The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 148 Original 2017 Regular Session Chabert
Proposed law creates the Waterway Dredging and Deepening Priority Program for the purpose of
deepening, dredging, or maintaining waterways in the state.
Proposed law requires applications for funding of any port construction or development project to
be submitted to the office of multimodal commerce within the Dept. of Transportation and
Development (office) by any governmental entity by the first of March, June, September, and
December of each year for consideration of funding or funding obligation authority in the following
fiscal years. Further requires applications to be reviewed by the office and any other state agencies
within 60 days of receipt of such applications.
Proposed law requires the office, with approval of the House and Senate transportation committees,
to develop procedures in accordance with the APA for review and evaluation of applications. The
procedures and guidelines for completing project applications shall be made available to eligible
governmental entities.
Proposed law provides that the office may contract for any of the duties associated with the
development of the program and the priority list. However, development of and authority over the
final determination of the priority list shall remain with the department and the joint committee.
Proposed law requires the office to maintain an inventory of waterways, public and private, with
respect to their location, capacities, and capabilities and serve as a clearinghouse for inquiries for
waterways information, data, and technical and research assistance.
Proposed law requires the office to prepare each year a summary report containing projections of
state, federal, local, and private financial requirements for dredging and deepening waterways.
Proposed law provides that prior to the convening of each regular session of the legislature,
the office shall prepare and furnish the priority list of projects to the committees. The committees
shall jointly hold a public hearing for the purpose of reviewing the priority list of projects for the
coming fiscal year. Prior to each hearing, the office shall publish official notice of the hearing in the
necessary journals.
Proposed law provides that after the committee hearing, but before the convening of the regular
session, the office shall prepare the final construction program for the ensuing fiscal year and submit
it to the committees.
Proposed law requires the office to prepare and furnish a prioritized list of projects based on the
applications received by the office during each quarter to the committees. The joint committee shall hold a public hearing within 30 calendar days of receiving the prioritized list for the purpose of
reviewing the priorities. At such hearing, the joint committee shall vote to either accept, reject, or
modify the list.
Proposed law requires the office to re-prioritize the list of projects to reflect the cumulative list of
projects recommended by the department and approved by the committees.
Proposed law provides that after applications for the last quarter are approved by the office and
presented to the committees, the department shall submit the final priority program for the ensuing
fiscal year to the legislature for approval. Prior to the convening of the regular session of the
legislature, the joint committee shall hold a public hearing for the purpose of reviewing the final
program for the ensuing fiscal year. Further requires the office to publish the appropriate official
notice in the necessary journals prior to such hearing.
Proposed law requires the final program be based on the anticipated revenues to be appropriated by
the legislature or other funding obligation authority and the projects shall be listed in order of
priority.
Proposed law requires a project recommended by the office and approved by the joint committee but
for which funds are unavailable in the fiscal year for which it was approved to remain on the
prioritized list of projects and to be carried forward to the next fiscal year. Such project shall retain
its place on the prioritized list and shall receive a higher priority over newly recommended projects
in the next fiscal year.
Proposed law requires the office to annually provide a supplemental list of projects to be commenced
or authorized within the ensuing four years which are in various stages of planning and preparation.
The supplemental list may be changed by the office until it finally approves each project for
construction.
Proposed law provides that after adoption of the approved list of projects by the joint committee, the
list is forwarded to the office for implementation. Further requires the approved list to be
implemented by office using appropriated funds, funding obligation authority, or pursuant to the cash
management program.
Proposed law provides that no waterway project shall be undertaken by the office except those
included in the approved program listing which are funded or which have funding obligation
authority for that fiscal year.
Proposed law provides that projects planned for the year for which appropriations have been made
or which have funding obligation authority shall be commenced in that year and provides procedures
for commencing substitute projects.
Proposed law creates Dredging and Deepening Fund within the state treasury as the source of state
funds provided for any waterway project on the priority list. Proposed law provides for certain requirements for the preparation of plans and specifications and
letting of bids for and supervision of construction.
Proposed law requires that distributions to recipient governmental entities be audited biennially.
Proposed law provides for requirements and procedures pertaining to the misuse of funds.
Effective July 1, 2017.
(Adds R.S. 34:3471-3483)