HLS 24RS-719 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 685
BY REPRESENTATIVE WRIGHT
PORTS/HARBORS/TERMINALS: Provides relative to the creation of Louisiana Port
Multimodal Council
1 AN ACT
2To amend and reenact R.S. 34:3451(2), 3452 through 3454, 3455(A), 3456(A),
3 3457(A)(introductory paragraph), 3457.1, 3458(B), 3459 through 3461, 3471(1),
4 3472 through 3476, 3477(B), and 3479 through 3481 and R.S. 36:508.3(A)(1), to
5 enact Chapter 53 of Title 34 of the Louisiana Revised Statutes of 1950, to be
6 comprised of R.S. 34:5221 through 5224, and R.S. 36:509(F)(3), and to repeal R.S.
7 34:3471(4) and R.S. 36:508.3(D)(2), relative to Louisiana ports; to create the
8 Louisiana Port Multimodal Council; to provide for powers, duties, functions, and
9 governance of the council; to provide for transfer of certain powers, duties,
10 functions, and resources from the Department of Transportation and Development
11 to the Louisiana Port Multimodal Council; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Chapter 53 of Title 34 of the Louisiana Revised Statutes of 1950,
14comprised of R.S. 34:5221 through 5224 is hereby enacted to read as follows:
15 CHAPTER 53. LOUISIANA PORT MULTIMODAL COUNCIL
16 §5221. Creation; purpose
17 A. The Louisiana Port Multimodal Council, hereafter in the Chapter referred
18 to as the "council", is hereby created within the Department of Transportation and
19 Development. The domicile of the council is East Baton Rouge Parish.
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1 B. The council is created to serve as an advocate for all of the state's ports
2 multimodal interests; to articulate a vision for the future of the state's ports and
3 multimodal commerce through development of a master plan for such development;
4 to provide focus and coordination for the state's efforts to attract international trade
5 to the state's ports; to set funding over all priorities for the development and growth
6 of the state's ports and its water transportation system; and to leverage the financing
7 capacity of the state's ports through coordinated financing arrangements, all as more
8 specifically provided for by this Chapter.
9 §5222. Board of directors
10 A. The council shall be governed by a board of directors, which is solely
11 responsible for setting policy and managing the activities of the council.
12 B. The board is composed of the following members:
13 (1) The commissioner of Ports Multimodal Commerce, who shall serve as
14 chairman of the board.
15 (2) The secretary of the Department of Transportation and Development or
16 his designee.
17 (3) The secretary of the Department of Economic Development or his
18 designee.
19 (4) The commissioner shall appoint three members from a single list of six
20 nominations submitted by Louisiana ports. Members appointed pursuant to this
21 Paragraph serve at the pleasure of the commissioner.
22 C. The board shall elect two members of the legislature, one from the House
23 of Representatives and one from the Senate one member will represent trucking, and
24 the other member will represent railroads respectively.
25 D. A majority of the members of the board shall constitute a quorum for the
26 transaction of business and all official action of the board shall require the favorable
27 vote of a majority of the members of the board.
28 E. The board shall adopt rules for the transaction of its business and shall
29 keep an accurate record of all of its proceedings and official actions. All papers,
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1 documents, and records pertaining to the board shall be filed at the domicile of the
2 board.
3 §5223. Powers and duties of the council
4 A. The council shall:
5 (1) Represent the public interest in the administration of this Chapter and
6 shall be responsible to the governor, the legislature, and the public therefor.
7 (2) In accordance with the Administrative Procedure Act, make, alter,
8 amend, and promulgate rules and regulations necessary for the administration of the
9 functions of the council.
10 (3) Organize, plan, supervise, direct, administer, execute, and be responsible
11 for the functions and programs vested in the council, in the manner and to the extent
12 provided by this Chapter.
13 (4) Advise the governor on problems concerning the administration of the
14 council and the functions and operations of Louisiana ports.
15 (5) Make reports and recommendations on its own initiative or upon the
16 request of the governor, the legislature, or any committee or member thereof.
17 (6) On an annual basis, compile and provide all information necessary for
18 confecting an annual budget.
19 B. The council may:
20 (1) Employ, appoint, remove, assign, and promote such personnel as is
21 necessary for the efficient administration of the council and the performance of its
22 powers, duties, functions, and responsibilities.
23 (2) Accept and use, in accordance with law, gifts, grants, bequests, and
24 endowments for purposes consistent with the responsibilities and functions of the
25 council and take such actions as are necessary to comply with any conditions
26 required for such acceptance.
27 (3) Issue bonds and incur debt on behalf of a Louisiana port.
28 (4) Do such other things, not inconsistent with law, as are necessary to
29 perform properly the functions vested in it.
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1 §5224. Master plan
2 A.(1) The board shall, in accordance with the procedures set forth in this
3 Section, develop a master plan for coordinated port development and growth. In
4 addition, the board, in accordance with the procedures set forth in this Section, shall
5 review, revise, and amend the master plan when necessary or, at a minimum, every
6 four years.
7 (2) The master plan shall include requests for funding of projects and
8 programs related to port development. The annual plan shall include at least a
9 three-year projection of funding of projects and programs, including but not limited
10 to relevant public or private funding sources.
11 B. The board shall develop the master plan in accordance with the following
12 procedure:
13 (1) The board shall conduct not less than three public hearings in separate
14 locations at three ports in different regions for the purpose of receiving comments
15 and recommendations from the public and elected officials. The board shall conduct
16 a round of such hearings every other year to receive comments on the effectiveness
17 of the existing plan and proposals for revisions to the plan.
18 (2) After adoption of a plan or revisions to a plan, the board shall submit the
19 plan or revisions to the House Committee on Transportation, Highways and Public
20 Works and the Senate Committee on Transportation, Highways, and Public Works
21 for review and comment. The committees, acting individually or jointly, shall have
22 sixty days in which to hold a hearing on the proposed plan or revisions.
23 (3) The board shall consider any recommendations made by either
24 committee that were adopted at a meeting of the committee and incorporate such
25 recommendations as it deems appropriate.
26 (4) The board shall submit the plan or revisions to the Louisiana Board of
27 International Commerce. Any plan or revisions shall become effective only upon
28 approval of the Louisiana Board of International Commerce by formal action at a
29 public hearing.
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1 C. The master plan shall include but not be limited to the following:
2 (1) A list of projects and programs intended to enhance trade utilizing
3 Louisiana ports.
4 (2) A schedule and estimated cost for the implementation of each project or
5 program.
6 Section 2. R.S. 34:3451(2), 3452 through 3454, 3455(A), 3456(A),
73457(A)(introductory paragraph), 3457.1, 3458(B), 3459 through 3461, 3471(1), 3472
8through 3476, 3477(B), and 3479 through 3481 are hereby amended and reenacted to read
9as follows:
10 §3451. Definitions
11 As used in this Chapter, unless the context clearly indicates otherwise, the
12 following definitions shall apply:
13 * * *
14 (2) "Department" means the Department of Transportation and
15 Development. "Council" means the Louisiana Port Multimodal Council.
16 * * *
17 §3452. Methodology for port project evaluation
18 A.(1) Applications for funding of any port construction or development
19 project may be submitted by any port council on a quarterly basis, except as provided
20 in R.S. 34:3456. Applications shall be submitted to the department council no later
21 than the first of March, June, September, and December of each calendar year for
22 consideration of funding or funding obligation council in the following fiscal years.
23 Applications submitted in accordance with the provisions of this Chapter shall be
24 subject to the provisions of R.S. 39:101 through 128. Information to be provided in
25 the application shall include but not be limited to the following:
26 (a) Description of the project and demonstration of immediate need for the
27 project.
28 (b) Preliminary project design and cost estimate.
29 (c) Description of project area.
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1 (2) Project applications shall not be subjected to formal review and
2 evaluation until the information required in the application has been submitted.
3 B. Applications shall be reviewed by the department council and any other
4 appropriate state agencies within sixty days after receipt of such applications by the
5 department council.
6 C. Procedures for review and evaluation shall be developed by the
7 department council. Prior to implementing the review and evaluation procedures,
8 the department council shall secure the approval of these procedures by the joint
9 committee in accordance with the Administrative Procedure Act. The procedures
10 and a set of guidelines for completing project applications shall be made available
11 to eligible port authorities upon request.
