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RULE §25.502Project Eligibility

(a) Types of projects. Projects eligible to receive funding under this program include those involving both infrastructure related and non-infrastructure related activities.

(b) Infrastructure projects. Eligible infrastructure based projects include:

  (1) sidewalk improvements such as new sidewalks, widened sidewalks, sidewalk gap closures, sidewalk repairs, curb cuts for ramps, and the construction of curbs and gutters;

  (2) pedestrian/bicycle crossing improvements such as new or upgraded traffic signals, crosswalks, median refuges, pavement markings, traffic signs, pedestrian or bicycle over-crossings and under-crossings, flashing beacons, traffic signal phasing extensions, bicycle sensitive actuation devices, pedestrian activated signal upgrades, and sight distance improvements;

  (3) on-street bicycle facilities such as new or upgraded bicycle lanes, widened outside lanes or roadway shoulders, geometric improvements, turning lanes, channelization and roadway realignment, traffic signs, and pavement markings;

  (4) traffic diversion improvements including separation of pedestrians and bicycles from vehicular traffic adjacent to school facilities, and traffic diversion away from school zones or designated routes to a school;

  (5) off-street bicycle and pedestrian facilities including exclusive multi-use bicycle or pedestrian trails and pathways;

  (6) traffic calming measures for off-system roads such as roundabouts, traffic circles, curb extensions at intersections that reduce curb-to-curb roadway travel widths, center islands, full and half-street closures, and other speed reduction techniques;

  (7) secure bicycle parking facilities; and

  (8) other projects that promote pedestrian and bicycle safety of children in and around school areas.

(c) Non-infrastructure projects. Non-infrastructure projects are those activities designed to encourage walking and bicycling to school. Eligible projects include:

  (1) public awareness campaigns and outreach efforts to the news media and community leaders;

  (2) traffic education and enforcement in the vicinity of schools;

  (3) providing student education on bicycle and pedestrian safety, health, and the environment; and

  (4) other projects that promote pedestrian and bicycle safety of children in and around school areas.

(d) Location for infrastructure projects. Infrastructure projects must be located within public right of way within a two-mile radius of an eligible school. The proposal may include projects that are located:

  (1) on or off the dedicated state highway system; or

  (2) on private lands that have a public easement if there is a written legal easement or other written legally binding agreement that ensures public access to the project.

(e) Project cost limitations. The executive director may limit the maximum amount of funding participation per project for each year of the program. This limitation will be based on the availability of and demand for program funding and may be established with each call for projects issued under this subchapter. The project cost limitation will apply to all projects submitted for consideration.

(f) Eligible project boundaries.

  (1) Infrastructure project applications may be in connection with a single school campus, multiple schools, a region, or a school district.

  (2) Non-infrastructure projects may cover a single school, multiple schools, school district, multiple school districts, multiple regions, or be statewide in nature.

(g) Projects proposed on the state highway system. Any proposed infrastructure project under this program on the state highway system will not be eligible if the district finds that the project interferes or disrupts any planned improvements or existing infrastructure.

Source Note: The provisions of this §25.502 adopted to be effective December 5, 2001, 26 TexReg 9917; amended to be effective July 18, 2002, 27 TexReg 6349; amended to be effective July 20, 2006, 31 TexReg 5668

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