reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1331 - Ensuring Operational Capabilities

Current through Register Vol. 50, No. 6, June 20, 2024
A Required Operational Qualifications. To submit a grant
				  application, prospective subgrantee shall provide the details listed below
				  related to operational capability.
1.
				A prospective subgrantee will provide operational details including but not
				limited to the following:
a. years providing
				internet service;
b. current
				subscribers (households, businesses and community anchor
				institutions)
c. completed
				federally funded deployment projects, with their source of funding and
				timeframe for completion or non-completion;
d. penalties paid by the prospective
				subgrantee, a subsidiary or affiliate of the prospective subgrantee or the
				holding company of the prospective subgrantee relative to deployment
				projects;
e. the number of times
				prospective subgrantee has ever been a defendant in a state of Louisiana
				criminal proceeding or civil litigation relevant to qualifications to
				deployment broadband infrastructure; and
f. whether the prospective subgrantee has
				ever defaulted on a federal or state obligation to deploy broadband
				infrastructure and if so, to provide a summary.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 13 - Deployment Subgrantee Selection › Section XXI-1333 - Ensuring Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
A. To submit a grant
				application, prospective subgrantee shall provide details related to ensuring
				ownership.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1501 - Fair, Open and Competitive Non-Deployment Selection Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. If funds remain
				for nondeployment, two main items will be prioritized:
1. Priority 1 (20 percent of funds available
				for non-deployment) - Creation of the Louisiana CASH Program to be administered
				by a state agency with experience executing federal programs, such as the
				Department of Children and Family Services, Office of Community Development,
				Department of Health or Louisiana Board of Regents or other.
2. Priority 2 (80 percent of funds available
				for non-deployment). In line with the BEAD Notice of Funding Opportunity,
				additional non- deployment activities related to the following will be
				accepted:
a. user training with respect to
				cybersecurity, privacy and other digital safety matters.
b. remote learning or telehealth
				services/facilities.
c. digital
				literacy/upskilling (from beginner level to advanced).
d. computer science, coding and cybersecurity
				education programs.
e.
				implementation of eligible entity digital equity plans (to supplement, but not
				to duplicate or supplant, planning grant funds received by the eligible entity
				in connection with the Digital Equity Act of 2021).
f. broadband sign-up assistance and programs
				that provide technology support.
g.
				multi-lingual outreach to support adoption and digital literacy.
h. prisoner education to promote pre-release
				digital literacy, job skills, online job acquisition skills, etc.
i. digital navigators.
j. direct subsidies for use toward broadband
				subscription, where the eligible entity shows the subsidies will improve
				affordability for the end user population (and to supplement, but not to
				duplicate or supplant, the subsidies provided by the Affordable Connectivity
				Program).
k. costs associated with
				stakeholder engagement, including travel, capacity-building or contract
				support.
l. other allowable costs
				necessary to carrying out programmatic activities of an award, not to include
				ineligible costs described in Section V.H.2 of the NOFO.
m. Activities related to the incorporation of
				"smart" technologies and capabilities into farming practices, due to Louisiana
				being a heavy agriculture-producing state and the unique competitive advantage
				of spearheading specific smart technologies in this sector.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1503 - Non-Deployment Project Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Selection
				Process and Initiatives 1. The following needs will be prioritized and metrics
				evaluated.
a. Return on investment for the
				state and its residents: the initiative will have a generational effect on
				residents of the state and will address the digital divide sustainably and
				permanently.
b. Addresses
				identified component of the digital divide: the non-deployment initiative
				addresses a component of the digital divide beyond access to broadband
				infrastructure that is supported by data from the Louisiana Digital Equity
				Plan.
c. Innovative solutions-the
				non-deployment initiative addresses an aspect of the digital divide without a
				current solution or supplements an existing solution in an innovative
				manner.
d. Capacity and experience:
				organizations in the prospective pool of subgrantees generally have the
				experience and organizational capacity necessary to administer a potentially
				significant program.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1505 - Ensuring the Priority of Universal Coverage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Awards are not
				final until approval of the final proposal and ensuring universal coverage of
				BSLs.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1507 - Ensuring General Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				entering into any subgrantee agreement, applicants will certify they are:
1. Capable of carrying out activities funded
				by the subgrant in a competent manner in compliance with all applicable
				federal, state and local laws.
2.
				Have the financial and managerial capacity to meet the commitments of the
				subgrantee under the subgrant, the requirements of the program and such other
				requirements as have been prescribed by the assistant secretary or
				ConnectLA.
3. Have the technical
				and operational capability to provide the services promised in the subgrant in
				the manner contemplated by the subgrant award.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1501 - Fair, Open and Competitive Non-Deployment Selection Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. If funds remain
				for nondeployment, two main items will be prioritized:
1. Priority 1 (20 percent of funds available
				for non-deployment)-Creation of the Louisiana CASH Program to be administered
				by a state agency with experience executing federal programs, such as the
				Department of Children and Family Services, Office of Community Development,
				Department of Health or Louisiana Board of Regents or other.
2. Priority 2 (80 percent of funds available
				for non-deployment). In line with the BEAD Notice of Funding Opportunity,
				additional non- deployment activities related to the following will be
				accepted:
a. user training with respect to
				cybersecurity, privacy and other digital safety matters.
b. remote learning or telehealth
				services/facilities.
c. digital
				literacy/upskilling (from beginner level to advanced).
d. computer science, coding and cybersecurity
				education programs.
e.
				implementation of eligible entity digital equity plans (to supplement, but not
				to duplicate or supplant, planning grant funds received by the eligible entity
				in connection with the Digital Equity Act of 2021).
f. broadband sign-up assistance and programs
				that provide technology support.
g.
				multi-lingual outreach to support adoption and digital literacy.
h. prisoner education to promote pre-release
				digital literacy, job skills, online job acquisition skills, etc.
i. digital navigators.
j. direct subsidies for use toward broadband
				subscription, where the eligible entity shows the subsidies will improve
				affordability for the end user population (and to supplement, but not to
				duplicate or supplant, the subsidies provided by the Affordable Connectivity
				Program).
k. costs associated with
				stakeholder engagement, including travel, capacity-building or contract
				support.
l. other allowable costs
				necessary to carrying out programmatic activities of an award, not to include
				ineligible costs described in Section V.H.2 of the NOFO.
m. Activities related to the incorporation of
				"smart" technologies and capabilities into farming practices, due to Louisiana
				being a heavy agriculture-producing state and the unique competitive advantage
				of spearheading specific smart technologies in this sector.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1503 - Non-Deployment Project Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Selection Process
				and Initiatives
1. The following needs will be
				prioritized and metrics evaluated.
a. Return
				on investment for the state and its residents: the initiative will have a
				generational effect on residents of the state and will address the digital
				divide sustainably and permanently.
b. Addresses identified component of the
				digital divide: the non-deployment initiative addresses a component of the
				digital divide beyond access to broadband infrastructure that is supported by
				data from the Louisiana Digital Equity Plan.
c. Innovative solutions-the non-deployment
				initiative addresses an aspect of the digital divide without a current solution
				or supplements an existing solution in an innovative manner.
d. Capacity and experience: organizations in
				the prospective pool of subgrantees generally have the experience and
				organizational capacity necessary to administer a potentially significant
				program.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 15 - Non-Deployment Subgrantee Selection › Section XXI-1507 - Ensuring General Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to entering
				into any subgrantee agreement, applicants will certify they are:
1. Capable of carrying out activities funded
				by the subgrant in a competent manner in compliance with all applicable
				federal, state and local laws.
2.
				Have the financial and managerial capacity to meet the commitments of the
				subgrantee under the subgrant, the requirements of the program and such other
				requirements as have been prescribed by the assistant secretary or ConnectLA.
3. Have the technical and
				operational capability to provide the services promised in the subgrant in the
				manner contemplated by the subgrant award.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 17 - Low-Cost Broadband Service Option › Section XXI-1701 - Required Subgrantee Low-Cost Broadband Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. GUBMO 2.0
				applicants and subgrantees may request a modification to their low-cost service
				option from the $30 target effective rate as follows.
1. In no case may the offered rate exceed the
				$65 average rate for comparable service plans in Louisiana as reflected in the
				2023 FCC Urban Rate Survey, as adjusted for annual inflation as described
				below.
