HB 1232

ENROLLED
 2026 Regular Session
  ACT No. 341
 HOUSE BILL NO. 1232  (Substitute for House Bill No. 647 by Representative
  Bourriaque)
 BY REPRESENTATIVE BOURRIAQUE
1AN ACT
2 To amend and reenact R.S. 34:3471(6) and (7), 3472(A) and (D), 3473, 3475(A), 3477(A)
3and (D), and 3478 and to repeal R.S. 34:3474, relative to waterways; to provide for
4the Waterway Assistance Program and Fund; to provide for timelines for submitting
5applications for funding of any waterway projects by a governmental entity; to
6provide for an annual basis for application submissions; to provide for definitions;
7and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9Section 1. R.S. 34:3471(6) and (7), 3472(A) and (D), 3473, 3475(A), 3477(A) and
10 (D), and 3478 are hereby amended and reenacted to read as follows:
11§3471. Definitions
12As used in this Chapter, unless the context clearly indicates otherwise, the
13following definitions shall apply:
14*       *  *
15(6)   "Waterway dredging and deepening priority program Assistance
16Program" means the priority list of projects submitted by to the office and selected
17and approved by the joint committee pursuant to this Chapter.
18(7) "Waterway project" means a program project, either new or continuing,
19that is planned and implemented with the primary goal of dredging and deepening
20waterways in the state to include cost share projects with the federal government and
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1construction and maintenance costs associated with dredging and disposing of
2dredged material.
3§3472. Methodology for dredging and deepening project Waterway Assistance
4Program evaluation
5A.(1) Applications for funding of any waterway project may be submitted
6by any governmental entity, including but not limited to a parish, municipality, port
7authority, or levee district on a quarterly basis, except as provided in R.S. 34:3476.
8Applications shall be submitted to the office no later than the first of March, June,
9September, and December of each calendar year for consideration of funding or
10funding obligation authority in the following fiscal years. Applications submitted
11in accordance with the provisions of this Chapter shall be subject to the provisions
12of R.S. 39:101 through 128. Information to be provided in the application shall
13include but not be limited to the following:
14(a) Description of the project and demonstration of immediate need for the
15project.
16(b) Preliminary project design and cost estimate.
17(c) Description of project area.
18(2) No project shall be considered without any and all local, state, and
19federal permits obtained and required by the department, as determined per project,
20pursuant to applicable law.
21(2) (3) Project applications shall not be subject to formal review and
22evaluation until the information required in the application has been submitted.
23*       *  *
24D. The office may contract for any of the duties associated with the
25development of the waterway dredging and deepening priority program, including
26but not limited to the development, review, and evaluation of plans and
27specifications, and the development of the waterway dredging and deepening priority
28program list. However, development of and authority over the final determination
29of the waterway dredging and deepening priority list shall remain with the
30department and the joint committee as provided in this Chapter. The project
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1evaluation process shall be submitted by the office for approval by the joint
2committee no later than September 1, 2026.
3*       *  *
4§3473. Priority list List of projects; public hearings; final program
5Each quarter, the The office shall prepare and furnish to the joint committee
6a prioritized list of qualifying projects based on the applications received by the
7office. during that quarter. The joint committee shall receive the prioritized list of
8projects from the office for each of the first three quarters of the year, and shall call
9a public hearing within thirty days of receiving the list in order to receive public
10testimony regarding any project on the list. At such hearing, the joint committee
11shall vote to either accept, reject, or modify the list. Each quarter, the office shall
12reprioritize the list of projects to reflect the cumulative list of projects recommended
13by the office. After application recommendations for the last quarter are made by
14the office, the office shall submit the final waterway dredging and deepening priority
15program for the ensuing fiscal year to the joint committee for approval. Prior to the
16convening of the regular session of the legislature, the The joint committee shall hold
17a public hearing for the purpose of reviewing the final program for the ensuing
18current fiscal year. Prior to such hearing, the office shall publish the appropriate
19official notice on the department's website. The final program shall be based upon
20the anticipated revenues to be appropriated by the legislature or other funding
21obligation authority and the projects shall be listed in order of priority. Upon review
22of eligible projects, the joint committee shall establish a list based on the amount
23appropriated to the program established by the legislature.  When this final
24construction program list is presented to the legislature for funding or funding
25obligation authority for the ensuing fiscal year, the legislature shall not add any
26projects to this final construction program. Any project recommended by the office
27and approved considered by the joint committee for which funds are unavailable in
28the fiscal year but for which it was approved shall remain on the prioritized list of
29projects and shall not be removed unless voted on by the joint committee the
30following year be carried forward to the next fiscal year.
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1§3475. Projects undertaken by the office
2A. After adoption of the office's recommendations by the joint committee,
3the approved list of projects shall be forwarded to the office for implementation. The
4approved list shall be implemented by the office by the use of funds appropriated,
5funding obligation authority, or pursuant to the cash management program as
6provided by R.S. 48:251(D). Funding or funding obligation authority shall be
7allocated to projects in accordance with the prioritized list of projects approved by
8the joint committee. Funding obligation authority may be granted or authorized for
9a project from funds appropriated or obligated for another project or projects within
10the Waterway Dredging and Deepening Priority Assistance Program provided that
11such authority does not impede such any project or projects. Such The funding
12obligation authority shall be extinguished for a project at such time as funds are
13made available for obligation for the project. The office shall not delete, add, or
14substitute any projects for those approved by the joint committee, except as provided
15in R.S. 34:3476.
16*       *  *
17§3477. Allocation, reallocation of funds; deposit to Dredging and Deepening
18Waterway Assistance Fund
19A. The Dredging and Deepening Waterway Assistance Fund is hereby
20created within the state treasury and shall be a source of state funds in addition to
21capital outlay projects, the general fund, and other sources, provided for any
22waterway project on the priority list approved pursuant to the provisions of this
23Chapter.
24*       *  *
25D. Any monies allocated for any project not needed for said project may be
26reallocated for the completion of any other project or projects specified. Any monies
27not needed for the completion of said projects shall be deposited in and credited to
28the Dredging and Deepening Waterway Assistance Fund.
29*       *  *
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1§3478. Preparation of plans and specifications; letting of bids for construction;
2supervision of construction
3The port applying governing authority shall be responsible for the preparation
4of plans and specifications for their respective project. The port applying governing
5authority shall also be responsible for the letting of bids, the public advertising, and
6the supervision of work for all projects, all in accordance with the provisions of this
7Chapter.
8Section 2. R.S. 34:3474 is hereby repealed in its entirety.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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