2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:90.4 - Methodology for flood-control project evaluation

§90.4. Methodology for flood-control project evaluation

            A.(1) Applications for funding of any flood-control projects under the Statewide Flood Control Program may be submitted by any duly authorized municipal, parish, or other governing authority. Applications shall be made to the office of engineering by October first of each year, for consideration of funding in the following fiscal year. Pre-applications may be submitted at any time throughout the year but shall be received no later than May first of each year to be eligible for consideration of funding in the next program approval as provided in this Section. In the event that a flood disaster declaration has been issued by the governor for a municipality or parish, no later than September first of the year immediately following the gubernatorial flood disaster declaration, the Department of Transportation and Development shall send notice by registered or certified mail to the governing authority of that municipality or parish containing information regarding the application procedures and deadlines to submit eligible flood control projects in that particular municipality or parish. The governing authority of the municipality or parish shall submit an application for funding to the office of engineering by October first of the year following the declaration. Applications submitted in accordance with the provisions of this Chapter shall not be subject to the provisions of R.S. 39:101. Sponsoring authorities with a population of fifty thousand persons or more shall be responsible for the preparation of applications for their respective projects. For sponsoring authorities with a population of less than fifty thousand persons, the office shall prepare the applications for the projects, or the sponsoring authority may prepare its application in the event the office cannot accomplish required engineering services in a timely manner. Information to be provided in the application shall include but not be limited to the following:

            (a) Description of magnitude of the flooding or drainage problem and demonstration of immediate need for the project.

            (b) Preliminary project design and cost estimate.

            (c) Description of project area including the geographical area affected, land ownership information, soils and vegetation, relationship of affected area to geologic floodplains and flood-prone areas, and flooding history.

            (d) Regulatory permit requirements, if any.

            (e) Project area classification either urban or rural.

            (f) Benefit-cost information.

            (g) Consideration given to nonstructural techniques for reducing flood damages.

            (h) The impact of the project on agricultural lands and the feasibility of including agricultural irrigation development in the project.

            (i) Statement of sponsorship.

            (j) Any negative and positive impact on adjacent parishes both upstream and downstream from the project.

            (2) Project applications shall not be subjected to formal review and evaluation until the information required in the application has been submitted or is unavailable.

            B.(1) Applications shall be reviewed by the office of engineering, the Coastal Protection and Restoration Authority, the division of administration, the United States Soil Conservation Service, and any other appropriate state agencies.

            (2) Projects shall then be systematically evaluated by a flood control project evaluation committee consisting of the assistant secretary of the office of engineering, the director of the Louisiana Geological Survey, and the commissioner of the division of administration, or their designated representatives. The assistant secretary of the office of engineering shall chair the evaluation committee and the office of engineering shall provide staff support for the program. The following criteria may be considered in the evaluation:

            (a) Reduction of threat to human lives.

            (b) Benefit-to-cost information.

            (c) Technical feasibility.

            (d) Ability of sponsor to secure necessary permits.

            (e) Agricultural uses affected.

            (f) The impact on adjacent areas, both upstream and downstream from project.

            (g) Population and effect on existing developments.

            (h) Flooding history, location with respect to flood-prone areas and geologic floodplains.

            (i) Compatibility with federal, state, and other local projects and plans within the hydrologic basin.

            (j) The effectiveness of the project in protecting existing development without encouraging expansion of development into flood hazard areas.

            (k) Local support for the project.

            C. Procedures for review and evaluation shall be developed by the Flood Control Project Evaluation Committee. Prior to implementing the review and evaluation procedures the evaluation committee shall secure the approval of these procedures by the Joint Committee on Transportation, Highways and Public Works consistent with the requirements of R.S. 49:968. These procedures and a set of guidelines for completing project applications shall be made available to all eligible authorities as defined in this Chapter prior to March 1, 1983.

            Added by Acts 1982, No. 351, §1; Acts 1983, No. 224, §1. Acts 1984, No. 519, §1; Acts 1993, No. 98, §1, eff. May 26, 1993; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2004, No. 33, §2; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2006, No. 11, §4; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2012, No. 753, §5; Acts 2015, No. 28, §1; Acts 2017, No. 360, §1; Acts 2018, No. 384, §1.

NOTE: See Section 2 of Acts 1983, No. 224, §1.