| (a) Required cost participation. The commission may
require, request, or accept from a local government matching or other
funds, rights-of-way, utility adjustments, additional participation,
planning, documents, or any other local incentives.
(1) Participation ratios. Except as provided in subsections
(b) and (d) of this section, the agreement between the local government
and the department must include participation ratios as described
in subsection (c) of this section.
(2) In-kind contributions. The department will accept
in-kind contributions for local government matching or other funds
only under agreements that do not include highway construction.
(b) Economically disadvantaged counties. In evaluating
a proposal for a highway improvement project with a local government
that consists of all or a portion of an economically disadvantaged
county, the executive director shall, for those projects in which
the commission is authorized by law to provide state cost participation,
adjust the minimum local matching funds requirement after receipt
of a request for adjustment under paragraph (4) of this subsection.
(1) Commission certification. The commission will certify
a county as an economically disadvantaged county on an annual basis
as soon as possible after the comptroller reports on the economic
indicators listed in Transportation Code, §222.053(a).
(2) Local match adjustment for a county described by
Transportation Code, §222.053(a). In determining the adjustment
to the local matching funds requirement, and a local government's
effort and ability to meet the requirement, the commission will consider
a local government's:
(A) population level;
(B) bonded indebtedness;
(C) tax base;
(D) tax rate;
(E) extent of in-kind resources available; and
(F) economic development sales tax.
(3) Local match adjustment for a county described by
Transportation Code, §222.053(a-1). The adjustment will be equivalent
to the highest adjustment rate set in the last year the county was
considered to meet the criteria set out in Transportation Code, §222.053(a).
(4) Request for adjustment. The city council, county
commissioners court, district board, or similar governing body of
a local government that represents all or a portion of an economically
disadvantaged county, shall submit a request for adjustment to the
local district office of the department. The request will include,
at a minimum:
(A) the proposed project scope;
(B) the estimated total project cost;
(C) a breakdown of the anticipated total cost by category
(e.g., right-of-way, utility adjustment, plan preparation, construction);
(D) the proposed participation rate;
(E) the nature of any in-kind resources to be provided
by the local government;
(F) the rationale for adjusting the minimum local matching
funds requirement; and
(G) any other information considered necessary to support
a request.
(5) Timing of determination. The executive director
will determine whether to make an adjustment at the time the local
government submits a proposal for a highway improvement or other transportation
project.
(6) Definition. For purposes of this subsection, "executive
director" means the executive director or his or her designee, not
below the level of district engineer or division or office director.
(c) Participation ratios. The department will establish
federal, state, and local cost participation ratios for highway improvement
or other transportation projects, subject to the availability of funds
to the department. In-kind participation will be valued as described
in §15.52(7)(E) of this subchapter (relating to Agreements).
(d) Off-state highway system bridge program.
(1) Definitions. The following words and terms, when
used in this subsection, shall have the following meanings, unless
the context clearly indicates otherwise.
(A) Bridge--For an equivalent-match project, a bridge
or other mainlane cross-drainage structure, including low water crossings
(with or without conduit).
(B) Deficient bridge--A bridge having a structural
load capacity or other safety condition that is inadequate.
(C) District engineer--The chief executive officer
in each designated district office of the department.
(D) Equivalent-match project--A project in which the
local government will improve the structural load capacity or other
safety condition of off-state system bridges utilizing 100% local
funds.
(E) Participation-waived project--An off-state system
bridge project in which the state agrees to pay for local participation
for eligible preliminary engineering, construction, and construction
engineering costs as shown in subsection (c) of this section. This
project must be authorized for development only, or for development
and construction, on the department's approved Unified Transportation
Program, satisfy minimum standards established by the department for
off-state system bridges, and meet the additional requirements of
this subsection.
(F) Safety work--Work performed as part of an equivalent-match
project that improves the safety of the project. This work may include,
but is not limited to, providing improved structural load capacity,
improved hydraulic capacity, increased roadway width, adequate bridge
rail, and adequate approach guardrail.
(2) Waiver. The district engineer may waive the requirement
for a local government to provide the original 10% estimate of direct
costs for preliminary engineering, construction engineering, and construction
funds on the participation-waived project(s) if the local governmental
body commits by written resolution or ordinance, as described in paragraph
(4) of this subsection, to spend an equivalent amount of funds for
structural improvement or other safety work on another bridge or bridges
on the equivalent-match project(s) within its jurisdiction or the
jurisdiction of a geographically adjacent or overlapping governmental
unit. An equivalent amount includes, but is not limited to, expenditures
for direct or indirect costs for structural improvement or other safety
work on bridge(s) in the equivalent-match project(s). Work on one
or more equivalent-match projects may be credited to one or more participation-waived
projects.
(3) Eligibility. A local government is eligible for
a waiver if:
(A) the construction contract for the participation-waived
project has not been awarded;
(B) work on the equivalent-match project has not begun
prior to approval of the waiver (approval of the waiver does not guarantee
that the participation-waived project agreement will be executed);
(C) the local government is in compliance with load
posting and closure regulations as defined in the National Bridge
Inspection Standards under 23 C.F.R. §650.303;
(D) the bridge on the proposed equivalent-match project(s)
is a deficient bridge, or a bridge that is weight restricted for school
buses; and
(E) the equivalent-match project increases the structural
load capacity of the existing bridge, replaces the bridge with a new
bridge, or otherwise increases safety, with a minimum upgrade to safely
carry expected school bus loading.
(4) Request for waiver. To request a waiver, a local
government must provide a written request to the district engineer
that includes the location(s), description of structural improvement
or other safety work proposed, estimated cost for the equivalent-match
project(s), and a copy of the local governmental body's resolution
or ordinance. The resolution or ordinance must acknowledge assumption
of all responsibilities for engineering and construction and complying
with all applicable state and federal environmental regulations and
permitting requirements for the bridge(s) on the equivalent-match
project(s).
(5) Considerations. In approving a request for waiver,
the district engineer will consider:
(A) the type of work proposed for the equivalent-match
project(s);
(B) regional transportation needs; and
(C) past performance under this subsection.
(6) Approval. The district engineer will submit a letter
to the local government indicating the district engineer's approval
or disapproval of the waiver. If disapproved, the letter will state
the reasons for disapproval. If the waiver is approved, the letter
will state that the local government, for the equivalent-match project(s)
will assume:
(A) all costs of the work;
(B) responsibility for complying with all applicable
state and federal environmental regulations and permitting requirements;
and
Cont'd... |
