| (a) Purpose. Title 23 U.S.C. §135, as implemented
by 23 C.F.R. Part 450, requires each state to carry out a continuing,
comprehensive, and intermodal statewide transportation planning process
that facilitates the efficient, economic movement of people and freight
in all areas of the state, including those areas subject to federal
metropolitan planning requirements.
(b) Statewide transportation improvement program (STIP)
development. The department, in cooperation with the MPOs designated
for metropolitan areas and RPOs designated for areas that are not
within the boundaries of an MPO, will develop a STIP covering a period
of four years for all areas of the state in accordance with federal
requirements. The STIP includes all of the transportation improvement
programs (TIP) and rural transportation improvement programs (RTIP)
approved in accordance with requirements established in §16.101
and §16.102 of this subchapter (relating to Transportation Improvement
Program (TIP) and Rural Transportation Improvement Program (RTIP),
respectively). The STIP shall include, to the maximum extent practicable,
a description of the anticipated effect of the STIP toward achieving
the federal performance targets and a demonstration of the link between
the investment priorities to those performance targets.
(1) Projects included.
(A) A highway or transit project funded under Title
23 U.S. Code or the Federal Transit Act (49 U.S.C. §5307 et seq.)
will be included in a federally approved STIP. A project in the STIP
will be consistent with the statewide long-range transportation plan,
metropolitan transportation plan, and transportation improvement program,
and the STIP will reflect expected funding and priorities for programming.
(B) Projects that are not considered by the department
and MPO to be of appropriate scale for individual identification in
a given program year (e.g., minor rehabilitation, preventive maintenance,
non-urbanized transit projects) may be grouped by function, geographic
area, or work type.
(C) In a nonattainment area, only those projects determined
to conform to the requirements of the Clean Air Act and which comply
with the state implementation plan may be included in the STIP.
(D) Regionally significant projects to be funded with
non-federal funds will be included in the STIP for planning, coordination,
and public disclosure purposes.
(E) Projects may be excluded from the STIP by agreement
between the department and the MPO in accordance with requirements
established in §16.101(d) of this subchapter.
(2) Statewide transportation improvement program (STIP)
funding. The federal funding level for each year of the STIP is the
annual authorization as outlined in 23 U.S.C. §101 et seq. and
funds appropriated under 49 U.S.C. §5307 et seq., in addition
to the appropriate state and local match.
(c) Statewide transportation improvement program (STIP)
financial plan. The STIP will reflect the priorities for programming
and expenditure of funds and will:
(1) include a financial plan that demonstrates how
the transportation improvements can be funded and reasonably implemented;
(2) be consistent with funding reasonably expected
to be available during the relevant period as provided under the unified
transportation program in §16.105 of this subchapter (relating
to Unified Transportation Program (UTP)); and
(3) be financially constrained by year.
(d) Statewide transportation improvement program (STIP)
public involvement process. The governor is responsible for providing
for public involvement in the STIP development process. If the governor
delegates this responsibility to the commission, the commission, or
if further delegated, the executive director, will provide for public
involvement in accordance with this subsection.
(1) Initial adoption of the STIP. The department will
hold at least one statewide public hearing regarding the adoption
of the proposed STIP.
(A) The department will publish a notice of the hearing
in the Texas Register a minimum of
15 days prior to it being held and will inform the public where to
send any written comments.
(B) The department will accept written public comments,
including comments submitted in electronic format, for a period of
at least 30 days after the date the notice appears in the Texas Register.
(C) A copy of the proposed STIP will be available for
review, at the time the notice of hearing is published, at each of
the district offices, at the department's Transportation Planning
and Programming Division offices in Austin, and on the department
website.
(D) A STIP must be approved in accordance with subsection
(e) of this section.
(E) The approved STIP will be made available at each
of the district offices, at the department's Transportation Planning
and Programming Division offices in Austin, and on the department
website.
(2) STIP amendments.
(A) General. The governor will approve amendments to
the STIP. If the governor delegates this authority to the commission,
the commission, or if further delegated, the executive director, will
approve amendments according to a published schedule developed in
accordance with subsection (f) of this section, which the department
will make available at the district offices, to the MPOs, and on the
department website on an annual basis.
(B) Amendments to the STIP. The STIP may be amended
consistent with the requirements established in §16.101(k) of
this subchapter. The public involvement process for amendments to
the STIP will be the same as for initial adoption of the STIP.
(e) Statewide transportation improvement program (STIP)
approval.
(1) The governor will approve the STIP. The governor,
or if the governor delegates this authority to the commission, the
commission, or if further delegated, the executive director, must
approve the STIP if it finds the STIP has met all the requirements
of this section and that it satisfies the project selection criteria
developed for the department's unified transportation program, as
set forth in §16.105(d) of this subchapter.
(2) The governor, or if the governor delegates this
authority to the commission, the commission, or if further delegated,
the executive director, may approve a partial STIP if difficulties
are encountered in cooperatively developing the TIP portion for a
particular metropolitan or rural area.
(f) Statewide transportation improvement program (STIP)
revisions.
(1) Schedule of revisions. The department and the MPOs
are required to adhere to a quarterly STIP revision cycle, except
as provided in paragraph (2) of this subsection. Project information
and MPO approval documentation for the quarterly revisions must be
received by the department's Transportation Planning and Programming
Division by the close of business on the submittal date established
by the department.
(2) Exceptions.
(A) Request. An MPO or the department may submit a
written request for an exception to the quarterly revision schedule.
The request must include reasons justifying the need for the exception.
(B) Approval of request. The executive director may
approve an exception to this requirement if:
(i) additional funding becomes available; or
(ii) the revision involves a project which is expected
to have a significant effect on capacity, connectivity, or public
safety and security on transportation systems.
(g) Project selection procedures. Under 23 C.F.R. §450.220,
project selection from an approved STIP depends on whether a project
selected for implementation is located in or outside of a metropolitan
planning area and on the type of federal funding involved. The purpose
of this subsection is to prescribe project selection procedures and
specify which entity may select a project for implementation.
(1) General. Project selection procedures must be developed
for each metropolitan area and for state projects that lie outside
of metropolitan planning areas. The department will develop and reevaluate
annual project selection procedures for state projects that lie outside
of metropolitan planning areas.
(A) Project agreement. The first year of both the TIP
and the STIP constitute an agreed to list of projects for project
selection purposes. Project selection may be revised if the apportioned
funds, including the highway obligation ceiling and public transportation
appropriations, are significantly more or less than the authorized
funds. In such cases, if requested by the MPO, the department, or
the public transportation operator, a revised agreed-to list of projects
for project selection purposes may be developed.
Cont'd... |
