Bj 10-11 Property Use for Emergency Berm Project for Deepwater Horizon Oil Spill Response 1412

CONTENTS July 2010

I. EXECUTIVE ORDER

BJ 10-11 Property Use for Emergency Berm Project for Deepwater Horizon Oil Spill Response 1412

BJ 10-12 Executive Department―Limited Hiring Freeze 1413

BJ 10-13 Louisiana Intrastate Rail Authority 1414

II. EMERGENCY RULES

Agriculture and Forestry

Office of the Commissioner—Agricultural Commodities Commission (LAC 7:XXVII.128) 1416

Health and Hospitals

Bureau of Health Services Financing—CommunityCARE Program Immunization Pay-for-Performance

Initiative Payment Levels (LAC 50:I.2915) 1416

CommunityCARE Program—Primary Care Provider Referral Exemptions (LAC 50:I.2911) 1417

Disproportionate Share Hospital Payments—Mental Health Emergency Room Extensions

(LAC 50:V.2711) 1418

Disproportionate Share Hospital Payments—Non-Rural Community Hospitals (LAC 50.V.2701) 1418

Federally Qualified Health Centers—Service Limit Reduction (LAC 50:XI.10503) 1420

Home Health Program―Durable Medical Equipment—Repeal of Provider Accreditation

Requirements (LAC 50:XIII.8501) 1420

Nursing Facilities―Reimbursement Rate Reduction (LAC 50:VII.1305) 1421

Nursing Facility Minimum Licensing Standards—Nurse Aide Training and Competency

Evaluation Program (LAC 48:I.Chapter 100) 1422

Natural Resources

Office of Conservation—Statewide Orders No. 29-B and 29-B-a (LAC 43:XIX.Chapters 2 and 11) 1427

Statewide Orders No. 29-B and 29-B-a (LAC 43:XIX.Chapters 2 and 11) 1438

Public Safety and Corrections

Corrections Services—Disciplinary Rules and Procedures for Adult Offenders (LAC 22:I.341-363) 1449

Office of State Police—Collection, Submission, Receipt, Identification, Storage and Disposal of DNA

Samples (LAC 55:1.Chapter 27) 1450

Social Services

Office of Community Services—Legal Representation in Child Protection Cases Policies and Procedures

(LAC 67:V.Chapters 57 and 59) 1453

Wildlife and Fisheries

Wildlife and Fisheries Commission—Recreational and Commercial Fisheries Closure 1454

Recreational and Commercial Fisheries Closure—Portions of Plaquemines and St. Bernard Parishes 1455

Recreational and Commercial Fisheries Closure—Portions of Plaquemines, St. Bernard, Orleans,

and St. Tammany Parishes 1455

Recreational and Commercial Fisheries Closure—Portions of State Inside and Outside Waters 1456

Recreational and Commercial Fisheries Closure—St. Bernard Parish 1456

Recreational and Commercial Fisheries Opening—East of Mississippi River, St. Bernard Parish 1456

Recreational and Commercial Fisheries Opening—Inside and Outside Waters East of the

Mississippi River 1457

Recreational and Commercial Fisheries Opening―Inside Waters South of Cocodrie 1457

Recreational and Commercial Fisheries Opening—Inside Waters, Territorial Seas East of Mississippi

River, Plaquemines Parish 1458

Recreational and Commercial Fisheries Opening—Portions of Lafourche and Terrebonne Parishes 1458

Recreational and Commercial Fisheries Opening—Portions of Terrebonne, Lafourche, Jefferson and

Plaquemines Parishes and Closes in St. Bernard Parish 1459

Recreational and Commercial Fisheries Opening—State Inside Waters in Portions of Bayou Lafourche

and Other Lafourche Parish Inside Waters 1459

Recreational Catch and Release of Finfish 1459

Spring Inshore Shrimp Season Closure in Zone 2 1460

This public document was published at a total cost of $3,525. Five hundred copies of this public document were published in this monthly printing at a cost of $3,525. The total cost of all printings of this document including reprints is $3,525. 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 Register is available at the Office of the State Register, or an audiocassette tape of requested sections of the Register can be provided for the cost incurred by the Office of the State Register in producing such a tape. For more information contact the Office of the State Register.

