Amendment vs bill House Committee Amendment, #2652, THPW, Draft vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
ENROLLED Regular Session HOUSE BILL NO.
HCAHB776 4877 2652 HOUSE COMMITTEE AMENDMENTS Regular Session AmendmentsproposedbyHouseCommitteeonTransportation,HighwaysandPublicWorks to Original House Bill No.
776 BY REPRESENTATIVE BOURRIAQUE AN ACT To amend and reenact R.S.
776 by Representative Bourriaque AMENDMENT NO.
34:3452(A)(1)(introductory paragraph) and (D), 3453, 3457(A)(introductoryparagraph)and3473andtoenactR.S.34:3451(6)through(8) and 3457(C), relative to the Port Construction and Development Priority Program;
1 On page 1, line 2, after "reenact" and before "3453" change "R.S.
to modify the entities the department can contract with to assist in the development of the port priority program;
34:3452(D)," to "R.S.
to provide for the maximum amounts allotted to port projects;
34:3452(A)(1)(introductory paragraph) and (D)," AMENDMENT NO.
to provide for definitions;
2 On page 1, line 3, after "enact" and before "relative" change "R.S.
to direct the Louisiana State Law Institute to alphabetizeandrenumberdefinitions;toprovideforpropernoticeofpublichearings;
34:3457(C)," to "R.S.
torequirealocalmatchbasedontheappropriateprojectcategory;andtoprovidefor related matters.
34:3451(6) through (8) and 3457(C)," AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
3 On page 1, line 5, after "program;" and before "to" insert "to provide for the maximum amountsallottedtoportprojects;toprovidefordefinitions;todirecttheLouisianaStateLaw Institute to alphabetize and renumber definitions;" AMENDMENT NO.
Section 1.
4 On page 1, line 9, after "Section 1." and before "3453" change "R.S.
R.S.
34:3452(D)," to "R.S.
34:3452(A)(1)(introductory paragraph) and (D), 3453, 3457(A)(introductory paragraph) and 3473 are hereby amended and reenacted and R.S.
34:3452(A)(1)(introductory paragraph) and (D)," AMENDMENT NO.
34:3451(6) through (8) and 3457(C) are herebyenacted to read as follows:
5 On page 1, line 10, after "reenacted and" and before "hereby" change "R.S.
§3451.
34:3457(C) is" to "R.S.
34:3451(6) through (8) and 3457(C) are" AMENDMENT NO.
6 On page 1, between lines 10 and 11, insert the following:
"§3451.
* * * Page 1 of 6 CODING:
* * * (6) "Benefit cost ratio" means the total benefits divided by the total cost of a project with the total cost being equal to the total investment, both public and private,requiredtoimplement thetotal projectandderivethebenefitsandwithtotal benefits being equal to the revenues and expenses, number of jobs, payroll benefits, spin-off benefits of payroll, shipping costs, or any other benefits that are determinable.
(7) "Large project" means a project with a total project cost between forty million dollars and eighty million dollars with a benefit cost ratio greater than or equal to five,areturnon the state's investment greaterthan or equal to three and one half, and a private investment of between twenty-five and fifty percent of the total project cost.
(8) "Standard project" means a project with a benefit cost ratio greater than orequalto oneandareturnonthestate's investment greaterthanorequaltotwoand three hundred seventy-five thousandths." AMENDMENT NO.
7 On page 1, between lines 11 and 12, insert the following:
Page 1 of 2 CODING:
HB NO.
HCAHB776 4877 2652 "A.(1) Applications for funding of any port construction or development project may be submitted by any port authority on a quarterly basis, except as providedinR.S.34:3456.
776 ENROLLED (6) "Benefit cost ratio" means the total benefits divided by the total cost of aprojectwiththetotalcostbeingequaltothetotalinvestmentrequiredtoimplement the total project and derive the benefits and with total benefits being equal to the revenueslessexpenses,numberofjobs,payrollbenefits,spin-offbenefitsofpayroll, shipping costs, or any other benefits that are determinable.