12 D. The department council may contract with the Louisiana State University
13 Ports and Waterways Institute for any of the duties associated with the development
14 of the port priority program, including but not limited to the development, review,
15 and evaluation of plans and specifications, and the development of the port priority
16 program list. However, development of and authority over the final determination
17 of the port priority list shall remain with the department council and the joint
18 committee as provided in this Chapter.
19 E. The department council shall insure that an inventory is maintained of
20 ports, navigable waterways, and water transportation facilities, public and private,
21 with respect to their location, capacities, and capabilities and serve as a
22 clearinghouse for inquiries for ports and waterways information, data, and technical
23 and research assistance.
24 F. The department council shall have prepared each year a summary report
25 containing projections of state, federal, local, and private financial requirements for
26 expanding or renovating existing ports and waterways facilities, constructing new
27 ones, and maintaining these facilities.
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1 §3453. Priority list of projects; public hearings; final program
2 Each quarter, the department council shall prepare and shall furnish a
3 prioritized list of projects, based on the applications received by the department
4 council during that quarter, to the joint committee. The joint committee shall receive
5 the prioritized list of projects from the department council for each of the first three
6 quarters of the year, and shall call a public hearing within thirty days of receiving the
7 list in order to receive public testimony regarding any project on the list. At such
8 hearing, the joint committee shall vote to either accept, reject, or modify the list.
9 Each quarter, the department council shall reprioritize the list of projects to reflect
10 the cumulative list of projects recommended by the department council. After
11 application recommendations for the last quarter are made by the department
12 council, the department council shall submit the final port construction and
13 development priority program for the ensuing fiscal year to the joint committee for
14 approval. Prior to the convening of the regular session of the legislature, the joint
15 committee shall hold a public hearing for the purpose of reviewing the final program
16 for the ensuing fiscal year. Prior to such hearing, the department council shall
17 publish the appropriate official notice in the necessary journals. The final program
18 shall be based upon the anticipated revenues to be appropriated by the legislature or
19 other funding obligation authority and the projects shall be listed in order of priority.
20 When this final construction program is presented to the legislature for funding or
21 funding obligation authority for the ensuing fiscal year, the legislature shall not add
22 any projects to this final construction program. Any project recommended by the
23 department council and approved by the joint committee but for which funds are
24 unavailable in the fiscal year for which it was approved shall remain on the
25 prioritized list of projects and shall be carried forward to the next fiscal year. Such
26 project shall retain its place on the prioritized list of projects and shall receive a
27 higher priority over newly recommended projects in the next fiscal year.
28 §3454. Supplemental list of projects
29 The department council also shall provide to the joint committee annually a
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1 supplemental list of projects proposed to be commenced or authorized within the
2 ensuing four years which are in various stages of planning and preparation. The
3 supplemental list shall be subject to change by the department council until the
4 department council finally approves each project for construction.
5 §3455. Projects undertaken by the department council
6 A. After adoption of the department's council's recommendations by the joint
7 committee, the approved list of projects shall be forwarded to the department council
8 for implementation. The approved list shall be implemented by the department
9 council by the use of funds appropriated, funding obligation authority, or pursuant
10 to the cash management program as provided by R.S. 48:251(D). Funding or funding
11 obligation authority shall be allocated to projects in accordance with the prioritized
12 list of projects approved by the joint committee. Funding obligation authority may
13 be granted or authorized for a project from funds appropriated or obligated for
14 another project or projects within the Port Priority Construction and Development
15 Program provided that such authority does not impede such project or projects. Such
16 funding obligation authority shall be extinguished for a project at such time as funds
17 are made available for obligation for the project. The department council shall not
18 delete, add, or substitute any projects for those approved by the joint committee,
19 except as provided in R.S. 34:3456; however, the secretary of the department
20 commissioner of multimodal commerce may, at his discretion, authorize projects to
21 be undertaken and financed due to an emergency out of the secretary's emergency
22 fund funds.