III. RULES

Children and Family Services

Child Welfare Section—Residential Licensing—Notice of Revocation Action (LAC 67:V.6503, 6705,

6955, and 7107) 1462

Civil Service

Board of Ethics—Financial Disclosures (LAC 52:I.1312) 1463

Food and Drink Limit (LAC 52:I.1703) 1466

Education

Board of Secondary and Elementary Education—Bulletin 119—Louisiana School Transportation

Specifications and Procedures (LAC 28:CXIII.Chapters 1-31) 1466

Bulletin 741—Louisiana Handbook for School Administrators—Curriculum and Instruction

(LAC 28:CXV.Chapter 23) 1485

Bulletin 741—Louisiana Handbook for School Administrators—General Career and Technical Education

(LAC 28:CXV.2377) 1496

Bulletin 741—Louisiana Handbook for School Administrators—Health Education (LAC 28:CXV.2347) 1497

Bulletin 741—Louisiana Handbook for School Administrators—Individual Graduation Plan

(LAC 28:CXV.901) 1497

Bulletin 741—Louisiana Handbook for School Administrators—Unsafe Schools (LAC 28:CXV.343) 1498

Bulletin 741 (Nonpublic)—Louisiana Handbook for School Nonpublic Administrators—Assessment

Requirements for a State Diploma (LAC 28:LXXIX.2111) 1498

Bulletin 1706—Regulations for Implementation of the Children with Exceptionalities Act—Regulations

for Students with Disabilities (LAC 28:XLIII.151, 152, 153, 160, 230, 301, 512, 601, 603, 607, 705,

802, 803, and 905) 1499

Bulletin 1929—Louisiana Accounting and Uniform Governmental Handbook (LAC 28:XLI.Chapters 1–13) 1505

Environmental Quality

Office of the Secretary, Legal Affairs Division—Gasoline Handling (LAC 33:III.2131)(AQ309) 1534

HW Tanks—Secondary Containment Requirements and 90 Day Turnover of Hazardous Waste

(LAC 33:V.109, 1109, 1901, 1907,1909, and 4437)(HW106) 1535

Regulatory Permits for Cement and Concrete Facilities

(LAC 33:III.317)(AQ299) 1540

Governor

Division of Administration, Office of Facility Planning and Control—Percent for Universal Design

(LAC 34:III.Chapter 3) 1542

Division of Administration, Office of Information Technology—Office of Electronic Services: Louisiana

Data Base Commission (LAC 4:XL.101-111) 1544

Motor Vehicle Commission—General Provisions (LAC 46:V.Chapters 1, 3, 5, 7, 9, 11, 13, 15, 17, and 19) 1545

Health and Hospitals

Bureau of Health Services Financing—Inpatient Hospital Services—Non-Rural, Non-State Hospitals

Reimbursement Rate Reduction (LAC 50:V.953, 955, and 959) 1552

Intermediate Care Facilities for Persons with Developmental Disabilities—Reimbursement Rate Reduction

(LAC 50:VII.32903) 1555

Medicaid Eligibility—Express Lane Eligibility (LAC 50:I.Chapter 11) 1555

Nursing Facilities—Reimbursement Rate Reduction (LAC 50:VII.1305) 1556

Pediatric Day Health Care Program (LAC 50:XV.Chapters 275-281) 1557

Pharmacy Benefits Program—Restoration of Dispensing Fee (LAC 50:XXIX.Chapter 9) 1558

Natural Resources

Office of Conservation—Exploration and Production Site Groundwater Evaluation and

Remediation—Statewide Order No. 29-B (LAC 43:XIX.Chapter 8) 1562

Public Safety and Corrections

Office of the State Fire Marshal—Code Enforcement and Building Safety—Fire Protection

(LAC 55:V.103 and 303) 1563

Revenue

Policy Services Division—Sales and Use Tax Exemption (LAC 61:I.4401) 1566

Wildlife and Fisheries

Wildlife and Fisheries Commission—General and Wildlife Management Area Hunting Rules and