(7)"Largeproject"meansaprojectthatmeetsprojectcost,benefitcostratio, return on state investment, and investment requirementsestablished bythe officeof multimodal commerce by rule promulgated in accordance with the Administrative Procedure Act.
(8) "Standard project" means a project, other than a large project ,that meets benefit cost ratio and return on state investment requirements established by the office of multimodal commerce by rule promulgated in accordance with the Administrative Procedure Act.
§3452.
Methodology for port project evaluation A.(1) Applications for funding of any port construction or development project may be submitted by any port authority on a quarterly basis, except as providedinR.S.34:3456.
The maximum amount for participation in standard projects shall be twenty-one million dollars, with a maximum allotment of seven million dollars per year per port and the maximum amount for participation in large projects shall be thirty-three million dollars, with a maximum allotment of eleven million dollars per year per port.
(c) Description of project area.
(c) Description of project area." AMENDMENT NO.
* * * D.
8 Onpage2, line17,after"State"andbefore"The"delete"asprovidedforinR.S.43:81."and insert a comma "," and "as provided for in R.S.
The department may contract with the Louisiana State University Ports and Waterways Institute any state college or university for any of the duties associated with the development of the port priority program, including but not Page 2 of 6 CODING:
43:81, beginning on July 1, 2027." AMENDMENT NO.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
9 On page 3, line 4, after "Chapter" delete the remainder of the line and insert a period "." AMENDMENT NO.
HB NO.
10 On page 3, line 16, after "match" and before the period "." insert a comma "," and "subject to the legislature allocating additional Transportation Trust Fund dollars to the Port Construction and Development Priority Program" AMENDMENT NO.
776 ENROLLED limited to the development, review, and evaluation of plans and specifications, and the development of the port priority program list.
11 On page 3, delete lines 17 and 18 in their entirety AMENDMENT NO.
However, development of and authority over the final determination of the port priority list shall remain with the department and the joint committee as provided in this Chapter.
12 On page 4, line 6, after "State" and before "The" delete "as provided for in R.S.
* * * §3453.
43:81." and insert a comma "," and "as provided for in R.S.
Priority list of projects;
43:81, beginning on July 1, 2027." AMENDMENT NO.
public hearings;
13 On page 4, after line 14, insert the following:
final program Each quarter, the department shall prepareand shall furnish a prioritized list ofprojects,basedontheapplicationsreceivedbythedepartmentduringthatquarter, to the joint committee.
"Section 2.
Show all 91 changed rows (51 more)
Previous
Latest
The joint committee shall receive the prioritized list of projectsfromthedepartmentfor eachof the firstthreequartersoftheyear,andshall call apublic hearingwithin thirtydays of receivingthe list in order to receivepublic testimony regarding any project on the list.
The Louisiana State Law Institute is hereby authorized and directed to alphabetize and renumber the definitions contained in R.S.
At such hearing, the joint committee shall vote to either accept, reject, or modify the list.
34:3451 and tocorrectanycross-referencestotherenumberedparagraphsifnecessary,consistent with the provisions of this Act." Page 2 of 2 CODING:
Each quarter, the department shall reprioritize the list of projects to reflect the cumulative list of projects recommended by the department.
After application recommendations for the last quarter are made by the department, the department shall submit the final port construction and development priority program for the ensuing fiscal year to the joint committee for approval.
Prior to the convening of the regular session of the legislature, the joint committee shall hold a public hearing for the purpose of reviewing the final program for the ensuing fiscal year.
Prior to such hearing, the department shall publish the appropriate official notice in the necessary journals Official Journal of the State, as provided for in R.S.
43:81, beginning on July 1, 2027.
The final program shall be based upon the anticipated revenues to be appropriatedbythelegislatureorotherfundingobligationauthorityandtheprojects shall belisted in orderofpriority.Whenthis finalconstructionprogramis presented to the legislature for funding or funding obligation authority for the ensuing fiscal year, the legislature shall not add any projects to this final construction program.
Any project recommended bythe department and approved by the joint committee butforwhichfundsareunavailablein thefiscalyearforwhichit wasapprovedshall remain on the prioritized list of projects and shall be carried forward to the next Page 3 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
776 ENROLLED fiscal year.
Such project shall retain its place on the prioritized list of projects and shall receive a higher priority over newly recommended projects in the next fiscal year.
* * * §3457.
Allocation, reallocation of funds;
deposit to Transportation Trust Fund A.
TheTransportationTrustFundshallbethesourceofstatefundsprovided for any port project on the priority list approved pursuant to the provisions of this Chapter.
Prior to the commencement of any work, the department shall require the presidingofficerofeachportauthorityinvolvedinaprojecttoexecuteanagreement and statement of sponsorship to provide a ten percent the local match requirement in the appropriate category of projects pursuant to Subsection C of this Section for thecostofconstructionoftheprojectincludingthecostofanyitemsstipulatedunder the provisions of Paragraph (1) of this Subsection.
The department shall further stipulate that such agreement include but not be limited to the following:
* * * C.
The following project categories shall require the stipulated local match as defined by the department:
(1) A standard project shall require a ten percent local match.
(2) A large project shall require a twentypercent local match, subject to the legislature allocating additional Transportation Trust Fund dollars to the Port Construction and Development Priority Program.
* * * §3473.
Priority list of projects;
public hearings;
final program Each quarter, the office shall prepare and furnish to the joint committee a prioritizedlistofprojectsbasedontheapplicationsreceivedbytheofficeduringthat quarter.
The joint committee shall receive the prioritized list of projects from the office for each of the first three quarters of the year, and shall call a public hearing within thirtydays of receivingthe list in order to receivepublic testimonyregarding any project on the list.
At such hearing, the joint committee shall vote to either accept,reject,or modifythe list.
Each quarter,the officeshall reprioritize the list of Page 4 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
776 ENROLLED projects to reflect the cumulative list of projects recommended by the office.
After application recommendations for the last quarter are made by the office, the office shall submit the final waterway dredging and deepening priority program for the ensuingfiscalyeartothejoint committeeforapproval.
Priortotheconveningofthe regular session of the legislature, the joint committee shall hold a public hearing for the purpose of reviewingthe final program for the ensuingfiscal year.
Prior to such hearing, the office shall publish the appropriate official notice on the department's website in the Official Journal of the State, as provided for in R.S.
43:81, beginning on July 1, 2027.
The final program shall be based upon the anticipated revenues to be appropriated by the legislature or other funding obligation authority and the projects shall be listed in order of priority.
When this final construction program is presented to the legislature for funding or funding obligation authority for the ensuingfiscalyear,thelegislatureshallnotaddanyprojectstothisfinalconstruction program.
Any project recommended by the office and approved by the joint committee for which funds are unavailable in the fiscal year but for which it was approvedshall remain on the prioritized list of projects and shall be carried forward to the next fiscal year.
Section 2.
The Louisiana State Law Institute is hereby authorized and directed to alphabetizeandrenumberthedefinitionscontainedinR.S.34:3451andtocorrectanycross- referencesto the renumbered paragraphs if necessary, consistent with the provisions of this Act.
Section3.Theofficeofmultimodal commerceshall promulgaterulesinaccordance with the Administrative Procedure Act, establishing the following:
(1) The project cost range, benefit cost ratio, return on state investment for a project to qualify as a large project.
(2)Thebenefitcostratioandreturnonstateinvestmentrequiredforaproject to qualify as a standard project.
Page 5 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
776 ENROLLED (3)Themaximumamountofstateparticipationinstandardprojectsandlarge projects, and the maximum annual allotment per port for each.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 6 of 6 CODING: