CONTENTS November 2015
I. EXECUTIVE ORDERS
BJ 15-25 Bond Allocation¾Louisiana Community Development Authority 2277
II. EMERGENCY RULES
Economic Development
Board of Commerce and Industry¾Industrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2278
Office of Business Development¾Angel Investor Tax Credit (LAC 13:I.3307) 2279
Enterprise Zone Program (LAC 13:I.Chapter 7) 2280
Industrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2278
Ports of Louisiana Tax Credits (LAC 13:I.3903 and 3923) 2281
Quality Jobs Program (LAC 13:I.Chapter 11) 2281
Research and Development Tax Credit (LAC 13:I.2905) 2282
Restoration Tax Abatement Program (LAC 13:I.Chapter 9) 2283
Technology Commercialization Credit and Jobs Program (LAC 13:I.2715) 2284
Office of Entertainment Industry Development¾Louisiana Digital Media and Software Act (LAC 61:I.1667) 2284
Louisiana Sound Recording Investor Tax Credit Program (LAC 61:I.1635) 2285
Motion Picture Investor Tax Credit Program (LAC 61:I.1607) 2285
Musical and Theatrical Production Income Tax Credit Program (LAC 61:I.1693) 2286
Education
Board of Elementary and Secondary Education¾Bulletin 118―Statewide Assessment Standards
and Practices (LAC 28:CXI.Chapters 11, 13, 17, 18, 19, 23, and 24) 2287
Health and Hospitals
Bureau of Health Services Financing¾Home and Community-Based Services Waivers¾Community Choices
Waiver (LAC 50:XXI.8329 and 8601) 2293
Intermediate Care Facilities for Persons with Intellectual Disabilities¾Supplemental Payments
(LAC 50:VII.32917) 2294
Outpatient Hospital Services¾Public-Private Partnerships¾Reimbursement Methodology
(LAC 50:V.6703) 2295
Personal Care Services—Long-Term Standards for Participation¾Electronic Visit Verification
(LAC 50:XV.12909) 2296
Office of Aging and Adult Services¾Home and Community-Based Services Waivers¾Community Choices
Waiver (LAC 50:XXI.8329 and 8601) 2293
Personal Care Services—Long-Term Standards for Participation¾Electronic Visit Verification
(LAC 50:XV.12909) 2296
Office of Public Health¾Minimum Disinfectant Residual¾Levels in Public Water Systems (LAC 51:XII.311,
355, 357, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125, 1133, 1135, 1139 and 1503) 2296
Revenue
Policy Services Division¾Administrative Fees (LAC 61:III.1701) 2301
Installment Agreement for Payment of Tax; Fees (LAC 61:I.4919) 2302
Issuance and Cancellation of a Lien; Fees (LAC 61:I.5302) 2303
Louisiana Tax Delinquency Amnesty Act of 2015 (LAC 61:I.4917) 2304
State
Elections Division¾Appeal of Merit Evaluation for the Registrars of Voters (LAC 31:II.108) 2305
Wildlife and Fisheries
Wildlife and Fisheries Commission¾2016-2020 Waterfowl Hunting Zones 2305
Opening Red Snapper Recreational Harvest 2306
Suspending Entry into the Louisiana Fisheries Forward Program (LAC 76:VII.347) 2307
This public document was published at a total cost of $1,975. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $1,975. The total cost of all printings of this document including reprints is $1,975. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing by
state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana Revised Statutes.
The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Louisiana Register is available at the Office of the State Register, or an audio cd of requested sections of the Louisiana Register can be provided for the production cost incurred. For more information contact the Office of the State Register.
