reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 5 - Plugging and Sealing of Abandoned Water Well Holes › Section I-533 - Enforcement Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provisions
				addressing enforcement of this Chapter appear in
				R.S.
				38:3097.3, as follows:
1. Whoever knowingly and willingly violates a
				provision of this Chapter, or a rule, regulation or order of the director or a
				board hereunder, shall be subject to a civil penalty of not more than $1,000 a
				day for each day of violation and for each act of violation if a penalty for
				the violation is not otherwise provided in this Chapter.
a. The place of suit to recover this penalty
				shall be selected by the director or board, as may be appropriate, in the
				district court of the parish in which any one of the defendants resides, or in
				the district court of the parish where the violation took place.
b. Suit shall be at the discretion of the
				director or board as may be appropriate and shall be instituted and conducted
				in his or its name by the attorney general or by the district attorney of the
				district under the direction of the attorney general.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-701 - Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. As announced in
				the October 1985 issue of the
Louisiana Register
, the rules
				and regulations, stated herein, were prepared by the Louisiana Department of
				Transportation and Development, Office of Public Works, in accordance with
				R.S.
				38:3094(7)(A). Effective
				January 1, 2010, in accordance with Act 437 of 2009, The Department of Natural
				Resources, Office of Conservation, hereafter referred to as "department," is
				responsible for registering water wells and holes in Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3094.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-703 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				the rules and regulations, stated herein, is to conserve the ground water
				resources of the state by requiring that the owner install control devices on
				free flowing water wells (for glossary of terms, refer to §113. A of this
				Chapter) the owner shall install a flow control device on each free flowing
				water well in accordance with the rules and regulations stated in this
				Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3094.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-705 - General Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				rules and regulations, stated herein, apply to all free flowing water wells. A
				free flowing well is an artesian well which is allowed to flow, under natural
				conditions, at or above the land surface.
B. Exemptions. The following water wells are
				exempt from the provisions of this Chapter:
1.
				free flowing water wells in existence prior to January 1, 2012; however, wells
				reworked after January 1, 2012 shall not be exempt;
2. water wells producing saline water in
				connection with oil and gas production.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-707 - Responsibility of the Owner

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				owner shall be the party responsible for installing a flow control device on
				each free flowing water well.
B.
				The owner shall allow representatives of the department to enter the property
				and visit the well site to verify the installation of a control device, or
				inspect the completed work.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3094.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-709 - Responsibility of the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				At the request of a parish police jury or other governmental entity, the
				department may make a survey to locate and report on the location of free
				flowing water wells.
B. The
				department may enter into a financial cooperative agreement with the parish
				police jury or other governmental entity to have control devices installed on
				those free flowing water wells which produce over 25,000 gallons per
				day.
C. The department shall, in no
				way, be held responsible for a well "sanding up" or failing to yield water
				after a control device is installed on the well.
D. The department, upon receiving information
				on the existence of a free flowing water well, shall proceed as follows:
1. if a control device is required, the
				department will issue an order to the owner to require the installation of a
				control device on the well within 90 calendar days from the date of the said
				order. When the installation of the control device is completed, the owner
				shall apprise the department, in writing, within 30 calendar days after
				completion of work.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-711 - Failure of Responsible Party to Install a Control Device

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the owner fails to comply with the
				department's order concerning installation of a control device within the
				90-day time period or does not offer, in writing, an acceptable alternative
				time interval for installing such a device, the owner will be considered in
				violation of
				R.S.
				38:3094(A)(7), which permits
				a civil penalty of not more than $1,000 a day for each day of violation and for
				each act of violation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3094.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part I - Water Wells › Chapter 7 - Installing Control Devices on Free Flowing Water Wells › Section I-713 - Enforcement Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provisions
				addressing enforcement of this Chapter appear in Louisiana Revised Statute
				38:3096, as follows.
1. Whoever knowingly and
				willfully violates a provision of this Section, or a rule, regulation, or order
				of the director or a board hereunder, shall be subject to a civil penalty of
				not more than $1,000 a day for each day of violation and for each act of
				violation, if a penalty for the violation is not otherwise provided in this
				Section.
a. The place of suit to recover this
				penalty shall be selected by the director or board, as may be appropriate, in
				the district court of the parish of the residence of any one of the defendants,
				or in the district court of the parish where the violation took
				place.
b. Suit shall be at the
				direction of the director or board, as may be appropriate, and shall be
				instituted and conducted in his or its name by the attorney general or by the
				district attorney of the district under the direction of the attorney
				general.
c. Whoever knowingly and
				willfully aids or abets a person in the violation of a provision of this
				section, or in any rule, regulation, or order made hereunder, shall be subject
				to the same penalties provided herein for the principal violator.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-101 - Purpose of Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. This rule
					 establishes procedures by which governmental entities may nominate water supply
					 and water pollution control projects for priority of funding through specific
					 legislative appropriation for the purposes indicated in
					 R.S.
					 38:32 B(11). The rule also defines the
					 procedures by which the Office of Public Works (OPW) shall rank in priority
					 order of funding the various projects nominated by governmental entities, based
					 on the recommendations (Regional Reports) of the state's eight regional
					 planning commissions. OPW shall submit an annual report of this recommended
					 project priority ranking to the governor, the house Committee on
					 Transportation, Highways and Public Works and the senate Committee on
					 Transportation, Highways and Public Works, and the Joint Legislative Committee
					 on the Budget by January 15 of each calendar year.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following terms shall have the meanings ascribed
						to them in this rule.
Annual Report
- the report submitted by
						January 15 of each calendar year by the Office of Public Works to the governor
						and committees of the legislature pursuant to the requirements of
						R.S.
						38:34, which report contains a ranking in
						priority order for funding the various water resources projects of governmental
						entities based on the recommendations (Regional Reports) of the state's eight
						regional planning commissions.
Construction
- entering into a contract
						for erection or physical placement of materials, piping, earthwork or buildings
						which constitute a project as defined in these regulations.
Entity
- any municipality, parish,
						special district or other political subdivision or combination thereof having
						the authority to own and operate a project.
Fiscal Year
- the state fiscal year
						during which priority of funding is recommended for projects in the annual
						report by the Office of Public Works. Fiscal year refers to the time period
						beginning on the July 1 following the date on which an annual report is
						submitted, and ending on June 30 of the following calendar year.
OPW
- the Office of Public Works of the
						Department of Transportation and Development.
Planning Commission
- one of the state's
						eight regional planning commissions created pursuant to the authorization
						provided in Subpart C of Part IV of Chapter 1 of Title 33 of the Louisiana
						Revised Statutes of 1950.
Project
-
a. any engineering undertaking or work to conserve and
						develop surface or subsurface water resources of the state for any useful and
						lawful purpose by the acquisition, improvement, extension, or construction of
						water storage projects and filtration and treatment plants;
b. any system necessary to distribute water from storage
						to points of distribution or filtration and treatment plants;
c. any facility for the distribution of water from
						storage or filtration and treatment plants to wholesale or retail
						purchasers;
d. any sewerage system to improve or develop sewage
						treatment, collection, or distribution capabilities consistent with provisions
						of
						R.S.
						38:32.
Regional Report
- the report submitted by
						September 16 of each year by each of the state's eight regional planning
						commissions to the Office of Public Works, which report contains a list of
						projects recommended for funding during the fiscal year beginning on the
						following July 1, and which report ranks in order of priority those projects
						needing and deserving of project funding.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-107 - Eligible Sponsors of Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Any entity may request that one or more projects be considered and ranked in
					 priority order by the planning commission having jurisdiction.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-109 - Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. By not later
					 than January 15 of each calendar year, OPW shall prepare an annual report to
					 the governor, the house Committee on transportation, Highways and Public Works,
					 and the Joint Legislative Committee on the Budget. The annual report shall
					 contain a list of projects ranked in priority order of funding, a statement of
					 project needs and benefits and the rationale for priority ranking.
B. The list of projects ranked in priority
					 order shall be based on the priority ranking system described in these
					 regulations, and the regional reports received each year from the planning
					 commissions.
C. The prospective
					 time period during which the annual report requests priority of funding for the
					 various projects listed therein is during the state fiscal year which begins on
					 the July 1 following the annual report filing date.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-111 - Regional Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
					 notification by OPW, the planning commissions shall prepare and submit to OPW
					 by September 16 of each year a regional report. The regional report shall
					 contain a list of projects located within the jurisdiction of the planning
					 commission ranked in the priority order of funding recommended by the
					 commission along with application forms and supporting documents for each
					 project listed in the regional report.
B. On or about March 1 of each year, each
					 planning commission shall solicit project proposals (applications) from
					 entities within the planning commission's area of jurisdiction, and establish
					 deadlines for the receipt of applications and supporting documents for projects
					 to be included in the current regional report.
C. Planning commissions shall return to
					 applicant entities any incomplete or incorrect project applications. Planning
					 commissions may defer listing in the regional report any projects with
					 inadequate application information.
D. Projects in the regional report shall be
					 ranked by the planning commission in the order of priority of funding
					 recommended by the commission beginning with the project most needing and
					 deserving of funding. Comparative ranking of projects by the planning
					 commission shall be according to the priority system described in these
					 regulations using guidelines acceptable to and approved by OPW.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-113 - Projects Eligible for Priority of Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. All projects in the Annual Report of OPW
					 are eligible for priority of funding during the subject fiscal year depending
					 upon the amount of funds, if any, which may be appropriated for the
					 purpose.
B. Projects properly
					 included and ranked in a regional report may be included in an annual report
					 and thus be eligible for priority of funding.
C. A project eligible for priority of funding
					 may be a part or phase of a multi-part construction program extending several
					 years into the future. Each project (phase) for which priority of funding is
					 requested must be able to provide the benefits claimed in the
					 application.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-115 - Projects Excluded from Priority of Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following projects are not eligible
					 for inclusion in an annual report:
1.
					 projects eligible for funding under the Hazardous Waste "Superfund"
					 Program;
2. projects eligible for
					 funding under the Statewide Flood Control Program;
3. projects listed in a previous Annual
					 Report and for which a state grant under the provisions of Act 625 of 1983 has
					 already been offered;
4. projects
					 for which there is an incomplete or incorrect application including supporting
					 documents;
5. projects which are
					 not included in a regional report of a regional planning commission.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-117 - Project Costs Eligible for Priority Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following project costs are eligible
					 for priority of funding in the annual report:
1. project costs related to the achievement
					 of the water resource management purposes for which priority ranking is
					 established in the annual report;
2. the construction costs of a project
					 including architectural and engineering costs for preparing construction plans
					 and specifications;
3. the cost of
					 acquiring land necessary to construct a project. The state of Louisiana shall
					 receive a lien against the proceeds of any subsequent sale of land so acquired
					 in an amount equal to the percent of state cost-share at purchase.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-119 - Project Costs Not Eligible for Priority Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following costs are not eligible for
					 priority funding:
1. construction costs for
					 facilities not needed to achieve the water resources management purposes for
					 which priority ranking is established in the annual report;
2. operation and maintenance costs, ordinary
					 repairs, laboratory services and facilities planning.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter A - Priorities for Funding of Water Resources Projects › Section III-121 - Applications for Priority of Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Entities desiring priority of funding for
					 proposed projects may file requests with the planning commission in whose area
					 of jurisdiction an applicant entity is located (see following list). The annual
					 filing deadline with the regional planning commissions is June 30. The
					 application for each project should be on a form and in the format approved by
					 OPW, and shall contain all of the essential information prescribed in program
					 guidelines and procedures published by OPW.
The Eight Regional Planning Commissions
								  and the Parishes within the Respective Geographic Areas
District Number 1: New Orleans Regional Planning
								  Commission
Jefferson
St. Tammany
St. Bernard
Orleans
Plaquemines
District Number 2: Capital Economic Development
								  District Council, Inc. and Capital Regional Planning Commission
Ascension
East Baton Rouge
East Feliciana
Iberville
Livingston
West Feliciana
Pointe Coupee
St. Helena
Tangipahoa
Washington
West Baton Rouge
District Number 3: South Central Planning and
								  Development Commission
Assumption
Lafourche
St. Charles
St. James
St. John the Baptist
Terrebonne
District Number 4: Evangeline Economic and
								  Planning District Council, Inc.
Evangeline
Lafayette
St. Martin
St. Mary
St. Landry
Vermilion
Acadia
Iberia
District Number 5: Imperial Calcasieu Regional
								  Planning and Development Commission
Allen
Beauregard
Calcasieu
Cameron
Jefferson Davis
District Number 6: Kisatchie-Delta Regional
								  Planning and Development District
Winn
Grant
LaSalle
Rapides
Vernon
Concordia
Catahoula
Avoyelles
District Number 7: The Coordinating and
								  Development Corporation
Bienville
Bossier
Caddo
Claiborne
DeSoto
Lincoln
Natchitoches
Red River
Webster
Sabine
District Number 8: North Delta Regional Planning
								  and Development District, Inc.
Caldwell
East Carroll
Franklin
Jackson
Madison
Morehouse
Ouachita
Richland
Tensas
Union
West Carroll
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-123 - General Overview

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following procedures shall be used by the Office of Public Works and the
					 Regional Planning Commissions to rank projects in descending order of priority.
					 Priority rank will be determined by the numerical value of points assessed to
					 each project according to the urgency of need (base value) with additional
					 priority value points added thereto for comparative benefits to be realized,
					 the ability of the entity sponsor to finance without capital assistance,
					 economic needs and other considerations in the project area, past measures by
					 the entity to limit waste and conserve water, and the relationship and
					 consistency of the project to the state's policy for water resources
					 management.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-125 - Base Priority Value

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each project
					 for which a request for priority is received by a planning commission is given
					 a base priority point value depending on the urgency of need. Situations
					 involving an acute and serious threat to community health and safety shall
					 receive highest base point numerical values. The table shall be used for
					 determining the base priority point value of each project.
Base Priority Value Table*
Order
of
Need
Project
Priority
Value
Points
1st
Immediate and Substantial Hazards in Community
								  Drinking Water Systems:
a. Quality Hazards [Acute and Serious exceedance
								  of the maximum contaminant level (MCL), or structural defect which cause
								  immediate jeopardy of serious MCL violations, such as bacteria, heavy metals
								  and organic toxins, but not slight exceedance of fluoride, chloride and
								  dissolved solids MCLs]
4 to 4.9
b. Quantity Hazards [acute and serious drinking
								  water shortages endangering health of community].
3 to 3.9
2nd
Immediate Community Needs [Water Supply or
								  sewerage facilities to correct an existing water quality standards violation or
								  high risk of system failure]
2 to 2.9
3rd
Short Range Community Needs [Water Supply or
								  sewerage facilities for community development]
1.5 to 1.9
4th
Long Range Water Resources Projects [Flow
								  augmentation, aquifer recharge, impoundments, land treatment, barriers, etc.]
1 to 1.4
*Complete details available upon request from
								  the Office of Public Works.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-127 - Priority Value Points for Comparative Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. To the base priority value indicated for
					 each project according to the preceding table is added additional numerical
					 value for each of the following purposes:
1.
					 an amount not to exceed 1.0 in value, representing the ratio of persons
					 benefitted directly by the project per $100 of total project cost (including
					 federal grant cost share, if any). This additive value factor encourages
					 projects with the greatest public benefit;
2. a bonus in the amount of 10 times the
					 decimal value by which the federal, local and other non-state shares of the
					 project cost exceed 75 percent of the total project construction costs. For
					 example, a project with 90 percent federal and local funding would receive a
					 bonus of 10 x (0.90 - 0.75) = 1.5 points. This bonus encourages and rewards a
					 maximum use of available federal, entity and private funding
					 resources.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-129 - Priority Value Points to "Needing and Deserving" Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. After determining project priority value
					 for each candidate project according to the base priority value table found in
					 §125, each planning commission shall then consider the relative merits of each
					 project requesting funding, including past and present measures to conserve and
					 use wisely the locally available water resources. The relative needs of each
					 project entity, including local unemployment rates, median family income and
					 prospective economic benefits accruing from the project shall also be
					 considered. Each planning commission may then add to the priority value score
					 of four projects in the region:
1. 4.0 points
					 for the most needing and deserving project;
2. 3.0 points for the second most needing and
					 deserving project;
3. 2.0 points
					 for the third most needing and deserving project;
4. 1.0 point for the fourth most needing and
					 deserving project.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-131 - Regional Priority Ranking

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 planning commission shall then rank all projects in priority order beginning
					 with the project having the highest total priority point score and ending with
					 the lowest. In the event of tie scores, lower cost projects shall be ranked
					 ahead of higher cost projects. This list of projects in the recommended order
					 of priority for funding shall be included in the regional report.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-133 - Ranking of Projects by the Office of Public Works

Current through Register Vol. 50, No. 6, June 20, 2024
A. OPW, upon receipt of the regional reports
					 containing recommended project priority ranking from the planning commissions,
					 shall rank all recommended projects in priority order according to priority
					 value. OPW may add up to 4.0 priority value points on one or more of the
					 nominated projects so as to achieve priority ranking order that is consistent
					 with overall state water resources management plans and to insure that a
					 minimum of 5 percent and a maximum of 30 percent of the recommended priority
					 project funds in each fiscal year is allocated to projects in each of the eight
					 planning commission districts. OPW shall also add priority value points to
					 specific projects, if necessary, so that the first projects in priority order
					 on the list are one project from each of the eight regional planning districts
					 nominating projects for priority of funding.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-135 - Verification of Need

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 application of an entity claiming project priority due to an immediate and
					 substantial hazard in the community drinking water system shall contain a
					 certificate from the state health officer or his duly authorized representative
					 verifying existence of the hazard. Any entity claiming priority due to
					 violation of a state or federal water quality standard or criterion shall
					 provide, in the application for priority of funding, statements or other
					 documentation from the appropriate state or federal regulatory agencies
					 verifying the conditions claimed.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-137 - Conservation of Resources Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Planning commissions and OPW shall give
					 full consideration to past and present efforts by an entity to limit waste and
					 conserve water in comparing need for a requested project with other requested
					 projects.
B. Entities requesting
					 priority of funding for a project shall provide assurance in the application
					 for assistance that all appropriate water conservation measures will be taken,
					 including consumer usage metering, service charges based on usage, leak
					 detection and control systems, ordinances requiring use of water conserving
					 plumbing fixtures and valves, etc.
C. An entity experiencing an acute or
					 immediate need due to neglect, wastage or failure of entity to properly
					 maintain existing facilities, shall not receive high priority base value due to
					 the hazard thus created.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-139 - Accurate Cost Estimates Required

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Entities requesting priority of funding shall provide accurate estimates of
					 project costs.
B. The state shall
					 retain the entire amount of overestimated state and local project costs up to
					 the total amount of any state grant.
C. Any grant monies retained by the state may
					 be used to increase grants to other funded priority projects which encounter
					 actual project construction costs exceeding estimated costs.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 1 - Funding of Water Resources › Subchapter B - Project Priority Ranking System › Section III-141 - Regulatory Agency Approvals

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Entities requesting project priority shall assure compliance with all state and
					 federal rules and regulations applicable to a project of the type undertaken,
					 including those pertaining to financing, construction, maintenance and operator
					 certification. No state grant funds shall flow to a project unless all required
					 approvals and permits, including preconstruction permits, are obtained by the
					 entity.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 38:30 et
						seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter B - Pre-Application Evaluation › Section III-303 - Pre-Application Review and Evaluation Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Evaluation Committee will be
					 responsible for the review and evaluation of pre-applications. The reasons for
					 reviewing and evaluating the pre-applications are to determine the following:
1. whether there is documented evidence of
					 flood damages under existing conditions;
2. whether the sponsoring authority is
					 requesting DOTD assistance in preparing the full application;
3. whether the proposed solution (if one has
					 been developed) appears to be eligible for funding under this
					 program;
4. whether the sponsoring
					 authority is willing to assume responsibility for its share of the cost within
					 4 years of acceptance into the program.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter C - Evaluation of Proposed Projects and Distribution of Funds › Section III-315 - Project Evaluation Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The Evaluation Committee will compile a priority ranked list for the projects
					 in each rural district and projects within urban areas each funding year. For
					 evaluation purposes, the project classifications concern the characteristics of
					 the benefitted area, not the design criteria or the contributing drainage area.
