0 chapters · 996 sections in this title.
La. Rev. Stat. § 51:2370.15 Reimbursement for grantees
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§2370.15. Reimbursement for grantees Initial funding of ten percent shall be distributed to a grantee once the grantee has demonstrated that ten percent of the project has been completed. Thereafter, payments shall be distributed as follows: thirty-five percent completion, sixty …
La. Rev. Stat. § 51:2370.16 Records; limitations
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§2370.16. Records; limitations Notwithstanding any provision of this Subpart to the contrary, all records related to the GUMBO program shall be public records as provided by the Public Records Law, except for a provider's trade secret and proprietary information, including covera…
La. Rev. Stat. § 51:2370.17 Reporting requirements
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§2370.17. Reporting requirements A. Beginning August 1, 2024, any GUMBO 1.0 grantee shall report all instances of known damage to existing underground utilities that occur during the construction or installation of broadband infrastructure funded by GUMBO 1.0. B. Reports shall be…
La. Rev. Stat. § 51:2370.18 Coordination with parishes and municipalities
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§2370.18. Coordination with parishes and municipalities Beginning August 1, 2024, broadband providers receiving funding through the GUMBO 1.0 program shall provide a thirty-day advanced written notice prior to the commencement of GUMBO 1.0 construction activities to the relevant …
La. Rev. Stat. § 51:2370.19 Unobligated funds
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§2370.19. Unobligated funds A. The office may use any unobligated funds from GUMBO 1.0 as of June 3, 2024, for eligible nonbroadband infrastructure project uses defined in the United States Department of the Treasury document titled "Guidance for the Coronavirus Capital Project F…
La. Rev. Stat. § 51:2370.2 Definitions
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§2370.2. Definitions As used in this Subpart, the following terms have the following meanings: (1) "Agriculture" means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not …
La. Rev. Stat. § 51:2370.21 Establishment; short title
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§2370.21. Establishment; short title A. There is hereby created a grant program to be known as the "Granting Unserved Municipalities Broadband Opportunities 2.0" program, hereinafter referred to in this Subpart as the "GUMBO 2.0" program. Funding and administration of this progra…
La. Rev. Stat. § 51:2370.22 Definitions
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§2370.22. Definitions As used in this Subpart, the following terms have the following meanings: (1) "Agriculture" means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not…
La. Rev. Stat. § 51:2370.23 Administration fee
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§2370.23. Administration fee The office may use up to one percent of the appropriated funds to administer the GUMBO 2.0 program. The office may use an additional one percent of the appropriated funds to hire third-party contractors as determined necessary for the further administ…
La. Rev. Stat. § 51:2370.24 Rules
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§2370.24. Rules A. The office shall have the authority and responsibility to promulgate rules that are consistent with requirements promulgated by the assistant secretary pursuant to the IIJA, BEAD program guidelines, state law, and this Subpart. B. Grants solicited and awarded p…
La. Rev. Stat. § 51:2370.25 Records; limitations
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§2370.25. Records; limitations A. Notwithstanding any provision of this Subpart to the contrary, all records related to the GUMBO 2.0 program are public records as provided by the Public Records Law, R.S. 44:1 et seq., except for a broadband service provider's trade secret and pr…
La. Rev. Stat. § 51:2370.26 Funding; match requirement
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§2370.26. Funding; match requirement A. A grant recipient is required to provide matching funds in accordance with state law and rules promulgated by the office. A grant recipient shall contribute from its own funds a minimum of twenty-five percent of the total estimated cost of …
La. Rev. Stat. § 51:2370.27 Grant process
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§2370.27. Grant process A. The office shall have the authority and responsibility to promulgate rules that are consistent with requirements promulgated by or guidance of the assistant secretary pursuant to the IIJA, BEAD program guidelines, state law, and this Subpart. The office…
La. Rev. Stat. § 51:2370.28 Administrative and judicial review
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§2370.28. Administrative and judicial review A. If the protest of a grant award is not resolved by mutual agreement, the director or his designee shall, within fourteen business days, issue a decision in writing. The decision shall do all of the following: (1) State the reasons f…
La. Rev. Stat. § 51:2370.29 Compliance during the grant agreement
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§2370.29. Compliance during the grant agreement The office will conduct an implementation meeting with a grant recipient within thirty days of execution of a grant agreement and will make reporting templates and instructions available at or shortly after the implementation meetin…
La. Rev. Stat. § 51:2370.3 Ineligibility due to funds; submission of census block, shape file area, and address
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§2370.3. Ineligibility due to funds; submission of census block, shape file area, and address data; time limitations; mapping A. A provider that has been fully authorized to receive Universal Service, Connect America Phase II, Rural Digital Opportunity Fund, or other public funds…
La. Rev. Stat. § 51:2370.30 Reporting requirements
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§2370.30. Reporting requirements A. A grantee shall submit to the office an annual report for each funded project for the duration of a grant agreement. The report shall include a summary of the items contained in the grant agreement and shall also include all of the following: (…
La. Rev. Stat. § 51:2370.31 Receipt and disbursement of federal grant funds
