I. Purpose The purpose of the Rules is to prescribe the statewide transportation planning process through which a, long-range intermodal, comprehensive statewide transportation plan will be developed, integrated updated, and amended by the Colorado Department of Transportation (Department), in cooperation with local governments, Metropolitan Planning Organizations, Regional Planning Commissions, Indian tribal governments, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, U.S. Forest Service, Bureau Of Land Management, Secretary of the Interior, U.S. Park Service, and other federal and state agencies, the private sector, and the general public. This cooperative process is designed to coordinate regional transportation planning, guided by the statewide transportation policy, as a fundamental basis for developing the statewide transportation plan. The result of the statewide transportation planning process shall be a long range, financially feasible, environmentally sound intermodal transportation system plan for Colorado. Further, the purpose of the rules is to identify the state's Transportation Planning Regions for which long- range Regional Transportation Plans are developed, and prescribe the process for conducting and initiating transportation planning in these regions as well as coordinating with the Metropolitan Planning Organizations for planning in the metropolitan areas. In addition, the purpose of the rules is to describe the organization and function of the Statewide Transportation Advisory Committee (STAC). The rules are being promulgated to meet the intent of both the U.S. Congress and the Colorado General Assembly for developing an ongoing, comprehensive, coordinated planning process to address the transportation problems of the state by producing a statewide transportation plan. This plan will be implemented by systematic project prioritization and selection and budgeting of resources, utilizing a comprehensive input process including provisions pursuant to § 43-1-106 (8) (a) and (i) Colorado Revised Statutes (C.R.S.)

The rules are intended to be coordinated with and not be a replacement for the federal transportation planning requirements contained in Title 23 United States Code (U.S.C.) 134 and 135 and in implementing regulations contained in the certain sections of title 23 Code of Federal Regulations (CFR) Part 450 incorporated herein.

II. Authority/Incorporation A. The rules are promulgated by the Commission pursuant to the specific statutory authority of § 43-1- 1103 (5) C.R.S., and to the general statutory authority of § 43-1-101 (1) (d) (e) and, § 43-1-106 (8), Title 23 U.S.C. 134 and 135.

B. The Statements of Basis, Specific Statutory Authority, and Purpose for the adoption of the Rules effective October 30, 1992, for the rules as amended June 27, 1994, and for the Rules as amended July 17, 1997, and for the rules as amended July 17, 2006 are hereby incorporated by reference, and shall be available for copying or public inspection during regular business hours from the Statewide Planning Manager, Colorado Department Of Transportation, 4201 E. Arkansas Avenue, Denver, Colorado 80222.

C. The following federal rules are hereby incorporated into the Rules by this reference: sections 208, 210, 212, 214, 316 (b), 318 (c), 322 (a) & (c), and 324 of Title 23 CFR Part 450 , issued by the Federal Highway Administration.

The Rules do not include amendments to or editions of the incorporated material made after the effective date of the Rules. Copies of the incorporated materials are available for public inspection during regular business hours from the statewide planning manager at the above address. Information concerning how the incorporated material may be obtained or examined will be provided by the statewide planning manager upon request. Any material incorporated by reference into the Rules may also be examined at any state publications depository library.

III. Definitions The following definitions shall apply to the Rules:

Accessible - ensure that all meeting locations are reachable by persons from households without vehicles; and that they will be accessible to persons with disabilities in accordance with CDOT Policy 605.0 and the Americans with Disabilities Act.

Air Quality At-Risk Area - an area that has been identified in writing by the Colorado Department of Public Health and Environment and the Department where violations of ambient air quality standards for may be imminent unless increases in transportation related emissions in that area are mitigated.

Alternative Mode - any mode of transportation other than single occupant vehicle. Commission - the State Transportation Commission created by § 43-1-106, C.R.S. Corridor - a described geographic area, having length and width. Corridor Vision - A comprehensive examination of a specific transportation corridor which includes a determination of needs and an expression of desired state of the transportation system over the planning period and includes all modes and facilities.

