SB 115 — TRANSPORTATION/DEV DEPT: Provides for the Department of Transportation and Development to accept duties of the federal government. (8/1/26) (EN SEE FISC NOTE SD EX)

SLS 26RS-373 ENGROSSED Regular Session ENROLLED SENATE BILL NO.

115 BY SENATOR FOIL TRANSPORTATION/DEVAN DEPT.ACT ToenactR.S.48:212(E),relativetotheDepartmentofTransportationandDevelopmentand thefederalgovernment;toprovideforgivingauthoritytothedepartmenttotakeover dutiesofthefederalgovernment;toprovideforallowinglimitedlawsuitsagainstthe department;

Providesto provide for the Departmentdepartment of Transportation and Development to accept dutiesfunds offrom theany federal government.agency;

(8/1/26) AN ACT ToenactR.S.48:212(E),relativetotheDepartmentofTransportationandDevelopmentand thefederalgovernment;toprovideforgivingauthoritytothedepartmenttotakeover dutiesofthefederalgovernment;toprovideforallowinglimitedlawsuitsagainstthe department;

to provide for the department to accept funds from anyfederal agency;

The department may enter into any agreements with the federal government or with any federal agency, including memoranda of understanding, to assume responsibility of the United States Department of Transportation, pursuant to 23 USCU.S.C. 326 and 327 as authorized under the federal Moving Ahead for Progress in the 21st Century Act, the federal Safe, Accountable,Flexible,EfficientTransportationEquityAct:ALegacyforUsers, and the federal National Environmental Policy Act of 1969.

326 and 327 as authorized under the federal Moving Ahead for Progress in the 21st Century Act, the federal Safe, Accountable,Flexible,EfficientTransportationEquityAct:ALegacyforUsers, and the federal National Environmental Policy Act of 1969.

(1) State sovereign immunity under the Eleventh Amendment of the United States Constitution is waived for lawsuits in federal court, but only as required by 23 U.S.C.

326 and 327.

This waiver is limited solely to the compliance, discharge, or enforcement of responsibilities assumed by the department under these agreements and does not create any liability beyond federal law requirements.

(2)Thedepartmentmayadoptandpromulgateanyrulesandregulations necessaryto implement an agreement pursuant to this Subsection and to carry out any duties imposed by the agreement.

SLS 26RS-373 ENGROSSED SB NO.

115 (1)ENROLLED State(3) sovereignThe immunitydepartment undermay theaccept Eleventhand Amendmentmake expenditures of themoney Unitedreceivedfromthe States Constitution is waived for lawsuits in federal court,government butor onlyany asagencyof requiredby23USC326and327.Thiswaiverislimitedsolelytothecompliance,thefederalgovernment discharge,orenforcementofresponsibilitiesassumedbythedepartmentunderfor these agreements and does not create any liabilitytransportation beyondpurpose. federal law requirements.

(2)ThedepartmentmayadoptandpromulgateanyrulesandregulationsPRESIDENT necessarytoOF implementTHE anSENATE agreementSPEAKER pursuantOF toTHE thisHOUSE SubsectionOF andREPRESENTATIVES toGOVERNOR carryOF outTHE anySTATE dutiesOF imposedLOUISIANA byAPPROVED: the agreement.

(3)Page The2 department may accept and make expenditures of money2 receivedfromtheCoding: federal government or any agencyof thefederalgovernment for any transportation purpose.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.

The keyword, summary, 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)] DIGEST SB 115 Engrossed 2026 Regular Session Foil Present law provides for DOTD to work with the federal government on transportation matters including highways, transit, toll roads, emergencies, and rail safety.

ProposedlawretainspresentlawandaddspermissionforDOTDtotakeovercertainfederal transportation approval and environmental review duties.

Proposed law further allows DOTD to agree to be sued, promulgate administrative rules and accept federal moneyfrom any agency of the federal government to carrythe agreed upon federal duties.

ProposedlawfurtherprovidesDOTDmayacceptandmakeexpendituresofmoneyreceived from any agency of the federal government for anytransportation purpose.

Effective August 1, 2026.

(Adds R.S.

48:212(E)) Page 2 of 2 Coding: