Amendment vs bill Senate Committee Amendment, #2633, THPW, Draft vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SCAHB776 4379 2633 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Transportation, Highways and Public Works to Engrossed 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, at the end of line 20 and the beginning of line 21 delete ", both public and private," AMENDMENT NO.
to modify the entities the department can contract with to assist in the development of the port priority program;
2 On page 2, line 1, after "revenues" change "and" to "less" AMENDMENT NO.
to provide for the maximum amounts allotted to port projects;
3 On page 2, line 7 delete "a private investment of" and insert "an investment" AMENDMENT NO.
to provide for definitions;
4 On page 2, line 9, after "project" and before "with a" insert ", other than a large project," Page 1 of 1
to direct the Louisiana State Law Institute to alphabetizeandrenumberdefinitions;toprovideforpropernoticeofpublichearings;
torequirealocalmatchbasedontheappropriateprojectcategory;andtoprovidefor related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
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.
34:3451(6) through (8) and 3457(C) are herebyenacted to read as follows:
§3451.
Definitions As used in this Chapter, unless the context clearly indicates otherwise, the following definitions shall apply:
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HB NO.
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.
Applicationsshallbesubmittedtothedepartmentnolater than the first of March, June, September, and December of each calendar year for considerationoffundingorfundingobligationauthorityinthefollowingfiscalyears.
Applications submitted in accordance with the provisions of this Chapter shall be subject to the provisions of R.S.
39:101 through 128.
Information to be provided in the application shall include but not be limited to the following:
(a) Description of the project and demonstration of immediate need for the project.
(b) Preliminary project design and cost estimate.
(c) Description of project area.
* * * D.
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:
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HB NO.
776 ENROLLED limited to the development, review, and evaluation of plans and specifications, and the development of the port priority program list.
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.
* * * §3453.
Priority list of projects;
public hearings;
final program Each quarter, the department shall prepareand shall furnish a prioritized list ofprojects,basedontheapplicationsreceivedbythedepartmentduringthatquarter, to the joint committee.
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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.
At such hearing, the joint committee shall vote to either accept, reject, or modify the list.
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:
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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:
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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.
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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:
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