The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 496 Original 2018 Regular Session Ward
Proposed law states legislative findings that it is a matter of public necessity to create the Capital
Region Infrastructure Authority (the authority), to pursue alternative funding sources, and to
improve, expand, and maintain the region's highway, bridge, and transportation facilities, including
a new bridge across the Mississippi River within the authority's boundaries.
Proposed law creates the authority with jurisdiction coextensive with the parishes of East Baton
Rouge, West Baton Rouge, Iberville, Ascension, and Livingston, domiciled in East Baton Rouge
Parish, and possessing power related to any limited access tollway within its jurisdiction.
Proposed law creates the authority's board of commissioners (the board), composed of five members,
as follows:
(1)One member appointed by the East Baton Rouge Parish Metropolitan Council.
(2)One member appointed by the West Baton Rouge Parish Council.
(3)One member appointed by the Iberville Parish Council.
(4)One member appointed by the Ascension Parish Council.
(5)One member appointed by the Livingston Parish Council.
Proposed law provides that appointed commissioners shall serve two-year terms, shall serve until
their successors are appointed and sworn in, and may be removed from office by their appointing
authority. Provides that a majority of board members shall constitute a quorum and that official
actions require an affirmative vote of a majority of commissioners present and voting. Provides that
they shall not receive any salary, but that appointed members may be reimbursed for travel. Requires
quarterly and permits more frequent meetings upon the chairman's call or by vote of the majority of
the board. Subjects the board to existing law requirements relative to governmental ethics. Permits
the board to perform or procure from DOTD with the department secretary's consent or from others
the services necessary to fulfill board or authority duties. Requires board compliance with public
records and open meetings laws. Authorizes the authority, through the board, to construct projects.
Defines "project" as a capital project pursuant to new law for acquisition of real property,
construction, reconstruction, improvement, extension, installation, development, landscaping, or
operation of a highway, bridge, or both, or a transportation facility. Permits the conduct of an
economic feasibility study prior to project initiation. Requires the DOTD to serve in an advisory
capacity to the board. Proposed law provides the following rights and powers for the board:
(1)To adopt rules and regulations.
(2)To adopt, use, and alter at will an official seal.
(3)To provide for projects and to pay project costs.
(4)To sue and be sued in its own name.
(5)To impose, revise, and adjust tolls, fees, and charges in connection with projects sufficient
to pay all project costs.
(6)To regulate speed limits consistent with state speed limits.
(7)To contract with any entity desiring the use of any part of a project and to fix related terms
and conditions.
(8)To acquire, hold, and dispose of real and personal property.
(9)To acquire public or private lands in the authority's name, including the power of eminent
domain.
(10)To hold, sell, assign, lease, or otherwise dispose of real or personal property; release or
relinquish any right, title, claim, lien, interest, easement, or demand; take assignments of
leases and rentals; proceed with foreclosure actions; or take actions necessary or incidental
to the performance of its purposes.
(11)To establish control of access, designate the location, and establish, limit, and control points
of ingress and egress for each project and to prohibit entrance to such project, subject to
DOTD's prior written concurrence when the state highway system is affected.
(12)To relocate parish, municipal, or other public roads affected or severed by authority projects
with equal or better facilities at the authority's expense.
(13)To enter upon lands, waters, and premises within the authority's boundaries for authority
purposes provided that it shall reimburse any actual damages resulting to such areas; such
entry shall not be deemed a trespass or unlawful.
(14)To procure insurance in appropriate amounts that insures the authority against losses, risk,
and liability related to any project.
(15)To apply for, receive, and accept grants, loans, advances, and contributions from any source.
(16)To open accounts at financial institutions and invest funds held in reserves or sinking funds. (17)To borrow money and issue bonds.
(18)To enter contracts and agreements and execute instruments necessary or convenient for
authority purposes.
(19)To enter into agreements with a public or private entity for authority projects.
(20)To authorize the investment of public and private money to finance authority projects,
subject to compliance with state law.
(21)To employ individuals necessary for the accomplishment of authority purposes and to fix
their compensation. (Provides that the authority is not an instrumentality of the state for
purposes of civil service provisions of the constitution.)
(22)To exercise the power of eminent domain in accordance with existing law.
(23)To do all acts and perform things necessary or convenient to execute authority powers.
(24)To impose taxes, subject to voter approval, in connection with projects sufficient to pay all
project costs, maintenance, operation, debt service, reserve and replacement costs, and other
charges.
Proposed law authorizes the authority to acquire property and property rights for the transportation
corridor. Permits acquisition of an entire lot, block, or tract if the acquisition cost is equal or less
than that of the property necessary for the project. Authorizes the authority to sell, lease, or dispose
of a project or project portion, with DOTD approval if a state-designated project. Permits the sale
of surplus property. If acquired by eminent domain, the property must first be offered to the original
owner or his successors in title at the lesser of fair market value or the original price. When the
authority acquires property, provides it is not subject to liability imposed by preexisting conditions,
but such limitation does not affect the rights or liabilities of past or future property owners or the
liability of a governmental entity for actions that create or exacerbate a pollution source. Authorizes
the board and DEQ to enter into agreements for the investigative and remedial acts necessary for
property the authority has acquired. Requires contracts for projects to be made and awarded
according to state law. Authorizes the board to enter into contracts with state or local law
enforcement. Authorizes the authority to issue bonds and pledge revenue for the payment of their
principal and interest that shall not be deemed a pledge of the full faith and credit of the state and
which issuance shall not obligate the state or any of its governmental units to provide for their
payment. Otherwise provides for such bonds and their issuance. Provides that bonds, their transfer,
and related income shall be exempt from state taxation and may be exempt from federal taxation.
Authorizes the board to provide for the issuance of refunding bonds and to employ professionals for
bond issuance. Provides that when bonds and interest have been paid in full and the project meets
DOTD standards, the project and related property may be transferred by the board in full ownership
to the state and that, is so transferred, DOTD shall assume control of the project as part of the state
highway system if the legislature authorizes the appropriate increase in state highway system
mileage. Provides that, in such case, in the discretion of the DOTD secretary, DOTD may continue to collect any toll or fee to maintain the project.
Effective August 1, 2018.
(Adds R.S. 48:2201-2211)