Regulations (LAC 76:XIX.111) 1566

Resident Game Hunting Season (LAC 76:XIX.101, and 103) 1580

IV. NOTICES OF INTENT

Agriculture and Forestry

Board of Animal Health—Trichomoniasis (LAC 7:XXI.339) 1583

Horticulture Commission—Landscape Irrigation Contractors Insurance Waiver (LAC 7:XXIX.117 and 119) 1585

Office of Agriculture and Environmental Sciences, Louisiana Seed Commission—Labeling of Coated

Seeds (LAC 7:XIII.121) 1587

Children and Family Services

Child Welfare Section—Daycare Services―Residential Licensing (LAC 67:III.7303, 7359; V.6706 and 6955) 1590

Legal Representation in Child Protection Cases (LAC 67:V.5701, 5703, 5705, 5901 and 5903) 1587

Family Violence Prevention and Intervention Program (LAC 67:III.5509) 1589

Economic Stability and Self-Sufficiency Section—Daycare Services―Residential Licensing

(LAC 67:III.7303, 7359; V.6706 and 6955) 1590

Culture, Recreation, and Tourism

State Library of Louisiana—State Library (LAC 25:VII.Chapters 1-53) 1592

Education

Board of Elementary and Secondary Education—Bulletin 746—Louisiana Standards for State Certification

of School Personnel—Requirements to Add a Non-NCLB Secondary (Grades 6-12)

Specialty Content Area (LAC 28:CXXXI.613) 1598

Bulletin 746—Louisiana Standards for State Certification of School Personnel—Temporary Authority to

Teach (TAT) (LAC 28:CXXXI.323) 1599

Student Financial Assistance Commission, Office of Student Financial Assistance—Scholarship/Grant

Programs—Chafee Educational and Training Voucher Program (LAC 28:IV.Chapter 18) 1600

Scholarship/Grant Programs—Healthcare Educator Loan Forgiveness Program—Eligible Schools

(LAC 28:IV.1603) 1603

START Saving Program Account Deposits/Documentations (LAC 28:VI.305, 307, and 311) 1604

Environmental Quality

Office of the Secretary, Legal Affairs Division—Exemption for Tanks Storing Corrosive Materials

(LAC 33:III.2103)(AQ312) 1605

Incorporation by Reference―2009 (LAC 33:I.3931; III.506, 507, 2160, 3003, 5116, 5122, 5311,

5901; V.3099; IX.2301, 4901, 4903; and XV.1599) (MM014ft) 1607

Revision of the Drinking Water Source Use (LAC 33:IX.Chapter 11)(WQ080) 1612

Governor

Crime Victims Reparations Board—Compensation to Victims (LAC 22:XIII.301) 1614

Division of Administration, Office of Group Benefits— PPO Plan of Benefits―Continued Coverage:

Michelle's Law (LAC 32:III.103) 1615

PPO Plan of Benefits―Mental Health and Substance Abuse Benefits (LAC 32:III.703) 1616

PPO Plan of Benefits―Prescription Drug Benefits: Brand/Generic (LAC 32:III.323) 1617

PPO Plan of Benefits―Wellness Benefits (LAC 32:III.301 and 701) 1618

Health and Hospitals

Board of Nursing—Definition of Term—Other Causes (LAC 46:XLVII.3405) 1619

Board of Wholesale Drug Distributors—Wholesale Drug Distribution―Exemptions (LAC 46:XCI.105) 1620

Bureau of Health Services Financing—Ambulatory Surgical Centers—Reimbursement Rate Reduction

(LAC 50:XI.7503) 1621

CommunityCARE Program—Immunization Pay-for-Performance Initiative Payment Levels

(LAC 50:I.2915) 1622

Early and Periodic Screening, Diagnosis and Treatment Dental Program Covered Services
(LAC 50:XV.6903 and 6905) 1624

Facility Need Review Exception Criteria for Downsizing Enrolled Beds (LAC 48:I.12507) 1625

Family Planning Waiver—Reimbursement Rate Reduction (LAC 50:XXII.2701) 1626

Federally Qualified Health Centers—Service Limit Reduction (LAC 50:XI.10503) 1627

Home and Community-Based Services Waivers—Children’s Choice Reimbursement Rate Reduction

