Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter D - APPROVAL OF A TRANSPORTATION PROJECT › Section 26.36 - Projects of Another Governmental Entity

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Except as for a transportation project described in Transportation
				  Code, §
										370.033(f)(1) or
				  (2), the department must approve an RMA's
				  acquisition, planning, design, construction, maintenance, repair, or operation
				  of a transportation project on behalf of another governmental entity.
				  Feasibility analysis, including preliminary design, is not subject to the
				  approval requirements of this section. This section prescribes the procedures
				  by which the commission will consider approval.
(b) Request. An RMA seeking commission
				  approval under this section must submit a request to the executive director.
				  The request must include:
(1) an overview of
				  the transportation project for which the request is being made, including a
				  description of the project, the total estimated cost of the project, and a
				  description of the work to be performed by the RMA and by the governmental
				  entity;
(2) a description of the
				  need for the project and the benefits anticipated to result from completion of
				  the project, including any anticipated:
(A)
				  impacts on the economic development potential in the area;
(B) reductions in congestion;
(C) improvements in efficiency on the
				  region's transportation system;
(D) enhancements to safety; and
(E) improvements to air quality in the
				  region;
(3) a proposed
				  project funding plan that includes amounts proposed for each of the project
				  cost categories, including design, development, financing, construction,
				  maintenance, and operation;
(4)
				  department contributions and participation anticipated to be requested for the
				  project;
(5) official written
				  approval of the project by the board of the RMA and the governing body of the
				  governmental entity with jurisdiction over the project;
(6) a description of and any documentation
				  evidencing local public support for the project and any local public
				  opposition;
(7) a preliminary
				  project development and implementation schedule, including an estimated date
				  when the project will be completed;
(8) a description of the RMA's experience in
				  developing transportation projects comparable to the project for which the
				  request is being made;
(9) if
				  applicable, given the nature of the project, information explaining how the
				  project will be consistent with the Statewide Transportation Plan and, if
				  appropriate, with the metropolitan transportation plan developed by the
				  metropolitan planning organization with jurisdiction over the project;
(10) a preliminary identification
				  of any known environmental, social, economic, or cultural resource issues, such
				  as hazardous material sites, impacts on wetlands and other water resources,
				  endangered species, parks, neighborhoods, businesses, historic buildings or
				  bridges, and archeological sites;
(11) a binding commitment that the
				  environmental consequences of the proposed project will be fully considered in
				  accordance with, and that the proposed project will comply with, all applicable
				  local, state, and federal environmental laws, regulations, and requirements;
				  and
(12) a binding commitment to
				  implement all EPIC.