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HLS 26RS-734 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 776
BY REPRESENTATIVE BOURRIAQUE
PORTS/HARBORS/TERMINALS: Modifies the Port Construction and Development
Priority Program
1 AN ACT
2 To amend and reenact R.S. 34:3452(A)(1)(introductory paragraph) and (D), 3453,
3 3457(A)(introductory paragraph) and 3473 and to enact R.S. 34:3451(6) through (8)
4 and 3457(C), relative to the Port Construction and Development Priority Program;
5 to modify the entities the department can contract with to assist in the development
6 of the port priority program; to provide for the maximum amounts allotted to port
7 projects; to provide for definitions; to direct the Louisiana State Law Institute to
8 alphabetize and renumber definitions; to provide for proper notice of public hearings;
9 to require a local match based on the appropriate project category; and to provide for
10 related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 34:3452(A)(1)(introductory paragraph) and (D), 3453,
13 3457(A)(introductory paragraph) and 3473 are hereby amended and reenacted and R.S.
14 34:3451(6) through (8) and 3457(C) are hereby enacted to read as follows:
15 §3451. Definitions
16 As used in this Chapter, unless the context clearly indicates otherwise, the
17 following definitions shall apply:
18 * * *
19 (6) "Benefit cost ratio" means the total benefits divided by the total cost of
20 a project with the total cost being equal to the total investment, both public and
21 private, required to implement the total project and derive the benefits and with total
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1 benefits being equal to the revenues and expenses, number of jobs, payroll benefits,
2 spin-off benefits of payroll, shipping costs, or any other benefits that are
3 determinable.
4 (7) "Large project" means a project with a total project cost between forty
5 million dollars and eighty million dollars with a benefit cost ratio greater than or
6 equal to five, a return on the state's investment greater than or equal to three and one
7 half, and a private investment of between twenty-five and fifty percent of the total
8 project cost.
9 (8) "Standard project" means a project with a benefit cost ratio greater than
10 or equal to one and a return on the state's investment greater than or equal to two and
11 three hundred seventy-five thousandths.
12 §3452. Methodology for port project evaluation
13 A.(1) Applications for funding of any port construction or development
14 project may be submitted by any port authority on a quarterly basis, except as
15 provided in R.S. 34:3456. Applications shall be submitted to the department no later
16 than the first of March, June, September, and December of each calendar year for
17 consideration of funding or funding obligation authority in the following fiscal years.
18 Applications submitted in accordance with the provisions of this Chapter shall be
19 subject to the provisions of R.S. 39:101 through 128. The maximum amount for
20 participation in standard projects shall be twenty-one million dollars, with a
21 maximum allotment of seven million dollars per year per port and the maximum
22 amount for participation in large projects shall be thirty-three million dollars, with
23 a maximum allotment of eleven million dollars per year per port. Information to be
24 provided in the application shall include but not be limited to the following:
25 (a) Description of the project and demonstration of immediate need for the
26 project.
27 (b) Preliminary project design and cost estimate.
28 (c) Description of project area.
29 * * *
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1 D. The department may contract with the Louisiana State University Ports
2 and Waterways Institute any state college or university for any of the duties
3 associated with the development of the port priority program, including but not
4 limited to the development, review, and evaluation of plans and specifications, and
5 the development of the port priority program list. However, development of and
6 authority over the final determination of the port priority list shall remain with the
7 department and the joint committee as provided in this Chapter.
8 * * *
9 §3453. Priority list of projects; public hearings; final program
10 Each quarter, the department shall prepare and shall furnish a prioritized list
11 of projects, based on the applications received by the department during that quarter,
12 to the joint committee. The joint committee shall receive the prioritized list of
13 projects from the department for each of the first three quarters of the year, and shall
14 call a public hearing within thirty days of receiving the list in order to receive public
15 testimony regarding any project on the list. At such hearing, the joint committee
16 shall vote to either accept, reject, or modify the list. Each quarter, the department
17 shall reprioritize the list of projects to reflect the cumulative list of projects
18 recommended by the department. After application recommendations for the last
19 quarter are made by the department, the department shall submit the final port
20 construction and development priority program for the ensuing fiscal year to the
21 joint committee for approval. Prior to the convening of the regular session of the
22 legislature, the joint committee shall hold a public hearing for the purpose of
23 reviewing the final program for the ensuing fiscal year. Prior to such hearing, the
24 department shall publish the appropriate official notice in the necessary journals
25 Official Journal of the State, as provided for in R.S. 43:81, beginning on July 1,
26 2027. The final program shall be based upon the anticipated revenues to be
27 appropriated by the legislature or other funding obligation authority and the projects
28 shall be listed in order of priority. When this final construction program is presented
29 to the legislature for funding or funding obligation authority for the ensuing fiscal
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1 year, the legislature shall not add any projects to this final construction program.
