January 2022 TOC

Emergency RulesDECLARATION OF EMERGENCYand Forestry hereby exercises its full and plenary powerpursuant to R.S. 3:1652 to deal with crop and fruit pests andcontagious and infectious crop and fruit diseases byimposing the quarantines set out in these emergencyregulations.This rule shall have the force and effect of law uponsignature, and will remain in effect 180 days, unless renewedby the Commissioner of Agriculture and Forestry or untilpermanent rules are promulgated in accordance with law.Title 7.AGRICULTURE AND ANIMALSPart XV. Plant Protection and QuarantineChapter 1.Crop Pests and DiseasesSubchapter B. Nursery Stock Quarantines§127. Citrus Nursery Stock, Scions and BudwoodA. - C. D. Citrus Greening1. 2. Quarantined Areas. The quarantined areas in thisstate are the parishes of Orleans, Washington, Jefferson, St.Bernard, Plaquemines, St. Charles, and any other areasfound to be infested with CG. The declaration of any otherspecific parishes or areas shall be published in the officialjournal of the state and in the Louisiana Register.D.3. - E. F. Citrus Canker Disease Quarantine1. - 3. 4. Quarantined areas in this state include:a. b. the portion of St. Martin Parish bounded by a linebeginning at the intersection of Smede Hwy. and VieuxChene Drive; then head east on Smede Hwy. to DuchampRoad; from Duchamp Road, head north to the GPScoordinates 30.097187, -91.922952; then head west in astraight line to GPS coordinates 30.097103, -91.929205;then head south to the intersection of Smede Hwy. and VieuxChene Drive.c. A declaration of quarantine for CC covering anyother specific parishes or areas of this state shall bepublished in the official journal of the state and in theLouisiana Register.F.5. - G.3. Department of Agriculture and ForestryOffice of Agriculture and Environmental SciencesHorticulture and Quarantine ProgramsCitrus Canker Disease Quarantine (LAC 7:XV.127)In accordance with the emergency provisions of theAdministrative Procedure Act, R.S. 49:953.1, and pursuantto the authority of the state entomologist in R.S. 3:1652,notice is hereby given that Department of Agriculture andForestry is adopting these emergency regulations adding St.Charles Parish to the existing quarantined areas for citrusgreening disease (“CG”), also known as Huanglongbingdisease of citrus, caused by the bacterial pathogenCandidatus Liberibacter spp and also adding a portion of St.Martin Parish to the existing quarantined areas for CitrusCanker Disease (“CC”) caused by the bacterial pathogensXanthomonas axonopodis pv. Citri and Xanthomonasaxonopodis pv. aurantifolii. The state entomologist hasdetermined that CG and CC has been found in this state andmay be prevented, controlled, or eradicated by quarantine incertain parishes.CG and CC poses an imminent peril to the health andwelfare of the Louisiana commercial citrus industry due totheir ability to infest rutaceous plants. This industry has afarm value of 2.4 - 5 million in southeastern Louisiana inthe form of citrus nursery stock, and 5.1 million in the formof commercial citrus fruit in the state. CG renders the fruitunmarketable and ultimately causes death of infested plants.CC causes premature leaf and fruit drop, twig dieback andtree decline in citrus trees and is spread by wind-driven rainor through the movement of infected plants. Failure toprevent, control, or eradicate these pests threatens to destroyLouisiana’s commercial citrus industry and the growing andharvesting of citrus by citizens of Louisiana for their ownprivate use.Louisiana’s commercial citrus industry adds 7.5 - 10million dollars to the state’s agriculture economy each year.Sales of citrus trees and plants by nursery stock dealers toprivate individuals also are important to the state’s economy.The loss of the state’s commercial citrus industry andprivately owned citrus trees and fruit would be devastatingto the state’s economy and to its private citizens. Thequarantine established by this emergency regulation isnecessary to prevent the spread of CG and CC in Louisianaoutside of the current areas where these diseases havealready been found.For these reasons, the outbreak CG in Louisiana presentsan imminent peril to the health, safety and welfare ofLouisiana’s citizens and the state’s commercial and privatecitrus industry as set forth in R.S. 49:953.1(A)(1)(a). As aresult of this imminent peril, the Department of AgricultureAUTHORITY NOTE: Promulgated in accordance with R.S.3:1652.HISTORICAL NOTE: Promulgated by the Department ofAgriculture, Office of Agricultural and Environmental Sciences,LR 11:319 (April 1985), amended by the Department ofAgriculture and Forestry, Office of Agricultural and EnvironmentalSciences, LR 40:1308 (July 2014), LR 42:730 (May 2016), LR44:439 (March 2018), LR 45:1435 (October 2019), LR 48:Mike Strain DVMCommissioner2201#0041Louisiana Register Vol. 48, No. 1 January 20, 2022