23 * * *
24 §3456. Commencement of projects; substitutions; Port of New Orleans
25 A. The projects planned for the year for which appropriations have been
26 made or which have funding obligation authority shall be commenced in that year;
27 however, if a project cannot be commenced within the year for which it is
28 authorized, the secretary of the department commissioner multimodal commerce
29 shall file with the project records a public statement as to the factors causing the
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1 delay, and the next priority project shall be substituted therefor. When the delaying
2 factors have been overcome, the delayed project shall be placed in the highest
3 priority for the next ensuing fiscal year. Projects which have been funded or which
4 have obligation authority shall retain such funding or authority until the project is
5 completed and the project costs are liquidated.
6 * * *
7 §3457. Allocation, reallocation of funds; deposit to Transportation Trust Fund
8 A. The Transportation Trust Fund shall be the source of state funds provided
9 for any port project on the priority list approved pursuant to the provisions of this
10 Chapter. Prior to the commencement of any work, the department council shall
11 require the presiding officer of each port authority involved in a project to execute
12 an agreement and statement of sponsorship to provide a ten percent local match for
13 the cost of construction of the project including the cost of any items stipulated under
14 the provisions of Paragraph (1) of this Subsection. The department council shall
15 further stipulate that such agreement include but not be limited to the following:
16 * * *
17 §3457.1. Reimbursement for project construction
18 A sponsoring port authority may make application under the provisions of
19 this Chapter to utilize its own funds for project construction and to be reimbursed by
20 the Port Construction and Development Priority Program provided that all program
21 criteria are met in accordance with the provisions of this Chapter, the project is listed
22 in the recommended construction program, and all program criteria are met in
23 accordance with the program's "Procedural Manual for Funded Projects" and the
24 rules and regulations promulgated by the department council to implement the
25 provisions of this Chapter.
26 §3458. Preparation of plans and specifications; letting of bids for construction;
27 supervision of construction
28 * * *
29 B. For port authorities located in a parish with a population of less than fifty
30 thousand persons, the department council may prepare the necessary plans and
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1 specifications, may let the contract for bid, and may supervise the construction of the
2 project.
3 §3459. Inspection
4 A. The department council shall approve the engineering and construction
5 plans for any proposed projects that are prepared by consultant or contract engineers
6 for any recipient port authority. The department council may inspect the
7 construction of a project at any time to assure project compliance.
8 B. The department council shall inspect a complete project with the
9 consultant or contract engineer. The engineer shall certify that construction is in
10 accordance with plans and specifications. The department council may inspect a
11 completed project at any time to assure that the project is being maintained in
12 accordance with project specifications and agreements.
13 §3460. System of administration
14 Each recipient authority shall adopt a system of administration which shall
15 require approval of the department council for any expenditures made out of state
16 and local matching funds, and no recipient authority shall expend any funds without
17 the approval of the department council. Each recipient authority shall adopt a system
18 of administration which shall include the development of a capital improvement
19 program on a selective basis, centralized purchasing of equipment and supplies,
20 centralized accounting, and selective maintenance and construction based upon
21 engineering plans and inspections. Funds appropriated for a project shall not be
22 expended for any other purpose. All contracts for materials, construction, or services
23 shall be advertised and awarded to the lowest responsible bidder in accordance with
24 the provisions of R.S. 38:2212. However, a port may utilize the design-build method
25 as permitted by R.S. 34:3523 for any port priority project that a notice of intent is
26 advertised for in accordance with R.S. 34:3523 prior to December 31, 2015.
27 §3461. Audit of distribution to recipient port authorities
28 The state monies distributed to the recipient authorities and the local
29 matching funds shall be audited by the legislative auditor or a certified public
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1 accountant at least biennially pursuant to R.S. 24:513(A) and shall issue and
2 distribute all audit reports pursuant to R.S. 24:516(A). To the extent that funds
3 available to the legislative auditor permit, the audits of each recipient port authority
4 of the use of the monies shall include an investigation of any failure to comply with
5 the recommendations for planning, design, and construction adopted by the
6 department council. The recipient port authority shall certify annually to the
7 legislative auditor that the funds made available under this Chapter have been
8 expended in accordance with the standards established by law.
