La. Admin. Code tit. 70 § IX-307

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-307 - Project Prioritization Process

A. The prioritization of a project is a two-step process. The first step is to determine whether the project should be included in the priority process. The second step is to determine whether the information necessary for prioritization is available.

1. Project Pre-Applications. Pre-applications may be submitted annually to DOTD by close of business on September 1. DOTD may provide a cursory review of the airport sponsor's pre-application. Further, DOTD may discuss and provide comments relative to the project application, pertaining to any insufficient information or requirement for any additional documentation needed to ensure an efficient and successful prioritization of the requested project. Projects with insufficient information may be returned to the airport sponsor until required information is provided.

2. Project Applications. Project application documentation shall include the following:

a. project resolution from the airport sponsor requesting state assistance for the project and documenting any commitment from the airport sponsor to participate in the cost of the project financially (if applicable);

b. project scope, estimated cost, justification, and description of project area;

c. environmental clearance documentation or viable commerce benefits (if applicable);

d. any additional information from the airport sponsor necessary for prioritization of the project;

e. verification/documentation that the airport sponsor has a consultant/engineer under a professional service agreement to conduct the applied for work.

3. The airport sponsor shall hold a current agreement with an engineer or consultant to perform the work for the project(s) identified in the project application. If the airport sponsor does not hold a professional service agreement with an engineer or consultant to perform the work by November 1 of the application year, the project will not be prioritized for funding. Additionally, if the airport sponsor does not hold a professional service agreement with an engineer or consultant to perform the work by November 1 of the application year, the project may not be prioritized in the subsequent unfunded year. If additional information is required, DOTD may provide written notification to the airport sponsor. Additional information and official project applications shall be submitted to DOTD no later than close of business on November 1. If all of the necessary documents are not received by DOTD on November 1, the proposed project shall not be prioritized for funding consideration within the Airport Construction and Development Priority Program. For any project or projects that are not allowed to compete for funding based on the above criteria, those projects will need to be reapplied for during the next fiscal year program.

B. Once it has been determined that the project is eligible for state funding and all documentation has been provided, the next step is the assignment of point values to determine their relative priority. When point values are finalized, the project is placed into the priority system where it is ranked in relation to all other projects in the system.

C. The project components are also reviewed to determine if the project can be prioritized as one project or requires restructuring into more than one project. The project will be restructured into usable units if necessary. An example would be a request to lengthen a runway and extend the corresponding taxiway. The runway can be lengthened and is usable without the extension of the taxiway, so these may be considered as two projects in the priority system. An alternate example would be the extension of the runway's lighting system. This would be included with the runway extension as one project because the additional runway length cannot be used at night without the extended lighting.

D. The structure of the priority rating system is based on an evaluation of four categories:

1. Category I-project type;

2. Category II-facility usage;

3. Category III-sponsor compliance;

4. Category IV-special considerations.

E. Points are awarded to a project based on evaluation criteria in each category. The total evaluation score for the project is the sum of points in each category. Based on priority ratings of projects, a prioritized program of projects is developed by DOTD and submitted to the Joint Legislative Committee for Transportation, Highways and Public Works. This committee approves the program of projects, which becomes the capital improvement projects that will be implemented by DOTD in the next fiscal year. A project submitted after this approval, with a ranking high enough to place the project on the program of projects, cannot be added until a new program of projects is submitted to the committee the following year. A project submitted after this approval shall follow the project prioritization process for the following fiscal year. However, a project receiving "other than" state funds may receive a state match in accordance with R.S. 2:803(B), if funds are available as determined by DOTD. If DOTD determines that funds are not available, but all required documentation for this project are complete, the project can be placed on the following fiscal year priority program for funding.

F. Legislation requires a priority system to prioritize projects in a logical order for addressing documented needs in the state's public airport system. The priority system is a process that has been developed to allocate state aviation funding to address these needs. The system reflects the state's development policy for the airport system, assigning higher values to projects, which are consistent with the policy.

G. Prioritized projects which have been approved for state funding but due to lack of federal matching funds or other reasons, do not have an executed sponsor-state agreement within six months, beginning July 1 of the fiscal year in which the project was approved by the legislature, shall be canceled from the funded program. The project shall be resubmitted under the project prioritization application process to compete for funding in subsequent years. Funds which had been approved for a canceled project will be reallocated to any other prioritized project the legislature has approved as needed. Such funds may be used to cover project overruns. Project overrun funding eligibility shall not exceed fifteen percent of the total construction portion of the grant for construction related overages or exceed fifteen percent of the total engineering portion of the grant for engineering and consultant related overages. The airport sponsor does not have to obtain prior DOTD concurrence for contract changes, but if an airport sponsor proceeds with a contract change it will be at the airport sponsor's own risk. However, if the airport sponsor requests prior DOTD concurrence, this shall not indicate any commitment or guarantee of funding reimbursement, nor shall it delay or affect any contractual workday obligations during DOTD's review of the proposed contract changes. Further, a subsequent review by DOTD of the contract changes completed by the airport sponsor may be necessary and may lead to the determination that the costs in the contract change cannot be funded under a state grant. Airport sponsors have the option to request DOTD review and concurrence of any contract changes; however, any funding determinations and grant amendments may not be processed until the end of the state fiscal year.

H. Funds recovered may also be used to fund the next-inline or appropriate project on the subsequent fiscal year prioritized unfunded list and the three-year unfunded portion of the priority list, if that project has received funding or for projects funded by other than state funds not covered by the future FAA obligations funds. As a general rule, funds originally allocated to commercial service airports will, whenever practical, be used to fund projects on the commercial service airport unfunded list. Funds allocated to general aviation airports will likewise be used to fund projects on the general aviation airport unfunded list.

I. Airport sponsors shall carry insurance on all airport facilities and equipment for which the state provides funding assistance. The insurance coverage shall provide for replacement value, if applicable. If a sponsor is applying for funding to rebuild or repair airport facilities or equipment covered by insurance, insurance proceeds should be used against the costs first, and the state's participation may be no more than eighty percent of the remaining eligible project costs. For terminal buildings, the state's participation is based on the public-use space ratio. If only a portion of the terminal building is involved, the state's participation is based on the public-use ratio. When requesting funding related to an insured facility or equipment, airport sponsors shall provide DOTD with supporting documentation that shall include a written response from the airport sponsor detailing what work and/or equipment are covered, or if the insurer declines a sponsor's request, a copy of said declination.

J. State Fiscal Year Important Milestones. The following is a listing of important deadlines and milestones utilized by DOTD for program planning purposes.

1. July 1-Planning and Development Program Begins.

2. September 1-Project Pre-Application Deadline.

3. November 1-Project Application Deadline.

4. November to February-Program Development.

5. February to April-Program Submittal to Legislature.

6. June 30-Capital Improvement Plan (CIP) Submittal Deadline or as established by DOTD.

La. Admin. Code tit. 70, § IX-307

Promulgated by the Department of Transportation and Development, Division of Aviation, LR 16:538 (June 1990), amended LR 24:1505 (August 1998), amended by the Department of Transportation and Development, Intermodal Transportation Division, LR 33:520 (March 2007), repromulgated by the Department of Transportation and Development, Aviation Section, LR 39:105 (January 2013), Amended by the Department of Transportation and Development, Intermodal Transportation Division, Aviation Section, LR 42758 (5/1/2016), Amended by the Department of Transportation and Development, Office of Multimodal Commerce, LR 491417 (8/1/2023).

AUTHORITY NOTE: Promulgated in accordance with USC 49:47101 through 49: 47107, USC 49:48103, SCR 67 (1997), R.S. 2:6 and R.S. 2:803(B).