Department - the Colorado Department of Transportation. Division Director - the Director of the Division of Transportation Development, Colorado Department of Transportation, 4201 E. Arkansas Ave., Denver, Colorado 80222. Fiscally Constrained - the financial limitation on transportation plans based on the projection of revenues reasonably expected to be available over the long-range planning period as adopted by the Commission prior to updating regional and statewide plans. Intergovernmental Agreement - an arrangement made between two or more political subdivisions that form associations for the purpose of promoting the interest and welfare of said subdivisions, as defined in § 30-28-105, C.R.S.

Intermodal - refers to: the provision of connections between different transportation modes, (bicycle, pedestrian, transit, rail, and aircraft).

Long-range Planning - a reference to a planning period with a minimum 20-year planning horizon. Metropolitan Area - is determined by agreement between the MPO and the Governor pursuant to Title 23 U.S.C. § 134.

Metropolitan Planning Organization (MPO) - an organization within the State of Colorado designated by agreement among the units of general purpose local government and the Governor, charged to develop the transportation plans and programs in a metropolitan area pursuant to Title 23 U.S.C. 134.

Mobility - the ability to move people, goods, and information among various origins and destinations.

Multimodal - refers to: a comprehensive or integrated transportation mode approach, often utilizing two or more transportation modes.

Nonattainment Area - any geographic region of the United States which has been designated as nonattainment under § 107 of the Clean Air Act Amendments (CAAA) for any pollutant for which a national ambient air quality standard exists.

Non-metropolitan Area - rural geographic area outside a designated metropolitan area. Regional and Statewide Plan Guidebook - The plan guidebook is developed in collaboration with CDOT’s planning partners in order to assist local governments and interested parties in the development of long-range transportation plans. Though MPO processes are addressed in federal regulations, some information is typically included for MPOs based on the need for consistency between rural and metropolitan plans as they are consolidated into the Statewide Transportation Plan. Also referred to as “the Guidebook” . Regional Planning Commission (RPC) - the planning body formed under the provisions of § 30- 28-105 (1), C.R.S., and designated under section IV-B of the Rules to formulate a Regional Transportation Plan.

Regional Transportation Plan (RTP) - a technically-based, long-range plan designed to address the future transportation needs for a Transportation Planning Region including, but not limited to, anticipated funding, priorities, and implementation plans, pursuant to, but not limited to, § 43-1- 1103 (1) and (2) C.R.S.

State Transportation System - refers to all transportation facilities in Colorado, including, but not limited to, highways, local roads, aviation, facilities, transit facilities, and rail facilities. Statewide Planning Manager - the person who manages the Statewide and Regional Planning Section at the Colorado Department of Transportation, 4201 E. Arkansas Ave., Denver, CO 80222.

Statewide Transportation Advisory Committee (STAC) - the committee created by § 43-1-1104, C.R.S., to review Regional Transportation plans, amendments, and updates to the plans, and to advise the Department on the needs of transportation systems in Colorado. Statewide Transportation Improvement Program (STIP) - a staged, financially constrained, multi- year, statewide, intermodal program of transportation projects which is consistent with the statewide transportation plan and planning processes, with metropolitan planning area plans, tips and processes, and which is developed pursuant to Title 23 U.S.C. 135 (f) (1991). Statewide Transportation Plan - the long-range comprehensive, multimodal statewide transportation plan adopted by the Commission pursuant to the provisions of § 43-1-1103 (5), C.R.S.

System Continuity - includes, but is not limited to, appropriate intermodal connections, integration with state modal plans, and coordination with neighboring Regional Transportation Plans. Traditionally Underserved - This refers to groups such as the elderly, persons with disabilities, low-income households, minorities, and student populations which may face difficulties accessing transportation systems, employment and other amenities. Transportation Commonality - the basis on which Transportation Planning Regions are established including, but not limited to: Transportation Commission Districts, the Department's Transportation Regions, travelsheds, watersheds, geographic unity, existing intergovernmental agreements, and socioeconomic unity.