DECLARATION OF EMERGENCYDECLARATION OF EMERGENCYBoard of Elementary and Secondary EducationBoard of Elementary and Secondary EducationBulletin 130—Regulations for the Evaluation andAssessment of School Personnel—Personnel Evaluation(LAC 28:CXLVII.301)Bulletin 140—Louisiana Early Childhood Care andEducation Network—Childhood Care and EducationAccountability System (LAC 28:CLXVII.503 and 509)In accordance with the provisions of R.S. 17:6(A)(10) andthe Administrative Procedure Act (APA), R.S. 49:953(B)(1)et seq., the Board of Elementary and Secondary Educationhas amended LAC 28:CXLVII:301 in Bulletin 130—Regulations for the Evaluation and Assessment of SchoolPersonnel. The revisions require, for the 2021-2022academic year, that school leader student learning targetsbased on measures other than school performance scores beused for evaluative purposes. These revisions are in responseto a waiver of calculation and assignment of schoolperformance scores by the Board at the October 2021meeting pursuant to the Louisiana Department of Educationreceipt of a United States Department of Education waiverof Every Student Succeeds Act Accountability provisions forthe 2020-2021 school year. This Declaration of Emergency,effective December 15, 2021, is for a period of 180 daysfrom adoption, or until finally adopted as Rule.Title 28EDUCATIONPart CXLVII. Bulletin 130—Regulations for theEvaluation and Assessment of School PersonnelChapter 3.Personnel Evaluation§301. Overview of Personnel EvaluationA. - B. C. For the 2020-2021 academic year only, if a schoolleader has one learning target based on school performanceand one learning target based on alternate measures, then thealternate learning target shall be duplicated for purposes ofcalculating a final student growth score for the school leader.D. For the 2020-2021 academic year only, if eachlearning target of a school leader is based on schoolperformance, then the observation score will comprise thesum total of school leader evaluation score.In accordance with the provisions of R.S. 17:6(A)(10) andthe Administrative Procedure Act (APA), R.S. 49:953(B)(1)et seq., the Board of Elementary and Secondary Educationhas amended LAC 28:CLXVII. Bulletin 140—LouisianaEarly Childhood Care and Education Network. Therevisions align 2021-2022 early childhood observationpolicy with the approved 2021-2022 K-12 observationpolicy approved by the Board in October 2021 to alleviatethe burdens of cost and time, amplified by the COVID-19pandemic, associated with conducting these observations.This Declaration of Emergency, effective December 15,2021, is for a period of 180 days from adoption, or untilfinally adopted as Rule.Title 28EDUCATIONPart CLXVII. Bulletin 140—Louisiana Early ChildhoodCare and Education NetworkChapter 5.Early Childhood Care and EducationAccountability System§503. Coordinated Observation Plan and ObservationRequirementsA. - B.2.c. 3. Required Observationsa. For the 2020-2021 and 2021-2022 academicyears only, all infant, toddler, and pre-K classrooms in apublicly-funded site will receive one CLASS observationduring the school year conducted by the communitynetwork.b. Any infant, toddler, and/or pre-K classroom thatreceives a fall CLASS score of 4.49 or lower after thirdparty replacement (if applicable) shall be observed a secondtime.c. Following the 2020-2021 and 2021-2022academic years, all infant, toddler, and pre-K classrooms in apublicly-funded site will receive two CLASS observationsduring the school year conducted by the communitynetwork.d. Following the 2020-2021 and 2021-2022academic years, one observation shall occur during the fallobservation period, if the classroom is in existence onOctober 1, and the other shall occur during the springobservation period, if the classroom is in existence onFebruary 1.AUTHORITY NOTE: Promulgated in accordance with R.S.17:6(A)(10), R.S. 17:391.10, R.S. 17:3881-3886, and R.S. 17:39013904, R.S. 17:3997, and R.S. 17:10.1.HISTORICAL NOTE: Promulgated by the Board ofElementary and Secondary Education, LR 38:1215 (May 2012),amended LR 38:2359 (September 2012), LR 39:1273 (May 2013),LR 41:1266 (July 2015), LR 43:2480 (December 2017), LR 47:354(March 2021), LR 48:Sandy HollowayExecutive Director2201#002Louisiana Register Vol. 48, No. 1 January 20, 20222

