§388.1. Class II and III Rail Infrastructure Improvement Program

            A.(1) The Class II and III Rail Infrastructure Improvement Program is hereby created within the department.

            (2) The program shall be made available to Class II and III railroads for rail improvement needs to maintain efficient rail service on the rail network and to implement recommendations in the Louisiana Freight Mobility Plan and State Rail Plan. Eligible projects include but are not limited to:

            (a) Track, equipment, signaling, and right-of-way acquisition and preservation.

            (b) Rail line relocation and improvement.

            (c) Multimodal connector enhancements and supporting facilities.

            (d) Highway-rail grade crossing and associated equipment improvements.

            (e) Planning, engineering, and design for selected projects.

            (3) Funding through the grant program shall be subject to, but not limited to the following criteria:

            (a) The availability of funds.

            (b) A comparative needs analysis of requested projects as determined by the department.

            (c) Demonstrable public benefits to be achieved by the project.

            (d) A minimum fifty percent match provided from sources other than the Transportation Trust Fund.

            B.(1) Transportation Trust Fund money may be used for the administrative expenses to promulgate rules and regulations to implement the program. Transportation Trust Fund monies including the monies deposited into the Construction Subfund shall not be appropriated for a project approved in this program, provided that other state or federal revenue may be utilized and appropriated for projects approved in this program.

            (2) The department is authorized to compete for, receive, accept, administer, and manage federal and other funds in furtherance of this program.

            C. Repealed by Acts 2019, No. 222, §2.

            D. The department shall, in accordance with the Administrative Procedure Act, promulgate rules and regulations to implement this Section, which shall include, but not necessarily be limited to, the following:

            (1) Project submission.

            (2) Project evaluation and selection.

            (3) Program administration.

            (4) Distribution of funds.

            E.(1) Prior to the convening of each regular session of the legislature, beginning with the 2020 Regular Session, the department shall prepare and shall submit a priority list of projects requesting state funds for the ensuing fiscal year to the Joint Committee on Transportation, Highways and Public Works which shall hold a public hearing for the purpose of reviewing the priority list of projects for the coming fiscal year. Subsequent to the joint committee hearing and prior to the convening of the regular session, the department shall prepare the final program for the coming fiscal year for submission to the joint committee. When this final program, as approved by the joint committee, is presented to the legislature for funding for the coming fiscal year, the legislature shall not add any projects to this final construction program except as provided in Paragraph (2) of this Subsection.

            (2) If the governing authority of a parish, or of any local unit of government, or a railroad obtains ninety percent or more funding for a railroad project from federal sources or from sources other than state funds, the legislature may give priority to funding the remaining amount necessary for the project, even if the project is not on the priority list of projects.

            (3) If the department has no projects for the Class II or III Rail Infrastructure Improvement Program, the department shall notify the joint committee and no public hearing shall be necessary and a final construction program for the ensuing year shall not be furnished to the joint committee.

            (4) Except as provided in Paragraph (3) of this Subsection, each year, beginning with the fiscal year commencing in 2020, the department shall submit to the joint committee a final Class II or III Rail Infrastructure Improvement Program to be commenced in the ensuing fiscal year, which shall be based upon the anticipated revenues to be appropriated by the legislature, and listed in an order of priority of the projects herein.

            (5) The department also shall provide to the joint committee annually a supplemental list of projects proposed to be commenced within the ensuing four years which are in various stages of planning and preparation. The supplemental list shall be subject to change by the department until the department finally approves each project for construction.

            Acts 1997, No. 1170, §1; Acts 2019, No. 222, §§1, 2.