Transportation Improvement Program (TIP) - a staged, financially constrained, multi-year, intermodal program of transportation projects developed and adopted by MPO’s and approved by the Governor which is consistent with the metropolitan transportation plan, and which is developed pursuant to Title 23 U.S.C. 134 (h).

Transportation Mode - a particular form of travel including, but not limited to, motor vehicle, rail, mass transit, aircraft, bicycle, or pedestrian travel.

Transportation Planning and Programming Process - all collaborative planning-related activities including the development of regional and statewide transportation plans, the Department's project priority programming process, and development of the Transportation Improvement Programs (TIPs) and Statewide Transportation Improvement Program (STIP). Transportation Planning Organization - federal reference to either Metropolitan Planning Organizations or Regional Planning Commissions.

Transportation Planning Region (TPR) - a geographically designated area of the state, as defined by section IV-A of the Rules, and meeting some, or all, of the criteria for transportation commonality, and within which a regional transportation plan may be developed pursuant to the provisions of § 43-1-1102 and 1103 C.R.S.

Transportation Systems Planning - a procedure for developing an integrated means of providing adequate facilities for the movement of people, goods, services, and information, involving regional or statewide analysis of transportation needs and the identification of transportation facilities and corridors.

Travelshed - the region or area generally served by a major transportation facility, system, or corridor.

Urbanized Area - an area with a population of 50,000 or more designated by the Bureau of the Census.

Watershed- one of the seven Water Divisions identified by the Division of Water Resources, Department of Natural Resources, State of Colorado, comprising the drainage basin of a major river, and considered in establishing TPR boundaries.

IV. Transportation Planning Regions (TPR)

A. Transportation Planning Region Boundaries Transportation Planning Regions are geographically designated areas of the state with similar transportation needs that are determined by considering transportation commonalities. Boundaries are hereby established as follows:

1. The Pikes Peak Area Transportation Planning Region comprised of the Pikes Peak Area Council of Governments' metropolitan area within El Paso and Teller Counties.

2. The Greater Denver Metropolitan Transportation Planning Region comprised of the counties of Adams, Arapahoe, Boulder, Broomfield, Clear Creek, Denver, Douglas, Gilpin, Jefferson, and parts of Weld, including the Denver Regional Council of Governments' metropolitan area.

3. The North Front Range Transportation Planning Region comprised of the North Front Range Transportation and Air Quality Planning Council's metropolitan area within Larimer and Weld Counties.

4. The Pueblo Area Transportation Planning Region comprised of Pueblo County, including the Pueblo Area Council of Governments' metropolitan area.

5. The Grand Valley Transportation Planning Region comprised of Mesa County, including the Grand Valley Metropolitan Planning Organization's metropolitan area.

6. The Eastern Transportation Planning Region comprised of Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips, Sedgwick, Washington, and Yuma Counties.

7. The Southeast Transportation Planning Region comprised of Baca, Bent, Crowley, Kiowa, Otero, and Prowers Counties.

8. The San Luis Valley Transportation Planning Region comprised of Alamosa, Chaffee, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties.

9. The Gunnison Valley Transportation Planning Region comprised of Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel Counties.

10. The Southwest Transportation Planning Region comprised of Archuleta, Dolores, La Plata, Montezuma, and San Juan Counties, including the Ute Mountain Ute and Southern Ute Indian Reservations.

11. The Intermountain Transportation Planning Region comprised of Eagle, Garfield, Lake, Pitkin, and Summit Counties.

12. The Northwest Transportation Planning Region comprised of Grand, Jackson, Moffat, Rio Blanco, and Routt Counties.

13. The Upper Front Range Transportation Planning Region comprised parts of Larimer, Morgan, and parts of Weld Counties, not in the North Front Range Transportation and Air Quality Planning Council's metropolitan area and the Greater Denver metropolitan area.

14. The Central Front Range Transportation Planning Region comprised of Custer, El Paso, Fremont, Park, and Teller Counties, excluding the Pikes Peak Area Council of Governments' metropolitan area.

