§92. Financing projects through the capital outlay program

A. The state of Louisiana, in furtherance of its program of financing the state share of the cost of approved projects under the Statewide Flood-Control Program and one hundred percent of the cost of modifications to drainage structures located in state highway rights-of-way as provided in R.S. 38:90.9(4), hereby recognizes the state's responsibility to provide its share of project funding in a timely fashion under the following conditions:

(1) The project shall have been sponsored in a legal manner by a local agency or by two or more agencies jointly.

(2) The project shall have been approved through the legal steps of application, screening, and reviews under the statewide flood-control program.

(3) The project shall have been assured to the satisfaction of the state of Louisiana that adequate funding of the local agency share will be made available through the issuance of local agency bonds or other legal means of financing.

(4) The amount of state funds available for the project by the current statewide flood-control allocation is not sufficient to cover the state share of the cost of the segment or phase of the project which has been approved, particularly to include but not to be limited to pump stations, levee systems, control or relief gates, and other such unitized features of the project which cannot be practically built in smaller segments or which must be built in its complete form to serve its design function.

(5) The amount of state funds required for the approved segment or phase of the project cannot be confidently anticipated to be available in the subsequent three years funding allocations for the statewide flood-control program as needed to build or construct the entire unitized segment or phase that has been approved.

(6) The review and approval process for the statewide flood-control program shall have certified to the above stipulated conditions.

(7) All of the executive and legislative offices of the state of Louisiana required to review and approve the budget processes necessary for state appropriation of funds for both the statewide flood-control program and the capital outlay program shall have been presented with the information needed to include the funds required for the project or projects in the current budget for the capital outlay program.

B. In order to provide funds for statewide flood control projects under the conditions stipulated above, and where the approved project cannot be totally funded, within three fiscal years, based on the prior year's funding level, the budget of the capital outlay programs for the fiscal period for the Statewide Flood-Control Program in which the project or projects are approved may include funds over and above those provided in the statewide flood control budget, to carry out the state's responsibility for the state share of the funding of projects approved and one hundred percent of the funding for modifications to drainage structures located in state highway rights-of-way as stipulated in the provisions of this Chapter. Any such appropriation shall be approved by the House Committee on Ways and Means or the House Committee on Appropriations prior to submission for adoption by the House of Representatives, or be approved by the Senate Committee on Revenue and Fiscal Affairs or the Senate Finance Committee prior to submission to the Senate for approval.

Acts 1985, No. 968, §1; Acts 1995, No. 607, §1, eff. June 18, 1995; Acts 1999, No. 999, §1, eff. July 9, 1999.