2 Any project recommended by the department and approved by the joint committee
3 but for which funds are unavailable in the fiscal year for which it was approved shall
4 remain on the prioritized list of projects and shall be carried forward to the next
5 fiscal year. Such project shall retain its place on the prioritized list of projects and
6 shall receive a higher priority over newly recommended projects in the next fiscal
7 year.
8 * * *
9 §3457. Allocation, reallocation of funds; deposit to Transportation Trust Fund
10 A. The Transportation Trust Fund shall be the source of state funds provided
11 for any port project on the priority list approved pursuant to the provisions of this
12 Chapter. Prior to the commencement of any work, the department shall require the
13 presiding officer of each port authority involved in a project to execute an agreement
14 and statement of sponsorship to provide a ten percent the local match requirement
15 in the appropriate category of projects pursuant to Subsection C of this Section for
16 the cost of construction of the project including the cost of any items stipulated under
17 the provisions of Paragraph (1) of this Subsection. The department shall further
18 stipulate that such agreement include but not be limited to the following:
19 * * *
20 C. The following project categories shall require the stipulated local match
21 as defined by the department:
22 (1) A Standard Project will require a ten percent local match.
23 (2) A Large Project will require a twenty percent local match, subject to the
24 legislature allocating additional Transportation Trust Fund dollars to the Port
25 Construction and Development Priority Program.
26 * * *
27 §3473. Priority list of projects; public hearings; final program
28 Each quarter, the office shall prepare and furnish to the joint committee a
29 prioritized list of projects based on the applications received by the office during that
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1 quarter. The joint committee shall receive the prioritized list of projects from the
2 office for each of the first three quarters of the year, and shall call a public hearing
3 within thirty days of receiving the list in order to receive public testimony regarding
4 any project on the list. At such hearing, the joint committee shall vote to either
5 accept, reject, or modify the list. Each quarter, the office shall reprioritize the list of
6 projects to reflect the cumulative list of projects recommended by the office. After
7 application recommendations for the last quarter are made by the office, the office
8 shall submit the final waterway dredging and deepening priority program for the
9 ensuing fiscal year to the joint committee for approval. Prior to the convening of the
10 regular session of the legislature, the joint committee shall hold a public hearing for
11 the purpose of reviewing the final program for the ensuing fiscal year. Prior to such
12 hearing, the office shall publish the appropriate official notice on the department's
13 website in the Official Journal of the State, as provided for in R.S. 43:81, beginning
14 on July 1, 2027. The final program shall be based upon the anticipated revenues to
15 be appropriated by the legislature or other funding obligation authority and the
16 projects shall be listed in order of priority. When this final construction program is
17 presented to the legislature for funding or funding obligation authority for the
18 ensuing fiscal year, the legislature shall not add any projects to this final construction
19 program. Any project recommended by the office and approved by the joint
20 committee for which funds are unavailable in the fiscal year but for which it was
21 approved shall remain on the prioritized list of projects and shall be carried forward
22 to the next fiscal year.
23 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
24 alphabetize and renumber the definitions contained in R.S. 34:3451 and to correct any cross-
25 references to the renumbered paragraphs if necessary, consistent with the provisions of this
26 Act.
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HB NO. 776
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 776 Engrossed 2026 Regular Session Bourriaque
Abstract: Modifies certain procedures the Department of Transportation and Development
utilizes in the Port Construction and Development Priority Program.
Present law (R.S. 34:3451) provides for definitions.
Proposed law adds the following definitions:
(1) "Benefit cost ratio" means the total benefits divided by the total cost of a project with
the total cost being equal to the total investment, both public and private, required
to implement the total project and derive the benefits and with total benefits being
equal to the revenues and expenses, number of jobs, payroll benefits, spin-off
benefits of payroll, shipping costs, or any other benefits that are determinable.
(2) "Large project" means a project with a total project cost between $40 million and
$80 million with a benefit cost ratio greater than or equal to five, a return on the
state's investment greater than or equal to three and ½, and a private investment of
between 25% and 50% of the total project cost.
(3) "Standard project" means a project with a benefit cost ratio greater than or equal to
one and a return on the state's investment greater than or equal to 275/1000 and
375/1000.