15. The South Central Transportation Planning Region comprised of Huerfano, and Las Animas Counties.

B. Formation of Regional Planning Commissions (RPC)

Municipalities and counties within a non-metropolitan area TPR may elect to form an RPC for the purpose of transportation planning through an intergovernmental agreement, pursuant to § 43-1-1103 (1) C.R.S. The RPC shall notify the Division Director by letter of the formation of an RPC for the purpose of transportation planning within 30 days of the execution of the intergovernmental agreement or change in membership.

The notification shall include:

1. an executed copy of the intergovernmental agreement.

2. the name of the chairperson, and the mailing address, telephone number, fax number and electronic mail address (if available) of the RPC.

C. Boundary Revision Process TPR boundaries, excluding any MPO-related boundaries, will be reviewed by the Commission prior to each update cycle for regional and statewide transportation planning. The Department will notify counties, municipalities, MPOs, Indian tribal governments, and RPCs for the TPRs of the boundary review, and will allow sixty days for boundary revision requests. All boundary revision requests shall be sent to the Division Director, and shall include:

1. a geographical description of the proposed boundary change.

2. a statement of justification for the change considering transportation commonalities.

3. a copy of the resolution stating the concurrence of the affected Regional Planning Commission.

4. the name, title, mailing address, telephone number, fax number and electronic mail address(if available) of the contact person for the requesting party(ies). The Department will assess all boundary revision requests based on transportation commonalities and make a recommendation to the Commission concerning such request. The Commission may initiate a rule-making proceeding under the State Administrative Procedure Act, § 24-4-103 C.R.S. to consider such requests. Requests received for a TPR boundary revision outside of the regularly scheduled boundary review cycle must include the requirements identified above. In the event that the Commission approves a change to the boundary of a TPR that has a Regional Planning Commission, the RPC in each affected TPR shall notify the Department of any changes to the intergovernmental agreement governing the RPC as specified in section IV-B of the Rules.

D. Transportation Planning Coordination With MPOs The Department and the MPOs shall coordinate activities related to the development of Regional Transportation Plans, the Statewide Transportation Plan, TIPs and the STIP in conformance with Title 23 U.S.C. 134 and 135.

E. Transportation Planning Coordination Among TPR’s If transportation improvements cross TPR boundaries or significantly affect another TPR, the TPR shall consult with all the affected TPRs involved when developing the regional transportation plan. In general, TPR planning officials shall work with all planning partners affected by transportation activities when planning future transportation activities.

F. Transportation Planning Coordination with the Southern Ute and the Ute Mountain Ute Tribal Governments Regional transportation planning within the Southwest TPR shall be coordinated with the transportation planning activities of the Southern Ute and the Ute Mountain Ute Tribal governments. The long-range transportation plans for the tribal areas shall be integrated and consolidated into the Regional Transportation Plan for this TPR.

V. Statewide Transportation Advisory Committee (STAC)

A. Duties of the Statewide Transportation Advisory Committee (STAC) Pursuant to § 43-1-1104 (2) C.R.S. the duties of the STAC shall be to meet as necessary; provide advice to the Department on the needs of the transportation system; and review and comment on:

1. Regional Transportation Plans, amendments, and updates as described in section VI-C.

2. Transportation related communication and/or conflicts which arise between TPRs, or between the Department and a TPR.

3. The integration and consolidation of RTPs into the Statewide Transportation Plan.

4. Colorado's mobility requirements to move people, goods, services, and information by furnishing regional perspectives on transportation problems requiring interregional and/or statewide solutions.

5. Improvements to modal choice, linkages between modes, and transportation system balance and system continuity.

6. Proposed TPR boundary revisions.

B. Notification of Membership Each TPR shall select its representative to the STAC pursuant to § 43-1-1104 C.R.S. . The Ute Mountain Ute and the Southern Ute Tribal governments may each appoint a non-voting member to the STAC. The Division Director shall be notified in writing of the name, title, mailing address, telephone number, fax number and electronic mail address (if available) of the STAC representative from each TPR within thirty days of selection.

C. Administration of Statewide Transportation Advisory Committee STAC recommendations on Regional and Statewide Transportation Plans, amendments, and updates shall be documented in the STAC meeting minutes, and will be considered by the Department throughout the statewide transportation planning process.

