Louisiana 2023 2023 Regular Session

Louisiana Senate Bill SB132 Comm Sub / Analysis

                    RDCSB132 416 3410
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)]
SB 132 Engrossed 2023 Regular Session	Reese
Present law requires the division of administration (DOA), in order to exercise supervision
over the expenditure of funds and the construction of projects in the capital outlay budget
to administer and enforce the provisions of the capital outlay budget adopted by the
legislature, to formulate necessary rules and forms for the enforcement of the capital outlay
budget, to expend funds for the construction of projects, to supervise construction, approve
estimates, and select and employ engineers, architects, and other personnel necessary in
connection with the administration of contracts for projects, and to schedule the funding of
projects in the event that there are more projects ready for funding than there are funds
available at that time from the proceeds of the sale of bonds if such bonds are not sold at one
time.
Proposed law retains present law but adds authority for DOA to delegate administration of
projects, through the office of facility planning and control (FP&C), to a state agency or
higher education management board through the approval and execution of a cooperative
endeavor agreement (CEA) for the planning, design, bidding, contracting, construction, and
management of projects.  Proposed law further authorizes FP&C to delegate administration
of projects to a state agency or higher education management board through the approval and
execution of a CEA for the planning, design, bidding, contracting, construction, and
management of projects.
Present law authorizes a university, higher education facility, or consortium to undertake any
new construction, maintenance, or repair project not exceeding $5,000,000 solely funded
from self-generated revenues, grants, donations, or local or federal funds without being
included in the Capital Outlay Bill provided the project is approved by the appropriate
governing board or management board; the Board of Regents; the division of administration,
office of facility planning and control; and the Joint Legislative Committee on the Budget. 
Proposed law increases the maximum threshold from $5,000,000 to $10,000,000 and
otherwise retains present law. 
Present law authorizes minor repairs, renovations, or construction of buildings to be
undertaken by an agency without being included in the capital outlay budget if expenditures
for these undertakings do not exceed $150,000 cumulatively per agency per fiscal year and
the expenditures are first approved by the commissioner of administration and the Joint
Legislative Committee on the Budget (JLCB).
Proposed law changes present law by increasing the maximum costs for these undertakings
from $150,000 to $250,000.  Proposed law removes the cumulative per agency, per fiscal
year limitation for these expenditures and removes the requirement that the expenditures for
these repairs be first approved by the commissioner of administration and JLCB.
Effective August 1, 2023.
(Amends R.S. 39:128(B)(4)(a)(i) and (C); Adds R.S. 39:121(8) and (9))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the
engrossed bill:
1. Add authority for DOA to delegate the administration of projects through FP&C
to a state agency or higher education management board through the approval
and execution of a CEA for the planning, design, bidding, contracting,
construction, and management of projects. RDCSB132 416 3410
2. Add authority for FP&C to delegate administration of projects to a state agency
or higher education management board through the approval and execution of a
CEA for the planning, design, bidding, contracting, construction, and
management of projects.
3. Increase the maximum costs an agency may incur to undertake repairs,
renovations, or construction of projects not included in the capital outlay budget 
from $150,000 to $250,000 and remove the cumulative per agency, per fiscal
year limitation for these expenditures and the requirement that the expenditures
for these repairs be first approved by the commissioner of administration and
JLCB.