9 * * *
10 §3471. Definitions
11 As used in this Chapter, unless the context clearly indicates otherwise, the
12 following definitions shall apply:
13 (1) "Department" means the Department of Transportation and
14 Development. "Council" means the Louisiana Port Multimodal Council.
15 * * *
16 §3472. Methodology for dredging and deepening project evaluation
17 A.(1) Applications for funding of any waterway project may be submitted
18 by any governmental entity on a quarterly basis, except as provided in R.S. 34:3476.
19 Applications shall be submitted to the office council no later than the first of March,
20 June, September, and December of each calendar year for consideration of funding
21 or funding obligation authority in the following fiscal years. Applications submitted
22 in accordance with the provisions of this Chapter shall be subject to the provisions
23 of R.S. 39:101 through 128. Information to be provided in the application shall
24 include but not be limited to the following:
25 (a) Description of the project and demonstration of immediate need for the
26 project.
27 (b) Preliminary project design and cost estimate.
28 (c) Description of project area.
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1 (2) Project applications shall not be subject to formal review and evaluation
2 until the information required in the application has been submitted.
3 B. Applications shall be reviewed by the office council and any other
4 appropriate state agencies within sixty days after receipt of such applications by the
5 office council.
6 C. Procedures for review and evaluation shall be developed by the office
7 council. Prior to implementing the review and evaluation procedures, the office
8 council shall secure the approval of these procedures by the oversight committees
9 in accordance with the Administrative Procedure Act. The procedures and a set of
10 guidelines for completing project applications shall be made available to eligible
11 governmental entities upon request.
12 D. The office council may contract for any of the duties associated with the
13 development of the waterway dredging and deepening priority program, including
14 but not limited to the development, review, and evaluation of plans and
15 specifications, and the development of the waterway dredging and deepening priority
16 program list. However, development of and authority over the final determination
17 of the waterway dredging and deepening priority list shall remain with the
18 department council and the joint committee as provided in this Chapter.
19 E. The office council shall insure that an inventory is maintained of
20 waterways, public and private, with respect to their location, capacities, and
21 capabilities and serve as a clearinghouse for inquiries for waterways information,
22 data, and technical and research assistance.
23 F. The office council shall have prepared each year a summary report
24 containing projections of state, federal, local, and private financial requirements for
25 dredging and deepening waterways.
26 §3473. Priority list of projects; public hearings; final program
27 Each quarter, the office council shall prepare and furnish to the joint
28 committee a prioritized list of projects based on the applications received by the
29 office council during that quarter. The joint committee shall receive the prioritized
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1 list of projects from the office council for each of the first three quarters of the year,
2 and shall call a public hearing within thirty days of receiving the list in order to
3 receive public testimony regarding any project on the list. At such hearing, the joint
4 committee shall vote to either accept, reject, or modify the list. Each quarter, the
5 office council shall reprioritize the list of projects to reflect the cumulative list of
6 projects recommended by the office council. After application recommendations for
7 the last quarter are made by the office council, the office council shall submit the
8 final waterway dredging and deepening priority program for the ensuing fiscal year
9 to the joint committee for approval. Prior to the convening of the regular session of
10 the legislature, the joint committee shall hold a public hearing for the purpose of
11 reviewing the final program for the ensuing fiscal year. Prior to such hearing, the
12 office council shall publish the appropriate official notice on the department's
13 council's website. The final program shall be based upon the anticipated revenues
14 to be appropriated by the legislature or other funding obligation authority and the
15 projects shall be listed in order of priority. When this final construction program is
16 presented to the legislature for funding or funding obligation authority for the
17 ensuing fiscal year, the legislature shall not add any projects to this final construction
18 program. Any project recommended by the office council and approved by the joint
19 committee for which funds are unavailable in the fiscal year but for which it was
20 approved shall remain on the prioritized list of projects and shall be carried forward
21 to the next fiscal year.
22 §3474. Supplemental list of projects
23 The office council also shall provide to the joint committee annually a
24 supplemental list of projects proposed to be commenced or authorized within the
25 ensuing four years which are in various stages of planning and preparation. The
26 supplemental list shall be subject to change by the office council until the office
27 council finally approves each project.