					 The two project classifications are urban and rural. The urban category
					 includes projects located in the Shreveport, Monroe, Alexandria, Lake Charles,
					 Lafayette, Baton Rouge, Houma, Hammond, New Orleans, Mandeville-Covington, and
					 Slidell urban areas as shown in Figure 1 above. The rural category includes
					 every other project that is not within a classified urban area. The evaluation
					 will be based on a combination of rating procedures described
					 hereinafter.
B. The priority
					 ranking of each project will be based on multiplying the scores of Parts A and
					 B of the Application Evaluation Forms. Using the combined scores, the
					 Evaluation Committee will produce a program priority list. The priority list
					 will be forwarded to the Joint Legislative Committee on Transportation,
					 Highways and Public Works.
C.
					 Procedure for Application Evaluation Form-Part A
1. The Evaluation Committee will review each
					 application and score it according to the following categories and maximum
					 points.
a. Documentation of Flood Problem-20
					 maximum points
b. Local Support-5
					 maximum points
c. Technical
					 Feasibility-45 maximum points
d.
					 Prevention of Loss of Life and Improved Public Safely-5 maximum
					 points
e. Environmental Effects and
					 Impact on Development-15 maximum points
f. Projects Recommended but not Funded-10
					 maximum points
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter C - Evaluation of Proposed Projects and Distribution of Funds › Section III-317 - Project Application Review and Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Flood Control Project Evaluation
					 Committee will review applications between October 1 and the following April 1.
					 During the review period, the Joint Legislative Committee on Transportation,
					 Highways, and Public Works will conduct public hearings to solicit comments on
					 projects being considered for funding and will determine the venue for the
					 hearings.
B. During this time, the
					 Evaluation Committee will also receive from the Joint Legislative Committee on
					 Transportation, Highways, and Public Works a projected funding level for the
					 construction program of the coming year.
C. Based on the information gathered at the
					 public hearings and the application evaluations, the Evaluation Committee will
					 submit a list of recommended projects to the Joint Legislative Committee, on
					 the basis of the distribution of funds described below.
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  38:90.1 et.
						  seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter C - Evaluation of Proposed Projects and Distribution of Funds › Section III-319 - Distribution of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maximum
					 Statewide Flood Control Program participation is $5,000,000 per project, unless
					 the secretary of DOTD authorizes a project to be undertaken in excess of
					 $5,000,000 due to the receipt of one-time funds.
B. The distribution of program funds is based
					 on a two-tiered system consisting of:
1.
a. the eleven major urban areas in Louisiana
					 as shown in Figure 1 (§301); and,
b. the five funding districts shown in Figure
					 2 (§303);
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter C - Evaluation of Proposed Projects and Distribution of Funds › Section III-321 - Redistribution Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the
					 event that there are an insufficient number of approved projects in a
					 particular rural district, the available funds will be redistributed to the
					 other rural districts.
B. All
					 excess funds shall be redistributed to other districts on a pro rata basis
					 based on each funding district's percentage of rural project funds (Table 4 of
					 this chapter).
C. If funds
					 allocated to the five funding districts are remaining after all approved rural
					 projects have been funded, any remaining funds may then be used to fund
					 approved but unfunded projects in urban areas.
D. If funds allocated to urban areas are
					 remaining after all approved urban projects have been funded, any remaining
					 funds may then be used to finance rural projects and shall be allocated in the
					 same fashion as any funds initially allocated to these districts.
E. In the event that funds become available
					 due to the expiration of the four-year period allowed sponsoring authorities to
					 generate local matching funds, those funds previously set aside will be
					 redistributed in the same manner as described above.