e. CLASS observations conducted by third-partycontractors hired by the department shall not count towardsthis requirement.B.4. - E. things necessary to prevent waste of groundwater resources,and to prevent or alleviate damaging or potentially damagingsubsidence of the land surface caused by withdrawal ofgroundwater within the district. The commission hasapproved an increase in the pumpage fee. The pumpage feeincrease is needed to fund all things necessary to achieve theinstallation of the independent metering system. This actionis being taken to promote the public health of Southern HillsAquifer System users by ensuring continued access andconservation of the aquifer.Effective January 10, 2022, the Capital Area GroundWater Conservation Commission adopts provisionsgoverning installation of an independent metering system.Title 56PUBLIC WORKSPart V. Capital Area Ground Water ConservationCommissionChapter 7.Rules and Regulations for Meteringand/or Recording the Yield of WaterWells§707. Measuring Well YieldA.1. - A.1.c. 2. The commission shall have the authority to installan independent metering system on well owner’s propertyfor the purpose of ensuring an accurate measurement of thetotal yield of each well to prevent waste of groundwaterresources, and to prevent or alleviate damaging orpotentially damaging subsidence of the land surface causedby withdrawal of groundwater within the district.a. If there is a discrepancy or inconsistency betweenthe owner’s meter and the commission’s meter, the ownermay require the commission to hire an independentcontractor to verify the accuracy of the commission’s meterat the owner’s expense.AUTHORITY NOTE: Promulgated in accordance with R.S.17:6 and 17:407.30 et seq.HISTORICAL NOTE: Promulgated by the Board ofElementary and Secondary Education, LR 46:556 (April 2020,amended LR 48:§509.Performance Rating Calculations for PubliclyFunded SitesA. - B.3. 4. Exception due to the COVID-19 pandemic withregard to observation completion and other associatedchallenges. For the 2020-2021 and 2021-2022 school yearsonly, a classroom that does not have a second observationbecause the classroom received a fall CLASS score of 4.50or higher after third party replacement shall have their fallCLASS score after third party replacement duplicated andtreated as the spring local observation for the purposes ofperformance rating. A classroom that does not have a secondobservation for any other reason shall have their scorereplaced consistent with Subsection B of this Section.C. - G. AUTHORITY NOTE: Promulgated in accordance with R.S.17:6 and 17:407.21 et seq.HISTORICAL NOTE: Promulgated by the Board ofElementary and Secondary Education, LR 41:2587 (December2015), amended LR 42:1873 (November 2016), LR 44:1442(August 2018), LR 45:1453 (October 2019), LR 47:1286(September 2021), LR 48:Sandy HollowayExecutive Director2201#003AUTHORITY NOTE: Promulgated in accordance with R.S.38:3076(14) and 38:3079.HISTORICAL NOTE: Promulgated by the Office of theGovernor, Capital Area Ground Water Conservation Commission,LR 3:307 (July 1977), repromulgated LR 33:2647 (December2007), amended LR 48:DECLARATION OF EMERGENCYOffice of the GovernorCapital Area Ground Water Conservation CommissionIndependent Metering Installation(LAC 56:V.707 and 1107)Chapter 11.Determination of and Payment ofAccounts§1107. Pumpage FeeThe pumping charges for ground water users shall be 65per million gallons and is to be paid quarterly.The Capital Area Groundwater Conservation Commissionadopts LAC 56:V.707.A.2 and amends LAC 56:V.1107 inthe Capital Area Ground Water Conservation Commissionchapter as authorized by R.S. 38:3076. This Emergency Ruleis promulgated in accordance with the provisions of theAdministrative Procedure Act, R.S. 49:953.1 et seq., andshall be in effect for the maximum period allowed under theAct or until adoption of the final Rule, whichever occursfirst.This Emergency Rule is being promulgated in order toadopt provisions governing the implementation of anindependent metering system on all wells within theSouthern Hills Aquifer System. This action is being takenbecause the commission is unable to determine preciselyhow much groundwater is being removed from the aquifer.As such, the commission cannot fulfill its duty to do allAUTHORITY NOTE: Promulgated in accordance with R.S.38:3076(14) and 38:3079.HISTORICAL NOTE: Promulgated by the Office of theGovernor, Capital Area Ground Water Conservation Commission,LR 1:291 (July 1975), amended LR 10:592 (August 1984) effectiveJanuary 1, 1985, repromulgated LR 33:2649 (December 2007),amended LR 34:435 (March 2008), effective April 1, 2008, LR39:486 (March 2013), LR 42:403 (March 2016), LR 45:1580(November 2019), LR 48:Gary BeardExecutive Director2201#0593Louisiana Register Vol. 48, No. 1 January 20, 2022

Effective February 16, 2022, the Department of Health,Bureau of Health Services Financing, the Office of Agingand Adult Services, and the Office for Citizens withDevelopmental Disabilities continue the provisions of theApril 8, 2020, October 19, 2020, and December 10, 2020Emergency Rules in order to amend Title 50 of theLouisiana Administrative Code throughout the duration ofthe COVID-19 public health emergency declaration:Nursing Facilities—Reimbursement Methodology—Reimbursement Adjustment (LAC 50:II.20006)The per diem rate paid to privately owned or operatednursing facilities shall include an add-on of 12 for theduration of the COVID-19 public health emergencydeclaration or to end at the discretion of the state.Nursing Facilities—Reimbursement Methodology—NonState, Government Owned or Operated Facilities andState-Owned or Operated Facilities (LAC 50:II.20009)Non-state, government-owned or operated nursingfacilities will be paid a case-mix reimbursement rate inaccordance with §20005 with the following exception.State-owned or operated and non-state, governmentowned or operated nursing facilities are not eligible for, andwill not receive, the State and/or Federal declaredemergency add-on rate.Nursing Facilities—Reimbursement Methodology—Leave of Absence Days (LAC 50:II.20021)State-owned or operated, and non-state governmentowned or operated, facilities are not eligible for, and will notreceive, the State and/or Federal declared emergencymodification to leave of absence day payments.Home Health Program—Home Health Services(LAC 50:XIII.Subpart 1)For the duration of the COVID-19 public healthemergency declaration, non-physician practitioners (nursepractitioners and physician assistants) will be able to orderand revie

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