The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 195 Engrossed 2016 Regular Session Cortez
Present law provides that it is the policy of Louisiana that the state, agencies and political
subdivisions select providers of design professional services on the basis of competence and
qualifications for a fair and reasonable price. Further prohibits the use of price or price related
information as a factor in the selection process. Present law makes an exception to state policy for
design-build contracts let by DOTD and certain political subdivisions, public-private partnership
contracts let by the Louisiana Transportation Authority and certain port projects.
Proposed law adds to the exception in present law public-private partnership contracts entered into
by DOTD and corrects the sunset date for design-build port projects to conform to R.S. 34:3523.
Present law authorizes the Louisiana Transportation Authority (LTA) to enter into public-private
partnership contracts for the construction of qualified transportation facility projects. Provides a
process for approval of both solicited and unsolicited projects by LTA. Authorizes LTA to adopt
guidelines that include criteria for selecting among competitive proposals, timelines for selecting
proposals, and for negotiating a comprehensive agreement. Provides for approval of a service
contract and authorizes the dedication of public property to the project. Present law specifically
provides for the powers and duties of private entities who are parties to such agreements and the
required elements of the comprehensive agreement. Present law also provides for funding, material
default and remedies, acquisition of property and projects, procurement, utility crossings, police
powers and dedication of assets upon termination of the agreement.
Proposed law retains present law and authorizes DOTD to solicit proposals for and enter into
contracts for public-private partnership projects for a transportation facility, provided the department
shall comply with the provisions of R.S. 48:2084 through 2084.15 that are applicable to public-
private partnership projects of the LTA when the secretary determines a public-private partnership
is in the best interest of taxpayers and with approval of the House and Senate transportation,
highways, and public works committees. Proposed law prohibits the department from receiving an
unsolicited proposal for a public-private partnership project.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:2318.1(B); adds R.S. 48:250.4)