2. Modifications to offered
				rates to a level between $30 and the $65 not to exceed (NTE) level may be
				granted based on evidence supporting the newly proposed rate:
a. Per-subscriber costs in an area indicating
				that the target effective rate above would be financially unsustainable;
				and/or
b. The impact on average
				revenue per user (ARPU) and total project revenue of the target effective rate
				above would be financially unsustainable given actual or projected subscriber
				adoption patterns.
i. If a modification
				request is granted, the new modified level shall remain the maximum Not to
				Exceed offered rate for the provider for the duration of the federal
				interest.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 17 - Low-Cost Broadband Service Option › Section XXI-1703 - Certification for Subgrantee Participation in ACP

Current through Register Vol. 50, No. 6, June 20, 2024
A. All subgrantees
				shall participate in the Affordable Connectivity Program or any successor
				program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2370.21-2370.33.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 1 - Educational Television Authority › Section XXIII-101 - Agency Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Educational Television Authority meets the below criteria pursuant to
				Act 393 of the 2023 Regular Legislative Session to be eligible to conduct open
				public meetings via electronic means:
1. is a
				state agency as defined by
				R.S.
				49:951;
2. has powers, duties, or functions that are
				not limited in scope to a particular political subdivision or region;
3. conducts at least six regularly scheduled
				meetings in a calendar year; and
4.
				is not one of the agencies identified by
				R.S.
				42:17.2(I) to which open
				meetings via electronic means shall not apply.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 1 - Educational Television Authority › Section XXIII-103 - Postings Prior to Meeting via Electronic Means

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least 24 hours prior to the meeting,
				the Louisiana Educational Television Authority shall post the following on the
				agency's website:
1. meeting notice and
				agenda; and
2. detailed information
				regarding how members of the public may:
a.
				participate in the meeting via electronic means, including the applicable
				videoconference link and/or teleconference phone number; and
b. submit written comments regarding matters
				on the agenda prior to the meeting.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 1 - Educational Television Authority › Section XXIII-105 - Electronic Meeting Requirements and Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. For any meeting conducted via electronic
				means, the Louisiana Educational Television Authority shall ensure compliance
				with all requirements outlined in
				R.S.
				42:17.2(C).
B. The Louisiana Educational Television
				Authority shall not conduct any more than one-third of its open meetings via
				electronic means, and will only conduct successive meetings via electronic
				meetings as needed.
C. A schedule
				of meetings identifying which will be conducted via electronic means and which
				will be conducted as in-person meetings shall be posted on the agency's website
				at
www.lpb.org
on an annual basis,
				however, such schedule is subject to change at the chair's
				discretion.
D. All members of the
				Louisiana Educational Television Authority, whether participating from the
				anchor location or via electronic means, shall be counted for the purpose of
				establishing a quorum and may vote.
E. An online archive of any open meetings
				conducted via electronic means shall be maintained and available for two years
				on the agency's website at
www.lpb.org
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:2504(A),
				  R.S.
				  17:2505(3),
				  R.S.
				  42:14,
				  R.S.
				  42:17.2, and
				  R.S.
				  42:17.2.1.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 1 - Educational Television Authority › Section XXIII-107 - Disability Accommodations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Although an open meeting may be scheduled as in-person, the Louisiana
				Educational Television Authority is obligated to provide for participation via
				electronic means on an individualized basis by people with
				disabilities.
B. People with
				disabilities are defined as any of the following:
1. a member of the public with a disability
				recognized by the Americans with Disabilities Act (ADA);
2. a designated caregiver of such a person;
				or
3. a participant member of the
				agency with an ADA-qualifying disability.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter A - Public Participation via Teleconference or Videoconference › Section XXIII-301 - Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each public body
				  shall include an email address, for receiving requests for a disability based
				  accommodation, within the notice and agenda for the meeting.
B. Each public body shall email the notice
				  and agenda including the public link and email address for requests for ADA
				  recognized disability accommodations to any member of the public or news media
				  who requests notice of meetings of the public body.
