| is an allocation program,
the listing is for informational purposes only and contains those
projects reasonably expected at the time the UTP is adopted or updated
to be selected for development or letting during the applicable period.
For the purpose of listing projects in the UTP, "project" means a
connectivity or new capacity roadway project. The term does not include
a safety project, bridge project, federal discretionary project, maintenance
project, preservation project, transportation alternatives project,
or locally funded project.
(f) Limitation on distribution. In distributing funds
to the districts, metropolitan planning organizations, and other entities
described in subsections (a) and (c) of this section, the department
may not exceed the planning cash flow forecast prepared and published
in accordance with §16.152(a) of this subchapter (relating to
Cash Flow Forecasts). In developing and distributing funds for purposes
of letting, the department may not exceed the base cash flow forecast
prepared and published in accordance with §16.152(b) of this
subchapter.
(g) Formula revisions. The commission will review and,
if determined appropriate, revise both the formulas and criteria for
allocation of funds under subsections (a) - (c) of this section at
least as frequently as every four years.
(h) Supplemental allocations. The commission may supplement
the funds allocated to individual districts under subsections (a)(1)
and (7) of this section in response to special initiatives, safety
issues, or unforeseen environmental factors. Supplemental funding
under this subsection is not required to be allocated proportionately
among the districts and is not required to be allocated according
to the formulas specified in subsections (a)(1) and (7) of this section.
In determining whether to allocate supplemental funds to a particular
district, the commission may consider safety issues, traffic volumes,
pavement widths, pavement conditions, oil and gas production, well
completion, or any other relevant factors.
(i) Carryover. If at the beginning of a fiscal year
an amount allocated in a category to an entity in the preceding fiscal
year is not committed during the preceding fiscal year, that uncommitted
amount plus any uncommitted amount carried over to the preceding fiscal
year carries over in that category to that entity for use in the fiscal
year. As used in this section, carryover refers to the amount carried
over from one fiscal year to the next fiscal year and is not considered
as an allocation for the fiscal year to which it is carried over.
For the purpose of this section, an amount of funds is considered
to be committed if the transportation project with which the amount
is programmed is in the department's project management system and
is progressing towards letting. The department may adjust the amount
of the carryover, subject to subsections (j) and (k) of this section.
(j) Carryover in Category 5 Congestion Mitigation and
Air Quality. To ensure that the state does not lose the ability to
commit allocated funds and other federal funds, the department annually
will review the use and programming of Category 5 funds. If at the
beginning of a fiscal year a district and MPO has a carryover equal
to more than 200 percent of the previous fiscal year's Category 5
allocation, the department may decrease the amount of the Category
5 carryover to an amount that is not less than 200 percent of the
previous fiscal year's Category 5 allocation. The department may redistribute
any amount of the reduction to another district and MPO but only for
an eligible project in a non-attainment area, as authorized by law.
The department will report to the commission all proposed redistributions
and notify any impacted MPO before the department makes a redistribution
under this subsection.
(k) Carryover in Category 2 Metropolitan and Urban
Corridor Projects. To ensure that the state does not lose the ability
to commit allocated funds and other federal funds, the department
annually will review the use and programming of Category 7 funds.
If at the beginning of a fiscal year an MPO has a carryover equal
to more than 200 percent of the previous fiscal year's Category 7
allocation, the department may decrease the amount of the Category
2 carryover, if any, by an amount equal to the difference between
the amount of the Category 7 carryover and 200 percent of the previous
fiscal year's Category 7 allocation. The department may redistribute
that amount from Category 2 to the corresponding district's Category
11 District Discretionary allocation for use on the district's safety
program. The department will report to the commission all proposed
redistributions and notify any impacted MPO before the department
makes a redistribution under this subsection.
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| Source Note: The provisions of this §16.154 adopted to be effective January 1, 2011, 35 TexReg 8388; amended to be effective November 15, 2012, 37 TexReg 8981; amended to be effective October 12, 2014, 39 TexReg 7945; amended to be effective March 18, 2015, 40 TexReg 1524; amended to be effective January 1, 2017, 41 TexReg 10670; amended to be effective February 16, 2022, 47 TexReg 660; amended to be effective February 6, 2024, 49 TexReg 563 |
