other provision of law to the contrary, contracts may be entered into for
6the City of Gretna’s Lion’s Club Conversion to Senior Center project prior to receipt of
7funding and prior to execution of a cooperative endeavor agreement and the project is
8exempted from all statutes relative to public bidding and contractual review.
9Notwithstanding anything contained in this Act, the the Capital Outlay Act, or any other
10provision of law to the contrary, the scope of the appropriation for Division of
11Administration, Shreveport State Office Building Mechanical and Electrical Renovations
12(Caddo) is deemed to also include a study of the feasibility of consolidating state office
13space in Shreveport into a central downtown location in accordance with HCR 202 of 2009.
14Notwithstanding anything contained in this Act, the Capital Outlay Act, or any other
15provision of law to the contrary, $8,500,000 of in expenditures from the appropriation for
16Louisiana Stadium and Exposition District, Professional Sports Facilities, Planning and
17Construction and Leasehold Improvements shall be consistent with the deliverables as
18enumerated in the Arena Use Agreement and Project Development agreement.
19Notwithstanding anything contained in this Act, the Capital Outlay Act, or any other
20provision of law to the contrary, the Department of Transportation and Development shall
21use $2,500,000 of general obligation bond funding appropriated for Department of
22Transportation and Development, Administration, Highway Program (Up to $4,000,000 for
23Secretary's Emergency Fund) in Act 25 of the 2014 Regular Session of the Legislature for
24the Louisiana Highway 92 Overlay, Preservation and Construction (Lafayette) project.
25Notwithstanding anything contained in this Act, the Capital Outlay Act, or any other
26provision of law to the contrary, $50,000 of the appropriation for Department of Natural
27Resources, Office of the Secretary, Atchafalaya Basin Protection and Enhancement (Federal
28Match and Local/Sponsor Match)(Assumption, Avoyelles, Iberia, Iberville, Pointe Coupee,
29St. Landry, St. Martin, St. Mary) will be used to fund House Concurrent Resolution No. 168
30of 2011. Notwithstanding anything contained in this Act, the Capital Outlay Act, or any
31other provision of law to the contrary, the scope of the appropriation for LSU Health
Page 13 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1Sciences Center Health Care Services Division, University Medical Center in Baton Rouge
2(East Baton Rouge) is deemed to also include the demolition of the Earl K. Long Hospital
3facility in Baton Rouge and up to $2,000,000 of the appropriation shall be used to pay the
4costs of demolishing the Earl K. Long Hospital facility. Notwithstanding anything contained
5in this Act or the Capital Outlay Act to the contrary, any other provisions of law, or the
6provisions of R.S. 39:112(E)(2), the project for Eden House, New Facility, Acquisition,
7Planning and Construction, shall be exempt from all local match requirements.
8Notwithstanding anything contained in this Act, the Capital Outlay Act, or any other Capital
9Outlay Act, the scope of the appropriation in Act 2 of the 2004 R.S. for the Morgan City
10Harbor and Terminal District, Atchafalaya River, Bayou Chene, Bayou Boeuf, and Bayou
11Black Deepening Project Feasibility Study project in St. Mary Parish shall include additional
12navigable depth surveys, survey interpretation, and updates to prior related work.
13Notwithstanding anything contained in this Act, the Capital Outlay Act, or any other capital
14outlay Act, the scope of the appropriation for the Port of Lake Charles Highway 397 in
15Calcasieu Parish, North and South Turning Lanes and Rail Spur at Farmers Rice Mill,
16Planning and Construction (Calcasieu) project shall be deemed to include installation of a
17traffic warning system at the train crossing on LA 397. Notwithstanding anything contained
18in this Act, the Capital Outlay Act, or any other capital outlay Act, the scope of the
19appropriation for the Department of Transportation and Development, Bundicks Lake Level
20Control Structure, Planning and Construction project in Beauregard Parish shall be deemed
21to include repairs.
22 Section 5. Notwithstanding any provisions contained in this Act, the Capital Outlay
23Act, or any other law to the contrary, the provisions of Chapter 16 of Subtitle III of Title 39
24of the Louisiana Revised Statutes of 1950 as amended, shall not apply to architectural and
25engineering contracts, administered by the Office of Facility Planning and Control, Division
26of Administration pursuant to this Act, the Capital Outlay Act, or any other capital outlay
27act.
28 Section 6. This Act shall become effective upon signature by the Governor or, if not
29signed by the Governor, upon expiration of the time for bills to become law without
30signature by the Governor, as provided in Article III, Section 18 of the Constitution of
Page 14 of 15 HLS 162ES-59 ENGROSSED
HB NO. 52
1Louisiana. If vetoed by the Governor and subsequently approved by the Legislature, this Act
2shall become effective on the day following such approval.
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)]
HB 52 Engrossed 2016 Second Extraordinary Session Abramson
Abstract: Provides for procedures, exceptions, requirements, and limitations necessary for
the execution, implementation, and administration of capital outlay appropriations
for FY 2016-2017.
Proposed law provides generally with respect to execution, implementation, and
administration of capital outlay appropriations for FY 2016-2017.
Proposed law, notwithstanding any provision of present law or the 2016-2017 Capital Outlay
Act to the contrary, requires that all projects for which a line of credit has been approved in
Fiscal Year 2015-2016, shall submit a new capital outlay request to the office of facility
planning, which shall be received by the office of facility planning on or before November
1, 2016. All new capital outlay requests submitted by non-state projects for which a line of
credit has been approved in Fiscal Year 2015-2016, shall submit a new capital outlay request
which shall include a letter of support from a legislator in whose district the project is
located, in order to be eligible to receive capital outlay funding for Fiscal Year 2017-2018.
The non-state project application shall not be deemed complete unless the project has either
a fully executed cooperative endeavor agreement or proof of the applicable local match, if
required, submitted to and received by the division of administration, office of facility
planning and the Joint Legislative Committee on Capital Outlay on or before February 1,
2017.
Proposed law provides specific exemptions from present law for the management and
execution of specific capital outlay projects or the projects of specific recipient entities.
Proposed law establishes general requirements relating to cooperative endeavor agreements.
Effective upon signature of governor or lapse of time for gubernatorial action.
Page 15 of 15