Provides for the Department of Transportation and Development to accept duties of the federal government. (8/1/26) (EG SEE FISC NOTE SD EX)

Senate Bill 115 enacts Louisiana Revised Statutes 48:212(E) to authorize the Louisiana Department of Transportation and Development to assume certain federal transportation duties through agreements with the United States Department of Transportation and other federal agencies. The legislation specifically enables DOTD to take responsibility for federal approval and environmental review functions under 23 USC Sections 326 and 327, which implement provisions of the Moving Ahead for Progress in the 21st Century Act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, and the National Environmental Policy Act of 1969. The bill creates a statutory framework permitting DOTD to execute memoranda of understanding and other agreements with federal agencies, authorizes the department to adopt administrative rules necessary to implement such agreements and carry out assumed federal duties, and allows DOTD to accept and expend funds from any federal agency for any transportation purpose.

The practical effect of this legislation extends DOTD's authority and creates corresponding potential liability for the department. Transportation projects and environmental reviews that previously required direct federal Department of Transportation approval may be processed through DOTD if the department enters into agreements under this statute. Project applicants and stakeholders will interact with DOTD rather than federal authorities for certain permitting and review functions. The legislation waives Louisiana's sovereign immunity from federal lawsuits, but this waiver is narrowly limited to compliance and enforcement matters arising from the assumed federal responsibilities and does not extend liability beyond what federal law independently requires. State taxpayers may benefit from federal funding that accompanies transferred duties, as DOTD gains authority to accept and spend federal transportation funds from any federal agency.

This statute operates within the existing Louisiana transportation law framework codified in R.S. 48:212, which already addresses DOTD agreements with the federal government on highways, transit, toll roads, emergencies, and rail safety. The legislation directly implements federal law provisions in 23 USC 326 and 327, which allow states to assume certain federal environmental review and approval responsibilities. The sovereign immunity waiver specifically references and limits itself to the requirements of federal constitutional law under the Eleventh Amendment and federal statute, ensuring that Louisiana only surrenders immunity to the extent federal law mandates such waiver as a condition of delegating federal authority to a state agency. The effective date is August 1, 2026, allowing DOTD and the federal government time to negotiate and formalize agreements before implementation.