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§2370.31. Receipt and disbursement of federal grant funds The division of administration shall be the designated agency for receipt and disbursement of state and federal funds received to implement the BEAD program. All federal grant funds received for this purpose shall be disbu…
La. Rev. Stat. § 51:2370.32 Reimbursement for grantees
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§2370.32. Reimbursement for grantees A. GUMBO 2.0 awards shall be made on a fixed-amount subaward basis, consistent with NTIA's Tailoring the Application of the Uniform Guidance Policy Notice, and an initial ten percent disbursement shall be made available immediately upon enteri…
La. Rev. Stat. § 51:2370.33 Failure to perform
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§2370.33. Failure to perform A. A grant recipient forfeits the amount of a grant received if the grant recipient fails to perform, in material respect, the obligations established in law or in the grant agreement. A grant agreement shall last, at a minimum, for the duration of br…
La. Rev. Stat. § 51:2370.34 Reporting requirements
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§2370.34. Reporting requirements A. Any GUMBO 2.0 grantee shall report all instances of known damage to existing underground utilities that occur during the construction or installation of broadband infrastructure funded by GUMBO 2.0. B. Reports shall be submitted to the office i…
La. Rev. Stat. § 51:2370.35 Coordination with parishes and municipalities
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§2370.35. Coordination with parishes and municipalities A. Broadband providers receiving funding through the GUMBO 2.0 program shall provide a thirty-day advanced written notice prior to the commencement of GUMBO 2.0 construction activities to the relevant parish or municipality.…
La. Rev. Stat. § 51:2370.4 Applications; burden of proof; public comment; protest
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§2370.4. Applications; burden of proof; public comment; protest A. Applications for grants shall be submitted at times designated by the director and may include, at a minimum, the following information: (1) An attestation to the office that the proposed project area is eligible.…
La. Rev. Stat. § 51:2370.41 GUMBO 3.0
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§2370.41. GUMBO 3.0 In the event that there are remaining GUMBO 2.0 funds after the obligation of infrastructure funds, the office shall run a grant program, nondeployment, that will allow eligible parties including but not limited to state agencies, nonprofits, for-profits, acad…
La. Rev. Stat. § 51:2370.5 Administrative and judicial review
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§2370.5. Administrative and judicial review A.(1) An aggrieved party may submit a protest of an award in accordance with this Section. The period for protesting an award shall be thirty days from the announcement of an award. Protests shall be submitted in writing, accompanied by…
La. Rev. Stat. § 51:2370.6 Consultation
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§2370.6. Consultation The office may consult with Louisiana Economic Development to determine if a broadband project proposed under this Subpart will benefit a potential economic development project relevant to the proposed area outlined in the broadband project. Acts 2021, No. 4…
La. Rev. Stat. § 51:2370.7 Scoring
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§2370.7. Scoring Applications shall be scored based upon a system that awards a single point for criteria considered to be the minimum level for the provision of broadband service with additional points awarded to criteria that exceed minimum levels. The office shall develop a sc…
La. Rev. Stat. § 51:2370.8 Funding; match requirement
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§2370.8. Funding; match requirement A. Grant recipients are required to provide matching funds in accordance with rules promulgated by the office. A grant recipient shall contribute from its own funds a minimum of twenty percent of the total estimated cost of the project. B.(1) A…
La. Rev. Stat. § 51:2370.9 Compliance during the agreement
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§2370.9. Compliance during the agreement The office shall require that grant recipients offer the proposed advertised minimum download and minimum upload speeds of twenty-five Mbps download and three Mbps upload. Grant recipients that have offered broadband service to at least on…
La. Rev. Stat. § 51:2373 Exemption from taxation
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§2373. Exemption from taxation The effectuation of the authorized purposes of the corporation shall and will be in all respects for the benefit of the people of the state of Louisiana, for the alleviation of their economic and social distress, and for the improvement of their wel…
La. Rev. Stat. § 51:2374 Loan loss reserve fund
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§2374. Loan loss reserve fund The corporation shall maintain a loan loss reserve fund. Acts 1992, No. 1092, §1.
La. Rev. Stat. § 51:2375 Louisiana Small Business and Entrepreneurship Council; creation; board of
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§2375. Louisiana Small Business and Entrepreneurship Council; creation; board of directors A.(1) There is hereby created a body politic to be known as the Louisiana Small Business and Entrepreneurship Council, hereinafter referred to in this Chapter as the "council". The council …
La. Rev. Stat. § 51:2376 Duties and objectives; reporting
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§2376. Duties and objectives; reporting The duties and objectives of the members of the council shall include but are not limited to the following: (1) Continual research and development of recommendations with regard to regulatory and licensing issues. (2) Continual research and…
La. Rev. Stat. § 51:2377 Termination of Chapter
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§2377. Termination of Chapter The provisions of this Chapter shall terminate on June 30, 2023, and thereafter shall be null, void, and without effect. Acts 2018, No. 327, §1; Acts 2020, No. 21, §1, eff. June 4, 2020. NOTE: This Section is updated through the 2020 First Extraordin…
La. Rev. Stat. § 51:2386 Short title
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§2386. Short title This Chapter shall be known and may be cited as the "Louisiana Business and Industrial Development Company Act" or the "Louisiana BIDCO Act". Acts 1991, No. 506, §1; Acts 1996, 1st Ex. Sess., No. 30, §3, eff. May 7, 1996; Acts 2004, No. 806, §1.
