LA Rev Stat § 48:77 (2021)
2021 Louisiana Laws|Revised Statutes|Title 48 - Roads, Bridges and Ferries|§77. Transportation Trust Fund; dedication and uses of certain monies to the Construction Subfund

RS 77 - Transportation Trust Fund; dedication and uses of certain monies to the Construction Subfund  A. The avails of the taxes imposed by Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 from the sale, use, or lease of motor vehicles that are taxable pursuant to Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statues of 1950, after satisfying the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, shall be deposited into the Construction Subfund of the Transportation Trust Fund provided for in Article VII, Section 27(B)(2) of the Constitution of Louisiana, referred to in this Section as the "subfund", as follows:  (1) For Fiscal Year 2023-2024, thirty percent of the avails shall be deposited into the subfund.  (2) For Fiscal Year 2024-2025 and each fiscal year thereafter, sixty percent of the avails shall be deposited into the subfund.  B. During any fiscal year beginning with Fiscal Year 2024-2025, if the Revenue Estimating Conference revises the Official Forecast resulting in a decrease in recurring state general fund revenue for the current year of one hundred million dollars or more from the Official Forecast at the beginning of the current fiscal year, the amount of avails deposited into the subfund pursuant to the provisions of this Section, may not exceed one hundred fifty million dollars for that fiscal year. The remainder of the avails collected for that fiscal year in excess of one hundred fifty million dollars may be deposited into the state general fund. Any avails previously deposited into the subfund in that fiscal year in excess of one hundred fifty million dollars shall be transferred to the state general fund. In no event shall the aggregate amount of any transfers or deposits into the state general fund pursuant to this Subsection exceed the amount of the decrease in recurring state general fund revenue for that fiscal year.  C. The Department of Transportation and Development shall utilize up to seventy-five percent of the monies deposited into the subfund pursuant to Subsection A of this Section as follows:  (1) In conjunction with innovative financing opportunities and on highway priority program projects classified as mega projects pursuant to the Department of Transportation and Development's definition of mega projects. The following mega projects shall be prioritized by the secretary of the Department of Transportation and Development and constructed in accordance with each project's completed and federally mandated environmental process and requirements.  (a) Replacement of the I-10 Calcasieu River bridge and I-10 improvements from the I-210 interchange west of the river to the I-210 interchange east of the river.  (b) Upgrades to US 90 to interstate standards from the I-10 and I-49 interchange from Lafayette to New Orleans.  (c) A new Mississippi River Bridge at Baton Rouge with freeway-level connections from I-10 west of Baton Rouge to I-10 east of Baton Rouge.  (d) Upgrades to I-49 North where I-49 is not yet upgraded.  (2) For cash managed capacity projects included in the highway priority program pursuant to the Department of Transportation and Development's definition of capacity projects, including but not limited to the following:  (a) Widening of I-12 to six lanes and associated improvements where I-12 is not yet upgraded from Baton Rouge to the Mississippi state line.  (b) Widening of Vancil Road from I-20 to Highway 80, Wallace Dean Road from I-20 to Arkansas Road, and East Kentucky Avenue in Ruston from Highway 167 to Highway 33; the replacement of aged timber bridges, completion of Highway 33 to Highway 80; adding paved shoulders and passing lanes from Farmerville to Oak Grove on Highway 2, and LA 15 at the Ouachita Parish Line to LA 33; realign LA 15 from US 80 to Arkansas Road; adding a sixth lane on Highway 165 beginning on Highway 15 to Highway 2.  (c) Widening of LA 28 East to four lanes from Libuse to Hollway.  (d) Widening of LA 173 to four lanes from Dr. Martin Luther King, Jr. Drive to Dougherty Avenue in Blanchard, Louisiana.  (e) The addition of auxiliary lanes and noise mitigation on I-10 from the High Rise Bridge to the intersection of I-10 and Bullard Avenue in Orleans Parish.  (f) Widening of I-10 to eight lanes from Williams Blvd. to Veterans Blvd.  (g) Widening of I-10 to three lanes from LA 30 to LA 22.  D. The Department of Transportation and Development shall utilize an amount not less than twenty-five percent of the remaining monies on highway and bridge preservation projects included in the highway priority program pursuant to the Department of Transportation and Development's definition of highway and bridge preservation projects. Of the monies utilized by the Department of Transportation and Development pursuant to this Subsection, an amount of five percent, not to exceed ten million dollars, shall be utilized for projects authorized pursuant to the provisions of R.S. 48:224.1.  E. In any fiscal year, neither the state nor any agency shall issue debt in the aggregate in excess of one hundred fifty million dollars that is secured by any monies deposited into the subfund pursuant to the provisions of this Section.  Acts 2008, 2nd Ex. Sess., No. 11, §2, eff. March 24, 2008; Acts 2014, No. 830, §2, eff. Nov. 4, 2014, if adopted; Acts 2015, No. 275, §§1, 2, eff. June 29, 2015; Acts 2019, No. 434, §5C, eff. June 30, 2019; Acts 2021, No. 486, §1. NOTE: See Acts 2014, No. 830, §§2 and 3, regarding contingencies. NOTE: House Bill 628, amending La. Const. Art. VII, Sec. 14(B), became Act 873, authorizing capitalization of a state infrastructure bank, effective pending vote Nov. 14, 2014. House Bill 629, amending La. Const Art. VII, Sections 27 and 10.3, providing for deposit of excess mineral revenues into the Transportation Trust Fund in order to capitalize a state infrastructure bank, failed to become enacted.