RÉSUMÉ DIGEST
ACT 325 (HB 545) 2021 Regular Session Hughes
Existing law (R.S. 48:196) requires monies appropriated from the State Highway
Improvement Fund to be used exclusively by the Dept. of Transportation and Development
(DOTD) for funding projects that are ineligible for federal highway funding assistance based
on the road being a part of the state highway system but not a part of the federal system.
Further requires these projects to include, but not be limited to, design, preventive
maintenance, rehabilitation, restoration, and improvement of the state-maintained system of
roads. Additionally, authorizes these monies to be used to complete all of the
preconstruction activities such as planning, survey, design, engineering, right-of-way
acquisition, and utility relocations associated with such projects.
New law further authorizes the use of fund monies to compensate a parish or municipal
governing authority for the acceptance of ownership of any road on the state highway system
that is not a part of the federal system under existing law.
Existing law (R.S. 48:224.1) authorizes the secretary of DOTD, upon request by a parish or
municipality indicating its conditions, willingness, and desire to incorporate into the parish
or municipal road system a road on the state highway system and to assume the maintenance
thereof and with the approval of a majority of the legislative delegation from the parish or
municipality, to transfer the road from the state highway system to the parish or municipal
road system. New law provides that DOTD may execute a transfer to or exchange agreement
with any parish or municipality.
Existing law authorizes DOTD to provide a thing of value as a condition of such a transfer,
including but not limited to credits towards future construction projects, payment of funds,
or satisfaction of debt owed to the department. Requires that the thing of value be equal to
the amount of the present value of the 40 year projected future maintenance cost of the road
to be transferred and may be funded by DOTD as a capital project. Requires any condition
of transfer to be reduced to writing by the parties.
New law further authorizes funds transferred to a parish or municipality as part of a transfer
of a road to be expended on any activity authorized by existing law for use of Parish
Transportation Fund monies.
Existing law (R.S. 48: 752) requires the state treasurer to credit to the Parish Transportation
Fund the following:
(1)All monies made available for road purposes from funds annually appropriated by the
legislature according to the Transportation Trust Fund provided by existing
constitution.
(2)Any other funds available for use for parish transportation in accordance with
legislative appropriation.
New law further requires the state treasurer to credit to the Parish Transportation Fund any
compensation made available by DOTD directly to a parish or municipal governing authority
for acceptance of ownership of any road on the state highway system. Requires such
compensation to be in excess of any funding distributed pursuant to existing law.
Effective upon signature of governor (June 14, 2021).
(Amends R.S. 48:196(C), 224.1(A), and 752(intro. para.); Adds R.S. 48:752(3))