Present law (R.S. 34:3452(A)) provides that applications for funding of any port construction
or development project may be submitted by any port authority on a quarterly basis, except
as provided in present law. Further requires applications to be submitted to the Dept. of
Transportation and Development (DOTD) no later than the first of March, June, Sept., and
Dec. of each calendar year for consideration of funding or funding obligation authority in
the following fiscal years. Additionally requires that applications submitted be governed by
present law. Further requires information to be provided in the application pertaining to
certain requirements.
Proposed law requires the maximum amount for participation in standard projects be $21
million, with a maximum allotment of $7 million per year per port and the maximum amount
for participation in large projects be $33 million, with a maximum allotment of $11 million
per year per port.
Present law (R.S. 34:3452(D)) authorizes the DOTD to contract with the La. State University
Ports and Waterways Institute for any duties associated with the development of the port
priority programs, including but not limited to the development, review, and evaluation of
plans and specifications, and the development of the prior priority program list. Further
requires that the final determination of the port priority list remain with the DOTD and the
joint transportation committees.
Proposed law modifies present law to change from the La. State University Ports and
Waterways Institute as the only available contracting entity to any state college or university.
Present law (R.S. 34:3453)) provides for the DOTD's required procedure for public hearings
regarding port priority projects and the determination for the final program decision. Further
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requires that prior to the public hearings, the DOTD must publish the appropriate official
notice of the hearing in the necessary journals.
Proposed law retains present law but changes the publication of the official notice from the
necessary journals to the Official Journal of the State, beginning on July 1, 2027.
Present law (R.S. 34:3457(A)) requires the Transportation Trust Fund be the source of state
funds for any port project on the priority list approved in present law. Further requires that
prior to the commencement of any work, the presiding officer of each port authority
involved in a project execute an agreement and statement of sponsorship to provide a 10%
local match for the cost of construction of the project.
Proposed law removes the 10% local match requirement and replacing the requirement with
project categories, based on the difference percentage local matches.
Proposed law (R.S. 34:3457(C)) creates categories for projects that require a local match,
with different percentages for each category as follows:
(1) A standard project requires a 10% local match.
(2) A large project requires a 20% local match, subject to the legislature allocating
additional Transportation Trust Fund dollars to the Port Construction and
Development Priority Program.
Present law (R.S. 34:3473) provides for the DOTD's required procedure for public hearings
regarding dredging and deepening project evaluations and the determination for the final
program decision. Further requires that prior to the public hearings, the DOTD must publish
the appropriate official notice of the hearing on the dept.'s website.
Proposed law modifies present law by changing the publication of the official notice from
the dept.'s website to the Official Journal of the State, beginning on July 1, 2027.
Directs the La. State Law Institute to alphabetize and renumber definitions contained in
proposed law.
(Amends R.S. 34:3452(A)(1)(intro. para.) and (D), 3453, 3457(A)(intro. para.) and 3473;
Adds R.S. 34:3451(6)-(8) and 3457(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Make technical changes.
2. Add the definition of "benefit cost ratio" as the total benefits divided by the total
cost of a project with the total cost being equal to the total investment, both
public and private, required to implement the total project and derive the benefits
and with total benefits being equal to the revenues and expenses, number of jobs,
payroll benefits, spin-off benefits of payroll, shipping costs, or any other benefits
that are determinable.
3. Add the definition of "large project" as a project with a total project cost between
forty million dollars and eighty million dollars with a benefit cost ratio greater
than or equal to five, a return on the state's investment greater than or equal to
three and one half, and a private investment of between twenty-five and fifty
percent of the total project cost.
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4. Add the definition of "standard project" as a project with a benefit cost ratio
greater than or equal to one and a return on the state's investment greater than or
equal to two and three hundred seventy-five thousandths.
5. Add a requirement that the maximum amount for participation in standard
projects be twenty-one million dollars, with a maximum allotment of seven
million dollars per year per port and the maximum amount for participation in
large projects be thirty-three million dollars, with a maximum allotment of
eleven million dollars per year per port.
6. Add a start date of July 1, 2027 for the Department of Transportation and
Development to publish the official notices in the Official Journal of the State,
instead of necessary journals.
7. Remove that the categorized projects in proposed law not be funded by state
funds.
8. Add the requirement that large projects requiring a 20% local match is subject
to the legislature allocating additional Transportation Trust Fund dollars to the
Port Construction and Development Priority Program.
9. Delete "a very large project" from the categories requiring local matches.
10. Directs the La. State Law Institute to alphabetize and renumber definitions
contained in proposed law.
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