C. Prior notice containing instructions for
				  virtual participation for members must be provided to each member at least
				  24-hours in advance of a meeting. The notice must include, at a minimum:
1. the online platform being used by the
				  public body;
2. registration
				  information, hosting URL, and passwords (if applicable); and
3. the name and phone number of the person
				  responsible for questions and/or technical support for virtual
				  participation.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter A - Public Participation via Teleconference or Videoconference › Section XXIII-303 - Public Comments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written
				  public comments may be submitted electronically either prior to the meeting or
				  during any meeting via electronic means.
B. Oral public comments may be made by
				  members of the public during the meeting.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter A - Public Participation via Teleconference or Videoconference › Section XXIII-305 - Accommodation of Public Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public body shall post a link on its
				  website where documents related to the meeting may be accessed by members of
				  the public.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter B - Members of a Public Body Participation in Open Meetings › Section XXIII-307 - Accommodations Provided for Member Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All members of the body shall be provided
				  all reasonable accommodations necessary for him or her to participate in the
				  meeting in accordance with
				  R.S.
				  42:11 et seq., or current law.
1. The ADA accommodation(s) granted to a
				  member of a public body shall be valid for the duration of the member's term,
				  or a shorter period upon written notice by the member that the accommodation is
				  no longer needed.
2. Subject to the
				  requirements of
				  R.S.
				  42:14 or current law, the department shall
				  post a registration form on its website requesting registration for an
				  accommodation to attend for the next open meeting.
a. The registration form shall allow the
				  member of the public to specify their accessibility/accommodation needs and the
				  registration form shall provide a reasonable deadline in advance of the public
				  meeting for submission of such requests.
4. Subject to the requirement of
				  R.S.
				  42:14 or current law, after a request for ADA
				  accommodation is received by the deadline described in §107 A. 3. a, and
				  if the public body does not have the capability to allow a member of the public
				  with a disability recognized by the ADA or a designated caregiver of such a
				  person to participate in its meetings virtually as defined in
				  R.S.
				  42:17.2, or current law, the department shall
				  postpone the meeting no later than 24 hours prior to the meeting to facilitate
				  viable alternative methods for a member of the public with the ADA recognized
				  disability or a designated caregiver of such a person to participate in its
				  meetings. Once a viable alternative method is developed, the department shall
				  issue notice of the new meeting date as prescribed in
				  R.S.
				  42:11 et seq., and include instructions for a
				  viable alternative method(s) of participation for the public to accommodate the
				  requests for ADA accommodation(s).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter B - Members of a Public Body Participation in Open Meetings › Section XXIII-309 - Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public body
				  shall count all members of the public body attending the meeting via
				  teleconference or videoconference for purposes of achieving a quorum, if the
				  member(s) in attendance is/are in compliance with
				  R.S.
				  42:11 et seq., or current law.
B. If any member of the public body
				  participating via teleconference or videoconference, in accordance with
				  R.S.
				  42:11 et seq., or current law, experiences
				  technical problems, the presiding officer shall recess the meeting until the
				  member of the public body is able to reconnect or resolve the technical
				  problem.
C. If a quorum is lost
				  because of technical problems, the public body shall take no further action.
1. The meeting shall be recessed until the
				  member of the public body is able to rejoin the meeting either via
				  teleconference of videoconference.
2. If the member of the public body is unable
				  to rejoin within one hour of the time connectivity was lost, the meeting shall
				  be adjourned.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter B - Members of a Public Body Participation in Open Meetings › Section XXIII-311 - Voting

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a member of a
				  public body is participating via videoconference in accordance with
				  R.S.
				  42:11 et seq., or current law, he or she
				  shall be visible to cast a vote.
B.
				  If a member of a public body cannot be visible at the time a vote is taken and
				  is participating via videoconference in accordance with
				  R.S.
				  42:11 et seq., or current law, he or she
				  shall state his or her full name and his or her vote.
C. Notwithstanding any provision of
				  R.S.
				  42:11 et seq., or current law, that requires
				  a member of a public body to be physically present in order to be counted for a
				  quorum and to participate and vote in a meeting, a member of a public body who
				  has a disability recognized by the ADA shall be allowed to participate and vote
				  in a meeting via electronic means as defined in
				  R.S.