La. Rev. Stat. § 51:2387 Declaration of purpose
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§2387. Declaration of purpose The purposes of this Chapter are to: (1) Promote economic development by encouraging the formation of business and industrial development companies, a new type of private institution, to help grow the financial services industry in Louisiana, create …
La. Rev. Stat. § 51:2388 Definitions
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§2388. Definitions The following words and phrases as used in this Chapter shall have the following meanings unless a different meaning clearly appears from the context: (1) "Affiliate", when used with respect to a specified person, means any person, other than a natural person, …
La. Rev. Stat. § 51:2389 Regulation, reporting, and examination
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§2389. Regulation, reporting, and examination A.(1) The commissioner shall administer this Chapter. The commissioner may issue orders and promulgate rules and regulations that, in the opinion of the commissioner, are necessary to execute, enforce, and effectuate the purposes of t…
La. Rev. Stat. § 51:2389.1 Guidance by commissioner; advisory opinions
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§2389.1. Guidance by commissioner; advisory opinions A. Advisory opinions and interpretations of the office shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act. B. This Section shall only have prospective…
La. Rev. Stat. § 51:2390 Reports
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§2390. Reports Each licensee, each affiliate of a licensee, and each subsidiary of a licensee shall file with the commissioner such reports as and when the commissioner may reasonably require. A report under this Section shall be in such form and shall contain such information as…
La. Rev. Stat. § 51:2391 Impact information
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§2391. Impact information A. The commissioner shall provide to the House Commerce Committee and Senate Commerce, Consumer Protection, and International Affairs Committee upon their request information on the impact of this Chapter in promoting economic development in this state. …
La. Rev. Stat. § 51:2392 Licensing
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§2392. Licensing A. A Louisiana corporation or Louisiana limited liability company may apply to the commissioner for licensure as a BIDCO. A person other than a Louisiana corporation or Louisiana limited liability company shall not apply for a license. B.(1) After a review of inf…
La. Rev. Stat. § 51:2393 Misrepresenting the meaning or effect of license; prohibited
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§2393. Misrepresenting the meaning or effect of license; prohibited A.(1) A Louisiana corporation or limited liability company that is licensed under another law of this state or under any law of the United States may apply for and be issued a license under this Chapter unless th…
La. Rev. Stat. § 51:2394 Corporate or company matters
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§2394. Corporate or company matters A. The corporate or limited liability company name of each licensee shall include the word "BIDCO". A licensee shall not transact business under a name other than its corporate name or limited liability company name. B.(1) The board of director…
La. Rev. Stat. § 51:2395 Transaction of business
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§2395. Transaction of business A.(1) A licensee providing financing assistance outside of this state shall maintain its headquarters in this state. A licensee that provides financing assistance in this state only shall maintain not less than one office in this state. (2) Each off…
La. Rev. Stat. § 51:2395.1 Legal investments
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§2395.1. Legal investments Any parish, municipality, school board, special district, or political subdivision may legally invest any monies or funds belonging to them or within their control in a BIDCO established pursuant to this Chapter. Nothing contained in this Section with r…
La. Rev. Stat. § 51:2396 Enforcement
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§2396. Enforcement A. If in the opinion of the commissioner, a person violates or there is reasonable cause to believe that a person is about to violate any provision of this Chapter, the commissioner may bring an action in the name of the people of this state in a district court…
La. Rev. Stat. § 51:2397 Certain unlawful activities
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§2397. Certain unlawful activities A.(1) As used in this Chapter, unless the context otherwise requires: (a) "Advisor" means a person who regularly provides legal, accounting, or management services or advice to a licensee. (b) "Associate" means, if used with respect to a license…
La. Rev. Stat. § 51:2398 General provisions
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§2398. General provisions A. This Chapter shall be liberally construed to accomplish its purposes. B. A proceeding to promulgate rules or regulations regarding civil penalties under R.S. 51:2396(I) shall be subject to the Administrative Procedure Act. C. Except as otherwise provi…
La. Rev. Stat. § 51:2399.1 Intent
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§2399.1. Intent A. It is the intent of the Legislature of Louisiana that the modernization benefits provided for in this Chapter should be used primarily as an inducement for businesses to remain in the state and not relocate outside the state and to modernize their existing oper…