(LAC 50:XXI.12101) 1628

Home and Community-Based Services Waivers—Supports Waiver Reimbursement Rate Reduction

(LAC 50:XXI.6101) 1630

Home Health Program—Nursing and Home Health Aide Services—Reimbursement Rate

Reduction (LAC 50:XIII.701) 1631

Professional Services Program—Anesthesia Services—Reimbursement Methodology

(LAC 50:IX.15133) 1632

Office of Citizens with Developmental Disabilities—Home and Community-Based Services Waivers

Children’s Choice Reimbursement Rate Reduction (LAC 50:XXI.12101) 1628

Home and Community-Based Services Waivers—Supports Waiver Reimbursement Rate Reduction

(LAC 50:XXI.6101) 1630

Office of Public Health—Sewage Disposal Program (LAC 51:XIII.101, 503, 504 and 511) 1633

Public Safety and Corrections

Corrections Services—Disciplinary Rules and Procedures for Adult Offenders (LAC 22:I.363) 1636

Gaming Control Board—Video Draw Poker (LAC 42:XI.2407 and 2424) 1636

Revenue

Policy Services Division—Application of Net Operating Losses Carryover to Otherwise Closed Years

(LAC 61:I.1125) 1640

Wildlife and Fisheries

Wildlife and Fisheries Commission—General and WMA Turkey Hunting Regulations (LAC 76:XIX.113) 1641

Turkey Seasons (LAC 76:XIX.115) 1644

V. POLICY AND PROCEDURE MEMORANDA

Governor

Division of Administration, Office of State Travel—General Travel—PPM 49 (LAC 4:V.Chapter 15) 1647

VI. ADMINISTRATIVE CODE UPDATE

Cumulative―January 2009 through June 2010 1659

VII. POTPOURRI

Health and Hospitals

Office of Public Health—Genetic Diseases Neonatal Screening and Pilot Testing for Severe Combined

Immunodeficiency Syndrome 1661

Insurance

Office of Health—Annual HIPAA Assessment Rate 1661

Natural Resources

Office of Conservation—Orphaned Oilfield Sites 1661

Office of the Secretary, Fishermen's Gear Compensation Fund— Loran Coordinates 1661

Revenue

Policy Services Division—Oil Spill Contingency Fee 1662

VIII. INDEX 1663

Executive Orders

EXECUTIVE ORDER BJ 10-11

Property Use for Emergency Berm Project for
Deepwater Horizon Oil Spill Response

WHEREAS, Pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., and as a result of the Deepwater Horizon Oil Spill (Oil Spill), a state of emergency (Emergency) was declared through Executive Proclamation No. 20 BJ 2010 and extended through Executive Proclamation No. 37 BJ 2010;

WHEREAS, The Emergency has been declared a Spill of National Significance (SONS) and has impacted, damaged, and continues to impact and damage Louisiana’s natural resources, including land, water, fish, wildlife, fowl and other biota, and likewise has impacted and continues to impact and threaten the livelihoods of Louisiana’s citizens living along the coast, increasing the economic impact of this Emergency;

WHEREAS, Pursuant to the Oil Pollution Act of 1990, the United States Coast Guard and British Petroleum America Inc. (BP), the Responsible Party, have established a Unified Area Command to coordinate efforts to control the spill and respond to its effects;

WHEREAS, The Oil Spill has already impacted miles of the Louisiana coastline and marshes, has caused fishery, oyster harvesting area, and beach closures, has resulted in the suspension of additional drilling operations, and has caused the federal government to declare a commercial fisheries failure;

WHEREAS, Many areas of the Louisiana coastline have received heavy oil and sustained catastrophic damage, including Barataria Bay, the Breton Sound, Chandeleur Sound and the barrier islands;

WHEREAS, Louisiana’s coastline is comprised of 3.5 million acres of coastal wetlands, which represent approximately 40 percent of all the coastal wetlands in the Continental United States. Furthermore, billions of dollars in ongoing coastal restoration projects are at risk; and

WHEREAS, In an effort to contain this oil and other hazardous substances in such a manner as to prevent further impacts to the State’s waters and shorelines, and to minimize and mitigate the scope of this damage, the State has proposed and the United States has approved as part of its overall response/removal action for the Emergency a project to construct six (6) sand barriers in the Reaches designated as E-3, E-4, W-8, W-9, W-10 and W-11 in the United States Army Corps of Engineers, New Orleans District, Emergency Permit NOD-20 dated May 27, 2010, Base File MVN 2010-1066-ETT, in the Gulf of Mexico, east and west of the Mississippi River (Emergency Berm Project).