28 §3475. Projects undertaken by the office council
29 A. After adoption of the office council's recommendations by the joint
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1 committee, the approved list of projects shall be forwarded to the office council for
2 implementation. The approved list shall be implemented by the office council by the
3 use of funds appropriated, funding obligation authority, or pursuant to the cash
4 management program as provided by R.S. 48:251(D). Funding or funding obligation
5 authority shall be allocated to projects in accordance with the prioritized list of
6 projects approved by the joint committee. Funding obligation authority may be
7 granted or authorized for a project from funds appropriated or obligated for another
8 project or projects within the Waterway Dredging and Deepening Priority Program
9 provided that such authority does not impede such project or projects. Such funding
10 obligation authority shall be extinguished for a project at such time as funds are
11 made available for obligation for the project. The office council shall not delete,
12 add, or substitute any projects for those approved by the joint committee, except as
13 provided in R.S. 34:3476.
14 B. No waterway project shall be undertaken by the office council except
15 those included in the approved program listing which are funded or which have
16 funding obligation authority for that fiscal year.
17 §3476. Commencement of projects; substitutions
18 The projects planned for the year for which appropriations have been made
19 or which have funding obligation authority shall be commenced in that year;
20 however, if a project cannot be commenced within the year for which it is
21 authorized, the commissioner of the office ports and multimodal commerce shall file
22 with the project records a public statement as to the factors causing the delay.
23 Projects which have been funded or which have obligation authority shall retain such
24 funding or authority until the project is completed and the project costs are
25 liquidated.
26 §3477. Allocation, reallocation of funds; deposit to Dredging and Deepening Fund
27 * * *
28 B. Prior to the commencement of any work, the office council shall require
29 the presiding officer of each governmental entity involved in a project to execute an
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1 agreement and statement of sponsorship to provide no less than a ten percent local
2 match for the cost of the project.
3 * * *
4 §3479. Inspection
5 A. The office council shall approve the engineering and construction plans
6 for any proposed projects that are prepared by consultant or contract engineers for
7 any recipient governmental entity. The office council may inspect the construction
8 of a project at any time to assure project compliance.
9 B. The office council shall inspect a completed project with the consultant
10 or contract engineer. The engineer shall certify that construction is in accordance
11 with plans and specifications. The office council may inspect a completed project
12 at any time to assure that the project is being maintained in accordance with project
13 specifications and agreements.
14 §3480. System of administration
15 Each governmental entity shall adopt a system of administration which shall
16 require approval of the office council for any expenditures made out of state and
17 local matching funds, and no governmental entity shall expend any funds on an
18 approved project without the approval of the office council. Each governmental
19 entity shall adopt a system of administration which shall include the development of
20 a capital improvement program on a selective basis, centralized purchasing of
21 equipment and supplies, centralized accounting, and selective maintenance and
22 construction based upon engineering plans and inspections. All contracts for
23 materials, construction, or services shall be advertised and awarded to the lowest
24 responsible bidder in accordance with the provisions of R.S. 38:2212.
25 §3481. Audit of distribution to recipient governmental entities
26 The state monies distributed to the governmental entity and the local
27 matching funds shall be audited by the legislative auditor or a certified public
28 accountant at least biennially pursuant to R.S. 24:513(A) and shall issue and
29 distribute all audit reports pursuant to R.S. 24:516(A). To the extent that funds
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1 available to the legislative auditor permit, the audits of each recipient governmental
2 entity of the use of the monies shall include an investigation of any failure to comply
3 with the recommendations for planning, design, and construction adopted by the
4 office council. The recipient governmental entity shall certify annually to the
5 legislative auditor that the funds made available under this Chapter have been
6 expended in accordance with the standards established by law.
7 Section 3. R.S. 36:508.3(A)(1) is hereby amended and reenacted and R.S.
836:509(F)(3) is hereby enacted to read as follows:
9 §508.3. Office of multimodal commerce; functions; commissioner; deputy
10 commissioner; powers and duties
11 A.(1) There is hereby created within the Department of Transportation and
12 Development, the office of multimodal commerce, which shall administer the
13 planning and programming functions of the department related to strategic and
14 intermodal issues, aviation, commercial trucking, intercity public mass transit,
15 railroad expansion and development, port and water transportation systems, and
16 related matters, and any other special programs as may be directed by the governor.
