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 618 Original 2018 Regular Session Abramson
Abstract: Provides for changes to the Highway Priority Program and requires the reporting and
auditing of certain information regarding the program and the use of the avails of the taxes
levied on certain motor fuels.
Present law establishes a prioritization process for construction of highway and bridge projects
utilized to develop a Highway Priority Program that accomplishes many goals including bringing
the state highway system into a good state of repair and optimizes the usage and efficiency of
existing transportation facilities.
Proposed law specifies that in cases where Priority A and B mega-projects would be prioritized
equally in accordance with proposed law and present law, consideration must be given to mega-
projects for which funding has been made available by sources other than the state or federal
government.
Present law requires, beginning in FY 2017-2018, the Dept. of Transportation and Development
(DOTD) to provide the legislature and public with a program that lists projects to be constructed in
the ensuing fiscal year in an order of priority that is determined after projects are analyzed utilizing
a process based on an objective analysis that considers the following factors relative to the cost of
the project and anticipated revenues to be appropriated by the legislature:
(1)The condition of the roads, streets, and structures making up the state highway system and
the urgency of the improvements considering their order of needs.
(2)The type and volume of traffic on a roadway, highway, or bridge.
(3)The crash records for a roadway, highway, or bridge.
(4)The technical difficulties in the preparation of plans and the procurement of rights-of-way
for a roadway, highway, or bridge.
(5)Whether an unforeseeable emergency has created an immediate need for improvement or
reconstruction.
(6)Whether capacity improvements are warranted due to population or traffic volume increases
in a geographic area. (7)Whether or not the highway or bridge is or will be on an evacuation route utilized to evacuate
large populations due to catastrophic events.
(8)Whether the improvement to or addition of a highway or bridge will benefit the economic
development potential of the state.
Proposed law retains present law but changes the FY from 2017-2018 to FY 2019-2020 and adds
a factor for prioritization of projects which requires consideration of whether the highway or bridge
project will meet the needs of the local and regional planning organizations to ensure that there is
an equitable distribution among and between the different regions of the state over a three year
period.
Proposed law requires, in addition to the requirements of present law, for DOTD to establish a multi-
year time line on the projects to be funded through the program each year including an indication of
the source of monies from which project costs will be funded.
Proposed law requires DOTD to submit performance progress reports including the performance
objectives, indicators, and standards used by the department to determine the efficiency and
effectiveness of the priority of projects in the program. Further requires the report to be submitted
and maintained through the electronic performance database maintained and used by the division of
administration to track state agency performance standards and on DOTD's webpage.
Proposed law requires, beginning with the program for FY 2019-2020 and for each program
thereafter, for DOTD to apply the prioritization factors provided for in present law and begin to
prioritize all projects in the program which are at the stage of construction where sources of funding
are being identified.
Proposed law further requires, beginning with the program for FY 2019-2020, the department to
prioritize all projects included in the program into two separate lists. The first list shall include a
three-year plan for all projects in the program where funding is programmed based on the anticipated
and projected revenues available for construction in that fiscal year. Requires DOTD to publish the
list with notations regarding whether the letting date for each project is on-schedule, ahead of
schedule, or delayed.
Proposed law requires the department to include a detailed written explanation of any delay notated
on the published list required by proposed law.
Proposed law requires that as projects are completed from the first list, they are deleted and replaced
with projects from the second list beginning with the highest level of priority. Further requires
DOTD to devise a detailed schedule of construction for all projects on this list which shall include
at a minimum, the stage of construction, the estimated start date, and estimated end date for each
phase of construction, associated costs, and funding sources for each phase.
Proposed law requires the second list to include a three-year plan for all projects in the program that
can be funded if additional revenues become available. Specifies that each year, as projects move from this list to the first list, new projects must be added to the second list from prioritized projects
in the program starting with the highest level of priority.
Proposed law requires the district administrator of each of the nine DOTD districts to determine the
prioritization of the pavement preservation projects in their respective district.
Proposed law requires, beginning July 1, 2020, the legislative auditor to annually audit the avails of
the tax gasoline, motor fuels, and special fuels, referred to as "motor fuel taxes", to ensure
compliance with the laws and regulations and adequacy of internal controls to ensure all of the
following:
(1)That the avails of the motor fuels tax are used in accordance with their restricted purposes
as set forth in the state constitution.
(2)That the avails of the motor fuels tax are spent in appropriate categories as outlined in
proposed law and present law.
(3)That the avails of the motor fuels tax are spent on projects in compliance with the priorities
set forth in the applicable programs for prioritizing capital projects.
(4)That the avails of the motor fuels tax are spent in an efficient and effective manner showing
improvement in program operations through performance measures such as pavement
conditions, bridge conditions, safety improvements, implementation of the La. Statewide
Transportation Plan, and other outcome measures as determined by the auditor.
Proposed law requires DOTD to annually submit a report to the legislature and the legislative auditor
which contains detailed information regarding the expenditure breakdown of the avails of the motor
fuel taxes utilized by the department in accordance with the restricted purposes as set forth in the
state constitution and the methodology and outcomes of DOTD's prioritization of projects, and all
source documentation necessary to review any metrics determined by the legislative auditor.
Proposed law provides for a detailed breakdown of additional information the report is required to
include.
Proposed law requires the auditor to annually certify that the audit of the avails of the motor fuels
tax are in substantial compliance. Proposed law specifies that if the legislative auditor finds a lack
of substantial compliance with any three consecutive audits, then the Legislative Audit Advisory
Council is required to make recommendations of appropriate action to the legislature.
(Amends R.S. 48:229.1(B) and (C); Adds R.S. 48:229.1(A)(9), (10), and (11), and 229.2)