§ 38:90.4 — Methodology for flood-control project evaluation

Louisiana § 38:90.4

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§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. 49:966. 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.
NOTE: See Section 2 of Acts 1983, No. 224, §1.

Legislative History

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, 1 st 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.