				  42:17.2 or current law.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXIII - ADA Accessibility › Chapter 3 - Department of Health › Subchapter B - Members of a Public Body Participation in Open Meetings › Section XXIII-321 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each public body
				  may develop and implement policies and procedures that are consistent with
				  these regulations for members of a public body participating via teleconference
				  or videoconference in accordance with
				  R.S.
				  42:11 et seq., or current law.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 1 - Administration Procedure › Section I-101 - Market Bulletin Subscriber Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				fee for a yearly subscription to the
Louisiana Market Bulletin
shall not exceed the annual cost of publication and distribution.
B. The subscription fee shall be paid by the
				subscriber to the Department of Agriculture and Forestry annually at the time
				the subscription is ordered or renewed. Upon payment of the subscription fee,
				the subscriber shall be entitled to 26 issues of the
Louisiana Market
				Bulletin
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  43:31.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 1 - Administration Procedure › Section I-103 - Agriculture Chemistry Lab Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				There is hereby established and henceforth shall be a fee paid by the users of
				the Louisiana Agricultural Chemistry Laboratory, which fees shall be known as
				laboratory fees and they shall be as follows.
Pesticide Residue Samples
Up to $100 per analysis
Pesticide Formulation Samples
Up to $ 50 per analysis
Water Samples
Up to $ 35 per analysis
Feed, Fertilizer and Lime Samples
Up to $ 40 per analysis
All Other Samples
Up to $ 50 per analysis
1. Each
				laboratory procedure will be, for purposes of this regulation, considered a
				separate analysis.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 1 - Administration Procedure › Section I-105 - Petitions for Adoption, Amendment or Repeal of Rules; Form and Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Petitions for
				the adoption, amendment or repeal of rules or regulations shall be submitted to
				the commissioner of Agriculture and Forestry, 5825 Florida Boulevard, Baton
				Rouge, LA 70806.
B. Petitions must
				be in writing and shall state the name and address of an individual who may be
				contacted relative to the contents of the petition.
C. Petitions shall fairly state the action
				sought. If the petitioner seeks to amend or repeal an existing rule or
				regulation, the petitions shall cite said rule or regulation.
D. In the case of adoption of wholly new
				rules and regulations, petitions shall state the law granting the authority for
				the adoption of the proposed rules and regulations.
E. Petitions for the adoption, amendment or
				repeal of rules or regulations shall be considered within the time period
				provided for in the Administrative Procedure Act. Petitions shall either be
				denied in writing, stating reasons for the denial, or rule-making proceedings
				initiated in accordance with said Act.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  46:953.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 1 - Administration Procedure › Section I-107 - Emergency Airstrip for Agricultural Purposes Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Creation. There is hereby established
				within the Department of Agriculture and Forestry a program to designate
				certain roads as emergency airstrips to aid in the use of aircraft for
				agricultural purposes to be known as the "Emergency Airstrip for Agricultural
				Purposes Program."
B. Declaration
				of Emergency
1. The department may declare an
				agricultural emergency to exist which requires the use of portions of
				designated roads as airstrips for agricultural purposes when conditions are
				such that agricultural turf airstrips are rendered unavailable for safe
				use.
2. Each declaration of
				agricultural emergency shall be in writing and contain a declaration number,
				the date, and a list of the portions of designated roads which may be utilized
				as airstrips during the agricultural emergency.
3. The department shall provide a copy of the
				declaration to the sheriff and police jury for the parish in which each of the
				designated roads is located, and the aviation division of the State Department
				of Transportation and Development (hereinafter referred to as "DOTD") prior to
				utilization of the emergency airstrip. If the designated road is a state road,
				a copy of the declaration should also be provided to the communications center
				at State Police Headquarters and to the secretary of DOTD. If a designated road
				is located on the parish line, a copy of the declaration must be provided to
				the sheriff and police jury for both parishes.
