la-202610-920a2d3e7a: Utilities

Department of Transportation and Development Office of Project Delivery Utilities (LAC 70:II.Chapter 9) Notice is hereby given in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950, et seq., and through the authority granted in R.S. 36:504, that the Department of Transportation and Development proposes to amend LAC 70:II.Chapter 9, Requirement for Utility Companies to Subscribe to Louisiana Regional Notification Center, which regulates requirements for underground facility permits within the right-of-way under the jurisdiction of the Department of Transportation and Development (DOTD) unless and until the facility owner subscribes to the services of Louisiana Regional Notification Center. The proposed amendments simplify these rules to comply with Plain Writing Act of 2010 (Public Law 111-274) for public understanding and clarify to remove unnecessary and obsolete regulations. Title 70 TRANSPORTATION AND DEVELOPMENT Part II. Utilities Chapter 9.Requirement for Utility Companies to Subscribe to Louisiana Regional Notification Center §901.General A.No underground facility shall be permitted within highway right-of-way under the jurisdiction of the Louisiana Department of Transportation and Development unless and until the facility owner subscribes to the services of the Louisiana Regional Notification Center as provided for in R.S. 40:1749.18 et seq. This membership must be continued throughout the duration of the permit. AUTHORITY NOTE:Promulgated in accordance with R.S. 48:381 and R.S. 40:1749.11 et seq. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Utility and Permit Section, LR 21:706 (July 1995), amended by the Department of Transportation and Development, Office of Project Delivery, LR 53: §903.Exceptions A.Owners of utility distribution facilities serving less than 100 customers shall be exempt from the requirement of membership in the regional notification center for purposes of installation in rights-of-way controlled by DOTD. B.DOTD headquarters utility and permit engineer may exempt owners of utility distribution facilities within highway project limits when said owners are required to relocate their facilities in order to accommodate highway construction. This exemption shall be determined on a project-by-project basis. C.Municipalities or parish governments which adopted ordinances exercising their options not to participate in the regional notification program, in accordance with the provisions of R.S. 40:1749.19, shall be exempt from the requirement of membership in the Regional Notification Center for purposes of installation in rights-of-way controlled by DOTD. AUTHORITY NOTE:Promulgated in accordance with R.S. 48:381 and R.S. 40:1749.11 et seq. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Utility and Permit Section, LR 21:706 (July 1995), amended by the Department of Transportation and Development, Office of Project Delivery, LR 53: §905.Sanctions A.Unless specifically exempted, each owner of utility distribution facilities who does not comply with the requirements set forth herein shall be ineligible to receive a permit for activity within highway rights-of-way under the jurisdiction and control of DOTD. This suspension of the permitting process may be lifted upon the owner’s demonstration of compliance with §901 of this chapter and R.S. 40:1749.14. AUTHORITY NOTE:Promulgated in accordance with R.S. 48:381 and R.S. 40:1749.11 et seq. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Utility and Permit Section, LR 21:706 (July 1995), amended by the Department of Transportation and Development, Office of Project Delivery, LR 53: Family Impact Statement In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature the impact of this proposed amendment on the family has been considered. The proposed amendments are not anticipated to have any foreseeable impact on any family as defined by R.S. 49:972(D) or on family formation, stability, and autonomy. Specifically, the implementation of the proposed amendments will have no known or foreseeable effect on: 1.the stability of the family. 2.the authority and rights of parents regarding the education and supervision of their children. 3.the functioning of the family. 4.family earnings and family budget. 5.the behavior and personal responsibility of children. 6.the ability of the family or local government to perform his function. Poverty Impact Statement In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that these proposed Rule changes will have no impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973. Specifically: 1.The amendment of these rules will have no known or foreseeable adverse effect on household income, assets, and financial security. 2.The amendment of these rules will have no known or foreseeable adverse effect on early childhood development and preschool through postsecondary education development. 3.The amendment of these rules will have no known or foreseeable adverse effect on employment and workforce development. 4.The amendment of these rules will have no known or foreseeable effect on taxes and tax credits. 5.The amendment of these rules will have no known or foreseeable effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance. Small Business Analysis The impact of the amendment of these rules on small businesses, as defined in the Regulatory Flexibility Act, has been considered. The proposed amendment of these rules is not expected to have a significant adverse impact on small businesses. The department, consistent with health, safety, environmental, and economic welfare factors, has considered and, where possible, utilized regulatory methods in amending these rules that will accomplish the objectives of the proposed statutes while minimizing the adverse impact of the rules on small businesses. Provider Impact Statement The amendment of these rules is not anticipated to have any known or foreseeable impact on a provider as defined by House Concurrent Resolution No. 170 of the 2014 Regular Session of the Louisiana State Legislature. Specifically: 1.The amendment of these rules does not have any known or foreseeable impact on the staffing level requirements or qualifications required to provide the same level of service. 2.The amendment of these rules does not have any known or foreseeable impact on the total direct and indirect effect on the cost to a provider to provide the same levels of service. 3.The amendment of these rules does not have any known or foreseeable impact on the overall effect on the ability of a provider to provide the same level of service. Public Comments Interested persons may submit written comments to Andrew Barry, General Counsel, Department of Transportation and Development, Office of General Counsel, P.O. Box 94245, Baton Rouge, Louisiana 70804-9245. Mr. Barry is responsible for responding to inquiries regarding this proposed Rule. The deadline for submitting written comments is at 4:30 p.m. on November 10, 2026. Public Hearing Interested persons may submit a written request to conduct a public hearing by U.S. mail to the Office of General Counsel, ATTN: Andrew Barry, General Counsel, P.O. Box 94245, Baton Rouge, Louisiana 70804-9245; however, such request must be received no later than 4:30 p.m. on November 10, 2026. If the criteria set forth in R.S. 49:961(B)(1) are satisfied, the Department of Transportation and Development will conduct a public hearing at 9:30 a.m. on November 30, 2026 in the Auditorium of the Department of Transportation and Development Headquarters, which is located at 1201 Capitol Access Road, Baton Rouge, LA. To confirm whether a public hearing will be held, interested persons should first call Andrew Barry at (225) 242-4665 after November 10, 2026. If a public hearing is to be held, all interested persons are invited to attend and present data, views, comments, or arguments, orally or in writing. Glenn P. Ledet, Jr. Secretary FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Utilities I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There are no anticipated costs or savings to state or local governmental units as a result of the proposed rule changes. The proposed rule changes make various technical changes to simplify these rules in compliance with the Plain Writing Act of 2010. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There is no anticipated effect on revenue collections of state or local governmental units as a result of the proposed rule changes. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTRED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) There are no anticipated costs or economic benefits to directly affected persons, small businesses, or non-governmental groups as a result of the proposed rule changes. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no anticipated effect on competition and employment as a result of the proposed rule changes. Glenn Ledet, Jr.Patrice Thomas SecretaryDeputy Fiscal Officer 2610#005Legislative Fiscal Office