La. Admin. Code tit. 56 § III-2305

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-2305 - Approval Process

A. The proposed design-build projects shall be processed for approval on a first-come first-served basis.

B. A port seeking to participate in the design-build pilot program shall retain a design professional for each proposed project. The design professional shall prepare a design criteria package for each proposed project. The design professional and the design criteria package shall meet all requirements set forth in R.S. 34:3523

C. If the port is seeking approval for the project pursuant to the Port Priority Program, the port shall comply with all applicable rules relative to Port Priority Program projects.

D. If the port is not seeking participation in the Port Priority Program, the following rules shall apply.

1. A completed design criteria package must be submitted to the department prior to submission to the joint legislative committee for approval, along with a resolution from the governing authority for the port verifying its commitment to complete the design-build project and which contains a statement that the port has the funding necessary to do so.

2. The department is responsible for ensuring the design package contains all of the elements required by R.S. 34:3523. The department will not recommend approval for the design-build project, nor will the department be responsible for making findings relative to the accuracy of the information provided in the design criteria package.

3. If the department determines that the design criteria package is complete and the resolution from the governing authority for port is sufficient, it shall issue a letter to the port stating same. The letter shall serve as authorization for the port to submit the design criteria package and the resolution to the joint legislative committee for approval. The design criteria package and resolution shall be submitted to the joint legislative committee within 30 days of publishing the notice of intent as required by R.S. 34:3523(c).

4. The port shall notify the department of the outcome of the joint legislative committee.

a. If the project is approved or if the joint legislative committee fails to act within 60 days from receipt of the proposed project, the port so shall notify the department and may proceed with implementation of the project.

b. All aspects of the project must comply with all applicable laws, rules and regulations relative to the design-build pilot program including, but not limited to, R.S. 34:3523.

D. Unless the design-build project is also a Port Priority Program project, the department shall not participate in or monitor the project beyond the application and approval processes.

E. Procedures for Withdrawal of Projects

1. If after receiving approval for the proposed project, the port elects not to proceed with the construction of the project, the governing authority for the port shall provide the joint legislative committee and the department with written notice that it is withdrawing its project from the pilot program.

2. Once the project is withdrawn by the port, the project is no longer eligible for the design-build pilot program without resubmitting the design criteria package to the department and the joint legislative committee for approval. Any such resubmitted project shall be placed in line behind all other pending project approvals received by the department.

La. Admin. Code tit. 56, § III-2305

Promulgated by the Department of Transportation and Development, Office of Multimodal Planning, LR 39:118 (January 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3523.