III. RULES
Children and Family Services
Division of Programs, Child Welfare Section¾Guardianship Subsidy Program (LAC 67:V.4101 and 4103) 2308
Division of Programs, Economic Stability Section¾Strategies to Empower People (STEP) Program
(LAC 67:III.5721) 2311
District Attorneys’ Retirement System
Board of Trustees of the District Attorneys’ Retirement System¾District Attorneys’ Retirement System 2311
Economic Development
Office of Business Development¾Industrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2318
Environmental Quality
Office of the Secretary, Legal Division¾Emission Reduction Credits (ERC) Banking Program
(LAC 33:III.603)(AQ353) 2319
Physical Protection of Byproduct Material; Distribution of Source Material to Exempt Persons and General
Licensees; Domestic Licensing of Special Nuclear Material; and Safeguards Information
(LAC 33:XV.102, 103, 303, 321, 340, 1519, 1601, 1603, 1605, 1607, 1609, 1611, 1613, 1615, 1617,
1619, 1621, 1623, 1625, 1627, 1629, 1631, 1633, 1635, 1637, 1641, 1643, 1645, 1647, 1649, 1651,
1661, 1663, 1665 and 1699)(RP060ft) 2320
Governor
Board of Home Inspectors¾Home Inspectors (LAC 46:XL.309 and 501) 2339
Board of Professional Geoscientists¾Professional Geoscientists (LAC 46:LXII.Chapters 1-19) 2340
Division of Administration, Office of Group Benefits¾Employee Benefits (LAC 32:I.Chapters 3, 7, and 11) 2349
Health and Hospitals
Board of Medical Examiners¾Physician Practice; Unprofessional Conduct (LAC 46:XLV.7603) 2353
Bureau of Health Services Financing¾Behavioral Health Services¾Louisiana Bayou Health and
Coordinated System of Care Waiver (LAC 50:XXXIII.Chapters 1-9) 2353
Behavioral Health Services¾Substance Use Disorders Services (LAC 50:XXXIII.Chapters 141-147) 2357
Children’s Behavioral Health Services (LAC 50:XXXIII.Chapters 21-27) 2358
Free-Standing Birthing Centers (LAC 50:XV.Chapters 265-271) 2360
Home and Community-Based Behavioral Health Services Waiver (LAC 50:XXXIII.Chapters 81-85) 2361
Managed Care for Physical and Basic Behavioral Health¾Behavioral Health Integration
(LAC 50:I.Chapters 31-37) 2362
Medicaid Eligibility¾Louisiana Health Insurance Premium Payment Program Termination
(LAC 50:III.2311) 2368
Psychiatric Residential Treatment Facilities (LAC 50:XXXIII.Chapters 101-107) 2369
Therapeutic Group Homes¾Behavioral Health Integration (LAC 50:XXXIII.Chapters 121-127) 2371
Office of Behavioral Health¾Behavioral Health Services¾Louisiana Bayou Health and Coordinated System
of Care Waiver (LAC 50:XXXIII.Chapters 1-9) 2353
Behavioral Health Services¾Substance Use Disorders Services (LAC 50:XXXIII.Chapters 141-147) 2357
Children’s Behavioral Health Services (LAC 50:XXXIII.Chapters 21-27) 2358
Home and Community-Based Behavioral Health Services Waiver (LAC 50:XXXIII.Chapters 81-85) 2361
Psychiatric Residential Treatment Facilities (LAC 50:XXXIII.Chapters 101-107) 2369
Therapeutic Group Homes¾Behavioral Health Integration (LAC 50:XXXIII.Chapters 121-127) 2371
Natural Resources
Office of Coastal Management¾Fisherman’s Gear Compensation Fund Assessment of Fees
(LAC 43:I.1515) 2373
Office of Conservation¾Expedited Permit Processing Program (LAC 43:XIX.Chapter 47) 2373
Fees (LAC 43:XIX.Chapter 7) 2375
Thirty-Day Work History Report (LAC 43:XIX.118) 2379
Public Safety and Corrections
Office of State Fire Marshal¾Uniform Construction Code (LAC 17:I.Chapter 1) 2380
IV. NOTICE OF INTENT
Agriculture and Forestry
Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission
Seeds (LAC 7:XIII.121, 123, 519, 749 and 763) 2388
Office of Agricultural and Environmental Sciences, Structural Pest Control Commission¾Structural Pest
Control (LAC 7:XXV.Chapter 1) 2393
Office of Agro Consumer Services, Division of Weights and Measures¾Metrology Laboratory Fee Structure
(LAC 7:XXXV.125) 2391
Office of Animal Health and Food Safety, Egg Commission¾Sale or Offering for Sale of Eggs within
Louisiana (LAC 7:V.919) 2392
Children and Family Services
Division of Programs, Licensing Section¾Reasonable and Prudent Parent Standards (LAC 67:V.6703, 6708,
7105, 7111, 7305, 7311, and 7313) 2400
Economic Stability Section¾Supplemental Nutritional Assistance Program (SNAP) (LAC 67:III.1942) 2404