17 * * *
18 §509. Transfer of agencies to Department of Transportation and Development
19 * * *
20 F. The following agencies are placed within the Department of
21 Transportation and Development and shall perform and exercise their powers, duties,
22 functions, and responsibilities in accordance with the provisions of R.S. 36:801.1:
23 * * *
24 (3) Louisiana Port Multimodal Council (R.S. 34:5221 et seq.)
25 Section 4. R.S. 34:3471(4) and R.S. 36:508.3(D)(2) are hereby repealed in their
26entirety.
27 Section 5. The governor shall appoint members of the board as required by this Act
28no later than September 1, 2024, and the governor or his designee shall call the first meeting
29of the board for a date no later than July, 1, 2025.
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1 Section 6. It is the intention of the legislature that personnel and resources of the
2Department of Transportation and Development engaged in or dedicated to functions
3transferred to the Louisiana Port Multimodal Council by this Act will also be transferred to
4the council.
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 685 Original 2024 Regular Session Wright
Abstract: Creates the La. Port Multimodal Council (LPMC).
Proposed law creates the LPMC to serve as an advocate for all of the state's ports, to
articulate a vision for the future of the state's ports through development of a master plan for
such development, to provide focus and coordination for the state's efforts to attract
international trade to the state's ports, to set funding priorities for the development and
growth of the state's ports and its water transportation system, and to leverage the financing
capacity of the state's ports through coordinated financing arrangements.
Proposed law provides for governance of the council by a board of directors composed of
the following members:
(1)The commissioner of multimodal commerce, will serve as chairman of the board.
(2)The secretary of the Dept. of Transportation and Development (DOTD) or his
designee.
(3)The secretary of the Dept. of Economic Development or his designee.
(4)The commissioner shall appoint three members from a single list of six nominations
submitted by La. ports. Such appointees serve at the pleasure of the commissioner.
Proposed law provides that the council shall:
(1)Represent the public interest in the administration of proposed law.
(2)Promulgate rules and regulations necessary for the administration of the functions
of the council.
(3)Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the council.
(4)Advise the commissioner on problems concerning the administration of the council
and the functions and operations of La. ports.
(5)Make reports and recommendations.
(6)Compile and provide all information necessary for confecting an annual budget.
Proposed law provides that the council may:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-719 ORIGINAL
HB NO. 685
(1)Employ personnel as necessary.
(2)Accept and use, in accordance with law, gifts, grants, bequests, and endowments for
purposes consistent with the responsibilities and functions of the council and take
such actions as are necessary to comply with any conditions required for such
acceptance.
(3)Issue bonds and incur debt on behalf of a La. port.
(4)Do such other things, not inconsistent with law, as are necessary to perform properly
the functions vested in it.
Proposed law requires the board to develop a master plan for coordinated port development
and growth and to review, revise, and amend the master plan when necessary, at least every
four years. Provides for review of the plan and proposed revisions by the legislative
transportation committees and for approval of the plan and proposed revisions by the Bd. of
International Commerce.
Present law creates the Port Construction and Development Priority Program and the
Waterway Dredging and Deepening Priority Program. Both programs are managed and
implemented by DOTD.
Proposed law retains present law except to transfer responsibility for the programs to the
LPA.
Present law creates the office of multimodal commerce within DOTD to administer the
planning and programming functions of the department related to strategic and intermodal
issues, aviation, commercial trucking, intercity public mass transit, railroad expansion and
development, port and water transportation systems, and related matters.
Proposed law retains present law except to remove responsibility for port and water
transportation systems from the office.
Proposed law expresses intention of the legislature that personnel and resources of DOTD
engaged in or dedicated to functions transferred to the LPA by proposed law will also be
transferred to the council.
(Amends R.S. 34:3451(2), 3452-3454, 3455(A), 3456(A), 3457(A)(intro. para.), 3457.1,
3458(B), 3459-3461, 3471(1), 3472-3476, 3477(B), and 3479-3481 and R.S. 36:508.3(A)(1);
Adds R.S. 34:5221-5224 and R.S. 36:509(F)(3); Repeals R.S. 34:3471(4) and R.S.
36:508.3(D)(2))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.