The STAC shall establish procedures to govern its affairs in the performance of its advisory capacity, including, but not limited to, the appointment of a chairperson and the length of the chairperson's term, meeting times and locations.

The Division Director will provide support to the STAC, including, but not limited to:

1. Notification of STAC members of meeting dates and agendas.

2. Preparation and distribution of STAC meeting minutes.

3. Allocation of Department staff support for STAC-related activities.

VI. Development of Regional and Statewide Transportation Plans Transportation planning organizations, and the Department, shall comply with all applicable provisions of the certain sections of Title 23 CFR Part 450 that are incorporated by reference herein (see section II above) in their development of regional and statewide plans, respectively.

A. Public Participation Transportation Planning Organizations and the Department shall provide the opportunity for public participation in the transportation planning process. The process shall be proactive and provide complete information, timely public notice, full public access to key decisions, and opportunities for early and continuing involvement. The objectives of public participation in the transportation planning process include: providing a mechanism for public perspectives, needs, and ideas to be incorporated in the planning process; developing the public's understanding of the problems and opportunities facing the transportation system; demonstrating explicit consideration and response to public input; and developing consensus on plans.

1. Statewide Plans and Programs Pursuant to 23 C.F.R. 450.210 and 450.212 , the Department is responsible, in cooperation with the Transportation Planning Organizations, for carrying out public participation for developing, amending, and updating the statewide transportation plan, the Statewide Transportation Improvement Program (STIP), and other statewide transportation planning activities.

2. MPO Plans and Programs Pursuant to Title 23 CFR Part 450.316 (b) , the MPOs are responsible for carrying out public participation for the development of regional transportation plans, transportation improvement programs and other related regional transportation planning activities for their respective metropolitan areas. Public participation activities carried out in a metropolitan area in response to metropolitan planning requirements in title 23 CFR part 450.322 (c) or 450.324 (c) may by agreement of the Department and the MPO, satisfy the requirements of this subsection.

3. Non-MPO TPRs Regional Planning Commissions for Non-MPO TPRs are responsible for public participation related to regional planning activities in that TPR, in cooperation with the Department, as provided in Title 23 CFR Part 450.212 . Specific areas of cooperation shall be determined by agreement between the regional planning commission and the Department.

4. Public Participation Activities Public participation activities at both the regional and statewide level shall include, at a minimum:

a. Establishing and maintaining for the geographic area of responsibility a mailing list of all known parties interested in transportation planning including, but not limited to: elected officials; municipal and county planning staffs; affected public agencies; local, state, and federal agencies eligible for federal and state transportation funds; local representatives of public transportation agency employees and users; freight shippers and providers of freight transportation services; private transportation providers; representatives of alternative transportation mode users, such as pedestrian walkways and bicycle transportation facilities, the disabled community; private industry; environmental and other interest groups; Indian tribal governments and the U.S. Secretary of the Interior when tribal lands are involved; and representatives of persons or groups that may be underserved by existing transportation systems, such as minority, low-income and persons with disabilities and members of the general public expressing such interest in the transportation planning process.

b. Providing reasonable notice and opportunity to comment to those persons on the transportation mailing list of upcoming transportation planning-related activities and meetings.

c. Utilizing reasonably available media opportunities to provide timely notices of planning-related activities and meetings to members of the general public. Methods that will be used to the maximum extent practicable for public participation could include use of the World Wide Web; news media, such as newspapers, radio, or television; mailings and notices, including electronic mail.

d. Seeking out those persons or groups that may be underserved, including persons with disabilities by existing transportation systems, for the purposes of exchanging information, increasing their involvement, and considering their transportation needs in the transportation planning process.

e. Consulting, as appropriate, with State, Transportation Planning Organizations, local, and tribal agencies for land use management, natural resources, environmental protection, conservation and historic preservation concerning the development of long-range transportation plans.

f. Providing reasonable public access to, and appropriate opportunities for public review and comment on criteria, standards, and other planning-related information used in the development of transportation plans, at public facilities, such as Department headquarters and region offices, state depository libraries, county offices, TPR offices, the Colorado Division offices for the Federal Highway Administration and the Federal Transit Administration and the World Wide Web.

g. Scheduling the development of regional and statewide plans so that the release of the draft plans may be coordinated to provide for the opportunity for joint outreach at such time.

