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2026 Regular Session  ENROLLED
SENATE CONCURRENT RESOLUTION NO. 64
BY SENATOR PRICE
  A CONCURRENT RESOLUTION
To create and provide for the Task Force on Construction Management at Risk (CMaR) to
       study the historical purpose of the legislation and to recommend any action or
       legislation the task force deems necessary and appropriate.
       WHEREAS, Act 782 of the 2014 Regular Session created the construction
management at risk project delivery method; and
       WHEREAS, R.S. 38:2225.2.4 establishes CMaR as an alternative project delivery
method for public entities when deemed to be in the public interest and beneficial to the
owner; and
       WHEREAS, R.S. 38:2225.2.4 defines CMaR as a delivery method in which the
owner separately contracts with a design professional and a CMaR contractor during the
preconstruction phase, with the CMaR contractor thereafter potentially providing
construction services under a guaranteed maximum price arrangement; and
       WHEREAS, the original statutory framework limited CMaR use for projects
estimated to cost more than twenty-five million dollars; and
       WHEREAS, Act 163 of the 2015 Regular Session established a CMaR pilot program
and reduced the project threshold for any public entity to use the CMaR method for projects
costing three million dollars or more; and
       WHEREAS, subsequent legislation reduced the project cost threshold including
provisions permitting use on projects estimated to cost less than fifteen million dollars
subject to prior notification and approval by the House and Senate committees on
transportation, highways and public works; and
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       WHEREAS, additional legislation expanded the availability of CMaR to additional
public entities, specifically hospital districts, which included lower cost requirements than
other public entities subject to prior notification and approval by the House and Senate
committees on transportation, highways and public works; and
       WHEREAS, the Louisiana Department of Transportation and Development has
recognized R.S. 38:2225.2.4 as legislative authorization for the use of CMaR on public
works projects and has published administrative guidance concerning implementation of the
delivery method; and
       WHEREAS, with the CMaR delivery method, the contractor assumes financial risk
by committing to deliver the project within a guaranteed maximum price and the contractor
is responsible for cost overruns not caused by owner-directed changes or unforeseen
conditions, thereby placing the risk of managing construction costs, subcontractor
performance, and schedule execution on the contractor rather than the public owner; and
       WHEREAS, it is necessary to assess the viability, needs, and effects of the CMaR
project delivery method regarding public entities and state agencies.
       THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
establish and provide for the Task Force on Construction Management at Risk to study the
viability and necessity for certain provisions and restrictions, and to propose
recommendations, together with specific proposals for legislation, in a written report to the
legislature and to the David R. Poynter Legislative Research Library as required by R.S.
24:771 and 772, no later than March 1, 2028.
       BE IT FURTHER RESOLVED that the task force shall include consideration of past
and current laws, policy, and industry practices.
       BE IT FURTHER RESOLVED that the task force shall consist of the following
members:
       (1) The chairman of the Senate Committee on Transportation, Highways and Public
Works, or his designee, who shall serve as the chairman of the committee.
       (2) The vice chairman of the Senate Committee on Transportation, Highways and
Public Works, or his designee.
       (3) The chairman of the Senate Committee on Finance, or his designee.
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        (4) The chairman of the House Committee on Transportation, Highways and Public
Works, or his designee.
        (5) The vice chairman of the House Committee on Transportation, Highways and
Public Works, or his designee.
        (6)The chairman of the House Committee on Appropriations, or his designee.
        (7) The secretary of the Department of Transportation and Development, or his
designee.
        (8) The commissioner of the Division of Administration, or his designee.
        (9) The president of the Police Jury Association of Louisiana, or his designee.
        (10) The chief executive officer of the Louisiana Associated General Contractors, or
his designee.
        (11) The president of the Associated Builders and Contractors, or his designee.
        BE IT FURTHER RESOLVED that the names of members serving, or their
designees, on the task force shall be submitted to the Senate Committee on Transportation,
Highways and Public Works staff no later than August 30, 2026.
        BE IT FURTHER RESOLVED that the task force shall convene for its first meeting
no later than November 1, 2026, at the call of the chairman of the committee, and at the first
meeting, the members shall elect a vice chairman.
        BE IT FURTHER RESOLVED that a majority of the task force shall constitute a
quorum for the transaction of business. All official actions of the task force shall require the
affirmative vote of a majority of the members.
        BE IT FURTHER RESOLVED that the task force shall terminate on the date of the
submission of its report or March 1, 2028, whichever occurs first.
        BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
chairman of the Senate Committee on Transportation, Highways and Public Works, the vice
chairman of the Senate Committee on Transportation, Highways and Public Works, the
chairman of the Senate Committee on Finance, the chairman of the House Committee on
Transportation, Highways and Public Works, the vice chairman of the House Committee on
Transportation, Highways and Public Works, the chairman of the House Committee on
Appropriations, the secretary of the Louisiana Department of Transportation and
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Development, the commissioner of the Division of Administration, the chief executive
officer of the Louisiana Associated General Contractors, and the president of the Associated
Builders and Contractors.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
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