Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.403 - Project Selection by MPOs

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section applies only to an MPO serving an urbanized area with a population over
				  200,000 and the award of TA Set-Aside funds suballocated for such an urbanized
				  area.
(b) The MPO, in consultation
				  with the department, shall develop a competitive process to allow project
				  sponsors to submit project applications for funding that achieve the objectives
				  of the TA Set-Aside Program.
(c)
				  The MPO shall coordinate determinations regarding project eligibility, subject
				  to audit by the FHWA.
(d) The MPO,
				  in consultation with the department, shall conduct project selection in
				  accordance with all applicable federal and state laws and
				  regulations.
(e) The MPO, in
				  consultation with the department, shall include the department's direct state
				  costs for oversight of preliminary engineering and construction in TA Set-Aside
				  project awards.
(f) Following the
				  conclusion of the competitive process, the MPO shall provide to the department
				  a list of all projects submitted during the program call on which the selected
				  projects are identified, and immediately shall begin the process required to
				  include the selected projects in its TIP.
(g) The project sponsor shall conduct project
				  implementation in accordance with all applicable federal and state laws and
				  regulations.
(h) If a project is
				  located on state right-of-way, the project sponsor is responsible for securing
				  a land-use permit from the department prior to construction.
(i) A project sponsor requesting an
				  adjustment to the minimum local funding match requirements based on the
				  county's status as an economically disadvantaged county is required to obtain
				  written authorization from the department, in the form prescribed by the
				  department, and must include the form with the application submitted to the
				  MPO. If an adjustment is granted, the adjustment percentage in effect for the
				  county at the time the application is submitted to the MPO will be used. The
				  county must remain eligible for the adjustment until the date the project
				  sponsor enters into the local agreement.
(j) Projects, or substantially similar
				  projects, submitted during a program call administered by the MPO are not
				  eligible for consideration under a concurrent program call administered by the
				  department.
(k) Not later than
				  November 15 of each year, the MPO shall submit to the department a report that
				  describes:
(1) the number of project
				  applications received by the MPO for the preceding federal fiscal year (the
				  period of October 1 through September 30), including the aggregate cost of the
				  projects for which applications are received and the types of projects to be
				  carried out, expressed as percentages of the MPO's total apportionment for TA
				  Set-Asides; and
(2) the number of
				  projects selected for funding by the MPO for the preceding federal fiscal year,
				  including the aggregate cost and location of projects selected.