4. The appropriate law enforcement entity as
				set forth in Paragraph B.3 above shall be responsible for implementing security
				and safety requirements for road traffic during periods when a road designated
				for use as an emergency airstrip to aid in the use of aircraft for agricultural
				purposes is actually utilized for that purpose. At a minimum, the appropriate
				law enforcement entity shall have at least one officer at the site and signs
				shall be placed at each end and at all approach ramps of a designated road to
				notify persons that the road is designated for use as an emergency airstrip to
				aid in the use of aircraft for agricultural purposes. The officer will insure
				that whenever aircraft are in the process of landing, taking off, or taxiing,
				there shall be no movement of vehicles on the emergency airstrip or within 500
				feet of each landing threshold of the emergency airstrip. The enforcement
				entity providing said officer shall have the option of cost recovery for
				services from the party requesting use of the emergency airstrip.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 2 - Rebates of Registration Fees › Section I-201 - Findings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				of Agriculture and Forestry has the duty and authority to promote, protect, and
				advance Louisiana agriculture and to promote the building of Louisiana using
				Louisiana products. The constitution and laws of Louisiana grant the
				commissioner this authority both generally and particularly. Among the
				particular subject matters entrusted to the commissioner for the foregoing
				objectives is the regulation of pesticides. The preservation of a safe supply
				of pesticides and of the local capacity to manufacture pesticides is essential
				to maintain agricultural production year after year while some pestilences
				subside as new ones arise. Although registering labels of pesticides serves the
				above stated objectives, the pesticide registration fees the Department of
				Agriculture and Forestry charges for such registration may in some cases impose
				a burden that impairs the above stated objectives. The commissioner finds that
				in order to promote and protect Louisiana agriculture and Louisiana products it
				is appropriate and expedient to permit pesticide manufacturers to apply for a
				rebate of the pesticide registration fee and to receive such rebate under those
				circumstances provided for in this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with La. Const. Art. 4 §10; and
				  R.S.
				  3:2(A), 3(B), 14(B), 1652,
				  1732, and 3203 (A).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 2 - Rebates of Registration Fees › Section I-203 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pesticide
				manufacturer having paid the pesticide registration fee required by
				R.S.
				3:3221(A) may make written
				application to the Department of Agriculture and Forestry on a form provided by
				said department for a rebate of not more than 50 percent of each pesticide
				registration fee paid by the pesticide manufacturer. This application must be
				submitted:
1. at the time of registration;
				or
2. at any time on or before
				December 31 of the year of registration; or
3. prior to July 1, 1998 where the
				application is for a rebate of a pesticide registration fee paid in
				1997.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part I - Administration › Chapter 2 - Rebates of Registration Fees › Section I-205 - Issuance of Rebates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt
				of a written application for a rebate of the pesticide registration fee, the
				commissioner may grant a rebate of not more than 50 percent of each pesticide
				registration fee and thereafter may rebate same to the pesticide manufacturer
				if the commissioner finds, based upon the application submitted by the
				pesticide manufacturer, public records and facts subject to official notice,
				that:
1. the pesticide registration fee is
				likely to impose a hardship or undue burden on the pesticide manufacturer;
				and
2. the operations of the
				pesticide manufacturer substantially benefit the economy of Louisiana and
				employment therein; and
3. the
				pesticide manufacturer maintains and utilizes an active Environmental
				Protection Administration pesticide producer establishment number which shall
				be exhibited on each label of pesticide for which a rebate is being requested;
				and
4. the pesticide manufacturer
				registered 20 or more products in the current year or registered the same
				number of products as in the previous year plus two or more new
				registrations.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-103 - Administration of LAFA's Affairs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				LAFA officers shall be a chairman, vice-chairman, and secretary who shall serve
				terms of one year but may be elected for an indefinite number of
				terms.
B. After the initial
				election of officers, the officers shall be elected at LAFA's regular meeting
				during the first quarter of the year.
C. In the absence of the chairman at any LAFA
				meeting, the vice-chairman shall preside.
D. LAFA shall hold at least one meeting
				during each quarter of the year but may meet more frequently upon the call of
				the chairman.
E. LAFA meetings
				shall normally be held at its domicile but may be held at other locations upon
				the determination of the chairman or the will of the members.
F. There shall be no voting by
				proxy.
G. The chairman shall
				designate a hearing officer, who may or may not be a LAFA member, to preside at
				all adjudicatory proceedings. The chairman may, if he so desires, serve as
				hearing officer at any such proceeding. All adjudicatory proceedings held by
				LAFA shall be conducted in accordance with the Administrative Procedure
				Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:266.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-105 - Program Authorization; Applicability of Federal Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. State Statutes. The Louisiana Direct
				Placement Agricultural Revenue Bond Program is authorized by Louisiana Revised
				Statutes of 1950, Title 3, Chapter 3-B, Sections 261-283 These statutes permit
				funding by Agricultural Revenue Bonds of a wide range of agricultural
				loans.
