La. Roads, Bridges and Ferries § 48:2073

Current with changes from the 2024 Legislative Session

Section 48:2073 - Definitions

Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:

(1) "Act" means the Louisiana Transportation Authority Act.

(2) "Affected local jurisdiction" means any parish or municipality in which all or a portion of a qualifying transportation facility is located.

(3) "Asset management" means a systematic process of operating and maintaining the state system of highways by combining engineering practices and analyses with sound business practices and economic theory to achieve cost-effective outcomes, including ordinary, preventive, and rehabilitative maintenance activities.

(4) "Authority" means the Louisiana Transportation Authority created by this Chapter.

(5) "Board" means the board of directors of the authority.

(6) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the authority to finance projects.

(7) "Comprehensive agreement" means the comprehensive agreement between a private entity and the authority pursuant to the provisions of this Chapter.

(8) "Department" means the Department of Transportation and Development.

(9) "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand any portion of a project approved according to the provisions of this Chapter.

(10) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.

(11) "I-49 Project" means the project for Interstate 49 North from Interstate 20 in the city of Shreveport to the Louisiana/Arkansas border and Interstate 49 South from Interstate 10 in the city of Lafayette to the West Bank Expressway in the city of New Orleans.

(12) "Material default" means any default by the private entity in the performance of its duties which jeopardizes delivery of adequate service to the public from a qualifying transportation facility and which remains unsatisfied after the authority provides reasonable written notice to the private entity and lapse of a reasonable period of time without correction.

(13) "Multimodal transportation facility"means a transportation facility consisting of two or more modes of transportation.

(14) "Operate" or "operation" means to finance, maintain, improve, equip, modify, repair, or operate a qualifying transportation facility.

(15) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.

(16) "Private entity" means a corporation, limited partnership, general partnership, limited liability company, joint venture, business trust, or other business entity.

(17) "Project" means any capital project undertaken pursuant to this Chapter, including but not limited to the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, or operation of a tollway and the I-49 Project. "Project" shall not include the roadway known as the West Bank Expressway in Jefferson Parish.

(18) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.

(19) "Public entity" means and includes the state of Louisiana, or any agency, authority, board, commission, department, district or public corporation of the state, created by the constitution or statute, or any local governmental subdivision or political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana. Public entity shall not include any public service company.

(20) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.

(21) "Qualifying transportation facility" means one or more transportation facilities developed or operated by a private entity pursuant to this Chapter.

(22) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.

(23) "Responsible public entity" means a public entity authorized by the laws of this state to develop or operate a transportation facility.

(24) "Revenue" means:

(a) Any income, revenue, toll, earnings, user fees, lease payments or service payments, and receipts arising out of or in connection with a project or qualifying transportation facility or derived or to be derived from the construction and operation of projects by the authority or received by the authority from any other sources whatsoever.

(b) Monies generated by way of contract, pledge, donation, or bequest.

(c) Monies of the authority generated by taxes which are authorized to be assessed and levied by the legislature or any electorate.

(d) Monies transferred to the authority by the state treasurer from the Unclaimed Property Leverage Fund created pursuant to R.S. 9:165.

(e) Monies received from the federal government, public entity, private entity, investor, or from any agency of such entities in aid of a transportation facility.

(25) "Secretary" means the secretary of the Department of Transportation and Development.

(26) "Service contract" means a contract entered into between the authority and a private entity pursuant to this Chapter.

(27) "Service payments" means payments to the private entity in connection with the development or operation of a qualifying transportation facility pursuant to a service contract.

(28) "State" means the state of Louisiana or any agency or instrumentality thereof.

(29) "State-designated project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of the state highway system or related facilities, and shall include the I-49 Project.

(30) "State highway system" means all roadways, highways, bridges, or tunnels which constitute the state highway system.

(31) "Toll" means any fee or charge for the use of a tollway.

(32) "Tollway" means any highway, bridge, tunnel, or other transportation facility constructed or operated by the authority.

(33) "Transitway" means any fixed guideway facility involving the use of rail.

(34) "Transportation facility" means a highway, limited access facility, ferry, airport, mass transit, rail or port facility, or similar facility used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances and other features necessary to operate such facility or associated with its purposes.

(35) "User fees" mean the rates, fees or other charges imposed by the private entity for use of all or a portion of a qualifying transportation facility pursuant to the comprehensive agreement.

La. Roads, Bridges and Ferries § 48:2073

Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 304, §1.

Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. 6/29/2005; Acts 2006, No. 304, §1.