Economic Development
Office of Business Development¾Ports of Louisiana Tax Credits (LAC 13:I.Chapter 39) 2408
Quality Jobs Program (LAC 13:I.Chapter 11) 2410
Restoration Tax Abatement Program (LAC 13:I.Chapter 9) 2409
Technology Commercialization Credit and Jobs Program (LAC 13:I.2715 and 2719) 2412
Office of Business Development, Office of Entertainment Industry Development¾Entertainment Industry Tax
Credit Programs¾Motion Picture Investor Tax Credit Program (LAC 61:I.Chapter 16) 2405
Education
Board of Elementary and Secondary Education¾Bulletin 118―Statewide Assessment ¾Standards and
Practices (LAC 28:CXI.Chapters 11, 13, 17, 18, 19, 23, and 24) 2413
Bulletin 119―Louisiana School Transportation Specifications and Procedures (LAC 28:CXIII.501, 903,
907, 1301, and 1303) 2420
Bulletin 741―Louisiana Handbook for School Administrators (LAC 28:CXV.Chapter 23) 2422
Bulletin 746―Louisiana Standards for State Certification of School Personnel¾PRAXIS Exams
and Scores (LAC 28:CXXXI.243) 2427
Bulletin 1508¾Pupil Appraisal Handbook (LAC 28:CI.305, 307, 511, 711, 713, 717, 719. and 1509) 2424
Bulletin 1706―Regulations for Implementation of the Children with Exceptionalities Act
(LAC 28:XLIII.133 and 905) 2429
Environmental Quality
Office of the Secretary, Legal Division¾Expedited Penalty Agreement (LAC 33:I.Chapter 8)(OS088) 2431
Waste Tires (LAC 33:VII.Chapters 105 and 111)(SW062) 2438
Governor
Capital Area Ground Water Conservation Commission¾Pumpage Fees (LAC 56:V.1103) 2469
Division of Administration, Office of Technology Services¾Information Technology Contracts for Consulting
Services (LAC 34:I.Chapter 55) 2469
Real Estate Appraisers Board¾Prohibited Activities (LAC 46:LXVII.30701, 30901, and 31103) 2471
Health and Hospitals
Bureau of Health Services Financing¾Inpatient Hospital Services¾Non-Rural, Non-State Hospitals
Children’s Specialty Hospitals Reimbursements (LAC 50:V.967) 2473
Intermediate Care Facilities for Persons with Intellectual Disabilities¾Complex Care Reimbursements
(LAC 50:VII.32915) 2474
Medical Transportation Program¾Emergency Aircraft Transportation¾Rotor Winged Ambulance Services
Rate Increase (LAC 50:XXVII.353) 2476
Psychiatric Residential Treatment Facilities¾Licensing Standards (LAC 48:I.Chapter 90) 2477
Public Safety and Corrections
Office of State Fire Marshal¾Detention and Correctional Occupancy Inspections (LAC 55:V.1701) 2480
Office of State Police¾Federal Motor Carrier Safety and Hazardous Materials (LAC 33:V.10303) 2482
Revenue
Policy Services Division¾Administrative Fees (LAC 61:III.1701) 2483
Installment Agreement for Payment of Tax; Fees (LAC 61:I.4919) 2484
Issuance and Cancellation of a Lien; Fees (LAC 61:I.5302) 2486
Public Registry of Motion Picture Investor¾Tax Credit Brokers (LAC 61:III.2701) 2488
Transportation and Development
Intermodal Transportation Division, Aviation Section¾Intermodal Transportation
(LAC 70:IX.Chapters 1 and 3) 2489
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Advertising or Sponsorship Signs on Department Assets
(LAC 76:I.339) 2495
Workforce Commission
Office of Workforce Development¾Certification of High Unemployment Areas (LAC 40:XXI.101) 2497
V. POTPOURRI
Agriculture and Forestry
Office of Agricultural and Environmental Sciences¾Supplement to Annual Quarantine Listing¾2015 2499
Environmental Quality
Office of Environmental Compliance, Underground Storage Tank and Remediation¾Division Risk
Evaluation/Corrective Action Program (RECAP) 2499
Governor
Coastal Protection and Restoration Authority¾Deepwater Horizon Oil Spill: Draft Phase V Early Restoration
Plan and Environmental Assessment 2500
Health and Hospitals
Board of Nursing¾Licensure as an Advanced Practice Registered Nurse and Authorized Practice
Public Hearing (LAC 46:XLVII.4507 and 4513) 2502
Board of Veterinary Medicine¾Spring/Summer Examination Dates 2502
Bureau of Health Services Financing¾Substantive Changes and Public Hearing Notification
Managed Care for Physical and Basic Behavioral Health¾Timely Filing of Claims (LAC 50:I.3511) 2503
Natural Resources
Office of Conservation¾Orphaned Oilfield Sites 2504
VII. INDEX 2505
iii
Louisiana Register Vol. 41, No. 11 November 20, 2015
Executive Orders
2277
Louisiana Register Vol. 41, No. 11 November 20, 2015
EXECUTIVE ORDER BJ 15-25
Bond Allocation¾Louisiana Community
Development Authority
WHEREAS, pursuant to the Tax Reform Act of 1986 and Act 51 of the 1986 Regular Session of the Louisiana Legislature, Executive Order No. BJ 2008-47 was issued to establish:
(1) a method for allocating bonds subject to private activity bond volume limits, including the method of allocating bonds subject to the private activity bond volume limits (hereafter “Ceiling”);
(2) the procedure for obtaining an allocation of bonds under the Ceiling; and
(3) a system of central record keeping for such allocations;
WHEREAS, the Louisiana Community Development Authority has applied for an allocation of the 2015 Ceiling to be used in connection with the financing by NFR BioEnergy CT, LLC, for the development and construction of a biorefinery plant which will convert sugarcane waste and other agricultural waste into biocarbon products, including but not limited to energy pellets for use as fuel, to be located at the Cora Texas Sugar Mill on Highway 1 South, in the Parish of Iberville, City of White Castle, State of Louisiana, within the boundaries of the Issuer.
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: The bond issue, as described in this Section, shall be and is hereby granted an allocation from the 2015 Ceiling in the amount shown:
Amount of Allocation / Name of Issuer / Name of Project$60,000,000 / Louisiana Community Development Authority / NFR BioEngery
CT, LLC
SECTION 2: The allocation granted herein shall be used only for the bond issue described in Section 1 and for the general purpose set forth in the “Application for Allocation of a Portion of the State of Louisiana’s Private Activity Bond Ceiling” submitted in connection with the bond issue described in Section 1.
SECTION 3: The allocation granted herein shall be valid and in full force and effect through December 31, 2015, provided that such bonds are delivered to the initial purchasers thereof on or before December 31, 2015.
SECTION 4: All references in this Order to the singular shall include the plural, and all plural references shall include the singular.
SECTION 5: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 22nd day of October, 2015.
Bobby Jindal
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State
1511#004
2277
Louisiana Register Vol. 41, No. 11 November 20, 2015
Emergency Rules
2307
Louisiana Register Vol. 41, No. 11 November 20, 2015
DECLARATION OF EMERGENCY
Department of Economic Development
Office of Business Development
and
Board of Commerce and Industry
Industrial Ad Valorem Tax Exemption Program
(LAC 13:I.Chapter 5)
This Emergency Rule is being published pursuant to emergency provisions of the Administrative Procedure Act, R.S. 49:953(B). The Department of Economic Development and the Louisiana Board of Commerce and Industry have an immediate need for rules for the Industrial Ad Valorem Tax Exemption Program (LA Const. Art. VII, Section 21 and R.S. 51:921 et seq.), to effect fees under the new fee schedule provided by HB 773 of the 2015 Regular Session of the Louisiana Legislature. A delay in imposition of such fees would hinder effective administration of this program, impose unfunded and unrecoverable costs on the department, and delay access to the program by qualified applicants, resulting in an adverse financial impact on the state, the department, Louisiana businesses and taxpayers. This Emergency Rule shall become effective October 29, 2015, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act, or until a final Rule is promulgated in accordance with law, whichever occurs first.
This Emergency Rule is being promulgated in order to continue the provisions of the July 1, 2015 Emergency Rule (effective for 120 days), published in the Louisiana Register, as an Emergency Rule in the July 2015 edition, and then subsequently as a Notice of Intent in the August 2015 edition, with a public hearing which was held on September 29, 2015.