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  38:90.1 et.
						  seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter C - Evaluation of Proposed Projects and Distribution of Funds › Section III-323 - Legislative Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Joint
					 Legislative Committee on Transportation, Highways and Public Works will submit
					 to the legislature a construction program. As specified by Act 351 of 1982, the
					 legislature may delete any project that it believes was not selected in
					 accordance with the guidelines of the Act. The legislature may not make any
					 additions or substitutions to the construction program.
B. Projects recommended by the Evaluation
					 Committee but not funded by the legislature will remain on the Evaluation
					 Committee's recommendation list for a period of up to four years. These
					 projects must compete with all other remaining projects from previous funding
					 years (up to four years) and new projects in subsequent funding years. However,
					 projects recommended but not funded will be awarded 2.5 points (10 points
					 maximum) for each year since the first filing of the project application.
Table 2
Example Distribution of Funds
								  for
Hypothetical $10 Million Construction
								  Program
District
Total
District Total
Urban Areas
$4,500,000
-
Rural Districts
$5,500,000
--
Northwest
$1,494,185
Northeast
$923,780
Southwest
$1,010,240
South Central
$1,092,630
Southeast
$979,165
Total
$10,000,000
$5,500,000
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  38:90.1 et.
						  seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter C - Evaluation of Proposed Projects and Distribution of Funds › Section III-325 - Construction and Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 sponsoring authority designated as a recipient of program funds must enter into
					 an agreement with DOTD prior to the initiation of construction of a project and
					 awarding of funds. This agreement stipulates what must be followed during all
					 construction phases of the project, operation and maintenance, as well as the
					 sponsoring authorities' obligations under
					 R.S.
					 38:91. Policies and procedures that must be
					 adhered to are detailed in the
Statewide Flood Control Program
					 Procedural Manual for Funded Projects
made available to all sponsoring
					 authorities designated to receive program funding.
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  38:90.1 et.
						  seq.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 3 - Statewide Flood Control Program › Subchapter D - Rural Grant Opportunity Program › Section III-327 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
					 describes the requirements of eligibility for participation in the Rural Grant
					 Opportunity Program.
1. In order to be
					 considered for the Rural Grant Opportunity Program, the authority shall also
					 submit a resolution declaring its financial inability to satisfy the local
					 match requirement of
					 R.S.
					 38:90.9(A)(4). The
					 resolution shall include a sworn affidavit executed by the authority's private
					 certified public accountant certifying that, after an examination of the
					 authority's financial records, monies are not available out of the accumulated
					 unreserved earnings generated by the authority to meet the local match
					 requirement.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 5 - Funding Applications › Section III-501 - Guidelines and Procedures for Applications for State Funding Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Statewide Flood
				  Control Program
1. The requests for Statewide
				  Flood Control Program funds far exceed the amount of money made available each
				  year. In an effort to best utilize the available funds, the following time
				  schedules shall be incorporated into project development.
Task
Maximum Time, Years
1. Execution of Agreement Between DOTD and
								Sponsor
1/2
2. Application of Permits
1
3. Submittal of Preliminary Plans
2
4. Submittal of Draft Final Plans, Specifications
								and Cost Estimate
3
5. Acquisition of Rights-of-Way Permits and Utility
								Relocation and Securing the Funding for the Sponsor's Portion of the
								Project
3 1/2
6. Advertising for Bids and Awarding of
								Contract
4
2.
				  If an approved project is authorized to be separated into multiple phases, all
				  subsequent phases must have been advertised for bids within three years of the
				  final acceptance resolution of the previous phase.
3. The date of the letter from the chairman
				  of the Flood Control Evaluation Committee advising the sponsor that his project
				  has been funded shall be used as the beginning point in determining the amount
				  of time that has elapsed.
4. In the
				  event a task or phase is not completed within the maximum time allotted, the
				  agreement between DOTD and the sponsor shall be canceled and the state funds
				  that were allocated for the proposed project shall be reallocated.
5. If the sponsor wishes to continue with the
				  project, the sponsor shall be required to submit an updated application. If the
				  sponsor fails to submit an updated application within two years of the date the
				  agreement was canceled, the sponsor will be deemed to have abandoned the
				  project and it will be removed from the program.
6. The updated application will be treated as
				  a new application and must follow the same programmatic procedures for applying
				  for funding.