B. Federal Statutes.
				However, Federal income tax law contains provisions which restrict the type of
				projects which may be financed through the Louisiana program. In order for
				LAFA's bonds to qualify as tax-exempt bonds under the code, each bond and each
				loan is subject to the restrictions contained in the code, particularly the
				provisions of
				Section
				103(b)(6) and
				regulations promulgated by IRS pursuant thereto.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:262,
				  R.S.
				  3:266,
				  R.S.
				  3:270 and
				  Section
				  103(b)(6) of
				  the Internal Revenue Code of 1954, as
				  amended.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-107 - Projects Eligible for Loans Funded with LAFA Bond Proceeds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Loan proceeds
				may be used for acquisition, construction, reconstruction, equipping or
				installation of any property which, under the code, is eligible for a
				depreciation allowance or chargeable, for federal income tax purposes, to a
				capital account (or that would be chargeable to a capital account either with a
				proper election by the borrower or but for a proper election by the borrower),
				including but not limited to the following.
1. Improvements to real estate such as land
				clearing, fencing, land forming, land leveling, terracing, wells and water
				impoundment, subject to an approving opinion of nationally recognized bond
				counsel.
2. Acquisition of
				depreciable personal property used in:
a. a
				farmer's or rancher's trade or business, including but not limited to:
i. new equipment, such as tractors, combines,
				plows, rakes, cultivators and related equipment; trucks and pickups;
ii. irrigation systems, including center
				pivot operations and equipment for ditch operations;
iii. buildings used to shelter livestock,
				store equipment, store and preserve grain, such as cribs, bins; and equipment
				used to dry grain, such as grain dryers and seed cleaners; and
iv. breeding stock, such as bulls, heifers,
				dairy cows, boars and sows;
b. an individual's or company's agribusiness,
				including but not limited to cotton gins, grain elevators, sugar mills and
				equipment contained therein; meat or crawfish processing plants; and related
				equipment.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-109 - Projects Ineligible for Loans Funded with LAFA Bond Proceeds; Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. LAFA bonds may
				not be used for the following purposes, except as provided under this rule:
1. land acquisition, except that:
a. 25 percent of a loan may be used to
				acquire non-farm land; and
b.
				first-time farmers may utilize a maximum of $250,000 in loan proceeds to
				purchase land to be used for farming; if
i.
				the borrower meets the definition of
first-time farmers
contained in §101;
ii. the borrower
				will be the
principal user
(as defined in §101) of the land;
				and
iii. the borrower will
				materially and substantially participate in the operation of the farm of which
				the land is a part;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-111 - Maximum Amount of Agricultural Loans for Capital Expenditures

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section
				103(b)(6) of
				the code restricts use of tax-exempt bonds to small issues, which thereby
				limits the principal amount of the corresponding loans. To determine whether a
				bond is eligible under the established limits, the code requires that certain
				sums be added to the principal amount of the bond. Therefore, the following
				amounts must be subtracted from the established limit to determine the maximum
				principal amount of bonds and corresponding loans:
1. $1,000,000 Limit. If:
a. the facilities to be financed with
				proceeds of LAFA bonds are located in the same incorporated municipality or in
				unincorporated areas of the same parish (i.e., the same political subdivision);
				and
b. the
principal
				user
as defined in
				§101 of the property financed by a prior
				bond issue was the borrower or a related person, the sum of the following may
				not exceed $1,000,000 (but see also
				§111. A 2):
i. the face amount of the bond to be issued;
				plus
ii. the remaining principal
				balance(s) of any loan(s) granted to the borrower or a related person of the
				borrower with proceeds of earlier bond issues (regardless of the issuer) which
				were exempt from taxation under
				Section
				103(b)(6) of
				the code.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-113 - Minimum Amount of Bonds/Agricultural Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minimum amount of loans originated by
				any one lender shall be $10,000.
B.
				The minimum amount of a loan shall be $10,000.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:266,
				  R.S.