WHEREAS, U.S. Coast Guard Rear Admiral James A. Watson, the Federal On-Scene Coordinator, has informed BP in a letter dated June 4, 2010 of his determination that the construction of Emergency Berm Project is, under current circumstances, "a removal action that will achieve the containment and removal of oil;" that the Emergency Berm Project is "an action necessary to minimize or mitigate damage to the public health or welfare in areas affected by the Deepwater Horizon oil discharge;" that "the expense of this project is an appropriate removal cost under the Oil Pollution Act," and that construction of the Emergency Berm Project should occur on the most expeditious schedule possible.

WHEREAS The State of Louisiana is prepared to undertake the Emergency Berm Project, BP has made funding available for the project consistent with the obligation of responsible parties to receive and pay removal costs, and the State of Louisiana, through the Office of Coastal Protection and Restoration (OCPR), has entered into a contract for construction and completion of the Emergency Berm Project.

WHEREAS, It is necessary to undertake construction of the Emergency Berm Project at Reaches W-8, W-9, W-10, W-11, E-3, and E-4, as soon as reasonably possible in an effort to eliminate the threat to the safety, health, and welfare of the citizens of the state of Louisiana, including the threat to the livelihoods of Louisiana’s citizens living along the coast and increasing economic impact of the Oil Spill, and eliminate and reduce the threat to Louisiana’s natural resources, including land, water, fish, wildlife, fowl and other biota, posed by the Oil Spill;

WHEREAS, It may be necessary to utilize certain property for construction and completion of the Emergency Berm Project; and

WHEREAS, pursuant to R.S. 29:724(D)(4), and subject to applicable requirements for compensation, the Governor may utilize any private property if he finds this necessary to cope with a disaster or emergency;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The Coastal Protection and Restoration Authority (CPRA), OCPR, the Louisiana National Guard (LNG), and any other appropriate local, state, or federal governmental entity and their contractors, shall be authorized to access, enter, and utilize public and private lands or other property rights for the Emergency Berm Project, including but not limited to Reaches W-8, W-9, W-10, W-11, E-3, and E-4, as may be necessary to construct and complete the Emergency Berm Project, including but not limited to surveying and staking the project, conducting surveys, soil borings, environmental and cultural resource investigations, accessing the project area, conducting dredging, and depositing and discharging dredge and

spoil material, all in accordance with any permits for the Emergency Berm Project or modifications thereto, the designs developed therefore, the authority of CPRA and OCPR as set for in La. R.S. 49:214.1, et seq., and any other similar rule, regulation or law, all with the intent and purpose of completing the Emergency Berm Project as soon as practicable.

SECTION 2: Any entry upon or work performed by government employees or their contractors upon private property shall be in accordance with Louisiana Attorney General Opinion Nos. 05-0360, 05-0360A, and 05-0373, and any compensation for property taken shall be in accordance with the requirements of the Fifth Amendment of the Constitution of the United States of America.

SECTION 3: Any governmental entity seeking reimbursement for work performed as authorized by this Order shall comply with appropriate federal and state statutes and regulations.

SECTION 4: Any work performed pursuant to this Order shall be accompanied by documentation of the actual costs thereof borne by the governmental entity and shall be maintained for possible future reimbursement by any party responsible for the Oil Spill, including but not limited to BP.

SECTION 5: All departments, commissions, boards, offices, entities, agencies, and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate with the OCPR and the CPRA in implementing the provisions of this Order, including the execution of necessary cooperative endeavor agreements.

SECTION 6: This Order is effective upon signature and shall continue 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 11th day of June, 2010.

Bobby Jindal

Governor

ATTESTYLE="BY

THE GOVERNOR

Jay Dardenne

Secretary of State

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