				  3:270 and
				  Section
				  103(b)(6) of
				  the Internal Revenue Code of 1954, as
				  amended.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-115 - Lenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility
				Requirements
1. The lender must be an entity
				listed in §101 and must be
				experienced in originating and servicing agricultural loans.
2. The lender must be qualified and in good
				standing under all state and federal laws applicable to lenders.
3. Within the past three years, the lender
				cannot have been listed on the federal comptroller's Supervised or Watch List,
				or any substantially similar listing of any state or federal regulatory agency
				responsible for regulating banks and financial institutions.
4. Each lender must be approved by LAFA prior
				to participating in the program; LAFA retains the right to reject any lender,
				even though that lender meets the minimum requirements established by these
				regulations, or to accept a lender which does not meet these minimum
				requirements.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-117 - Borrowers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each borrower
				must be eligible to receive a loan with proceeds of LAFA bonds. See in
				particular definitions of principal user and related person contained in
				§101 hereof in order to make a
				determination as to each borrower's eligibility.
B. Each borrower must be approved by the
				lender to whom the borrower makes application for a loan; lenders shall apply
				the same criteria for approval of borrowers applying for loans to be funded
				with proceeds of LAFA bonds as they apply to borrowers in the lenders'
				conventional agricultural loan program.
C. The borrower must expend the proceeds of
				loan solely to finance the project described in the offer and the loan terms
				schedule and not for any other purpose.
D. The borrower or a related person of the
				borrower must be the
principal user
(as defined in
				§101 hereof) of the project.
E. A borrower will not be eligible for a loan
				if prior to LAFA's written acceptance of the offer and adoption of an intent
				resolution, the borrower or any related person of the borrower has taken any of
				the following actions:
1. commenced
				acquisition or construction to be financed with loan proceeds;
2. entered into any building agreement or
				purchase agreement covering the facilities to be constructed with loan
				proceeds;
3. commenced the
				installation or acquisition of any property to be acquired with loan
				proceeds;
4. commenced any on-site
				work in connection with construction of the project to be financed with loan
				proceeds; or
5. commenced any
				off-site fabrication or acquisition of any portion of the project to be
				financed with loan proceeds.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-119 - Required Terms and Conditions for Loans Funded with Proceeds of LAFA Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms and
				conditions of each loan, except as required under this rule, shall be
				determined by the lender and the borrower, but are subject to LAFA approval
				prior to acceptance of the offer.
B. Each loan must be secured by a promissory
				note (the loan note) in the full principal amount of the loan and such other
				security as may be required by the lender.
C. The maximum loan term shall be the lesser
				of 30 years or 100 percent of the average reasonably expected economic life of
				personal property to be financed with the proceeds of the LAFA bond, using IRS
				Asset Depreciation Guidelines provided by LAFA in the loan terms schedule. The
				minimum average life of the bonds shall not be less than five years.
D. The agreement between lender and borrower
				must require payments sufficient to meet the debt service requirements of the
				bond (i.e., in principal and interest). The loan repayment schedule (amount and
				due date of each payment) must be approved by LAFA prior to acceptance of the
				offer.
E. The lender and the
				borrower will determine the rate of interest to be charged on the agricultural
				loan subject to
				§119 F, but such rate of interest must be
				approved by LAFA prior to acceptance of the offer. The interest rate agreed on
				by the lender and the borrower must be stated in the offer.
F. Interest rates on loans may be either
				fixed or variable.
1. A variable interest
				rate may not exceed 85 percent of the prime
interest rate
, as
				defined in §101:
a. on the date of
				disbursement of loan proceeds; or
b. on any subsequent date when the interest
				rate for the loan is established for a subsequent period.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part III - Agricultural Finance › Chapter 1 - General Provisions › Section III-121 - Fees Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
				Fee
1. Each borrower must pay an application
				fee to cover LAFA's cost of processing the loan application. The application
				fee is non-refundable.
2. The
				application fee shall be paid by the borrower to the lender and transmitted to
				LAFA by the lender when the offer is submitted.
3. The amount of the application fee is
				determined by the total principal amount of the loan requested, as follows.
a. Loans of $25,000 or less
$ 50
b. Loans of $25,001 to $200,000
$100
c. Loans of more than $200,001
$200