5. Documentation of Responses to Significant Issues.

The Transportation Planning Organizations and the Department shall respond in writing to all significant issues raised during the review and comment period on transportation plans, and make these responses available to the public. For example, the inclusion or exclusion of projects in an emissions analysis shall be considered a significant issue.

6. Review of the Public Involvement Process Periodically review the effectiveness of the public involvement process to ensure that the process provides full and open access to all members of the public and revise the process as necessary.

B. Transportation Systems Planning Transportation Planning Organizations, and the Department, shall use an intermodal transportation systems planning approach in developing and updating the long-range Regional Transportation Plans and the long-range Statewide Transportation Plan for a minimum 20-year forecasting period. Transportation Planning Organizations shall have flexibility in the methods selected for transportation systems planning based on the complexity of transportation problems and available resources within the TPR. The Department will provide assistance to Transportation Planning Organizations regarding the selection of appropriate methods.

1. Transportation system planning factors to be considered by Transportation Planning Organizations and the Department during their respective transportation systems planning shall be included, at a minimum, the factors described in § 43-1-1103 (5) C.R.S., and in Title 23 U.S.C. 134 (f) and 135 (c).

2. Transportation systems planning by Transportation Planning Organizations and the Department shall consider the results of any related studies that have been completed. Transportation Planning Organizations and the Department may also identify any corridor(s) or sub-area(s) where an environmental study or assessment may need to be performed in the future.

3. Transportation systems planning by Transportation Planning Organizations shall consider corridor vision needs and desired state of the transportation system including land use, major activity centers such as industrial, commercial and recreations areas, economic development, environmental protection and modal choices.

4. Transportation systems planning by Transportation Planning Organizations shall include operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.

5. Transportation systems planning by the Department should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system.

C. Regional Transportation Plans (RTP)

Metropolitan Planning Organizations develop regional long-range transportation plans in accordance with federal law and are consistent with the applicable metropolitan planning sections of the Regional and Statewide Plan Guidebook (hereafter “the Guidebook” ) developed by the Department in collaboration with it planning partners.

1. Content of Regional Transportation Plans Each non-metropolitan RTP shall include at a minimum, the following elements:

a. Transportation system facility and service requirements of the TPR over a minimum twenty- year planning period necessary to meet expected demand, and the anticipated capital and operating cost for these facilities and services (Vision plan).

b. The fiscally constrained intermodal transportation plan based on revenues reasonably expected to be available over the minimum twenty-year planning period.

c. Analysis of the planning factors referenced in section VI-B above, upon which the transportation facility and service requirements and the fiscally constrained plan are based.

d. Incorporate the direction provided by the Transportation Commission with regard to the state transportation system. This direction includes Commission policies and guidance documents e. Identification and discussion of the results of completed environmental studies, corridor studies, or corridor visions.

f. Include a discussion of potential environmental mitigation activities and potential areas to carry our these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

g. A funding plan identifying resources for implementing the fiscally constrained plan over the minimum forecasting period, based on regional priorities.

h. Documentation of the public notification and public participation process pursuant to section VI-A of the Rules.

i. A resolution of adoption by the transportation planning organization.

2. Products and reviews a. Draft Plan. Transportation Planning Organizations shall provide a draft of the RTP to the Department.

b. Draft Plan Review. Upon receipt of the draft RTPs, the Department will initiate its review and schedule the STAC review (pursuant to section V-A-3). The Department will provide its comments and STAC comments to the Transportation Planning Organization within a minimum of thirty days of receiving the draft RTP. Regional transportation plans in metropolitan areas completed pursuant to the schedule identified in Title 23 CFR 450.322

1. (a) shall be subject to the provisions of this section prior to being submitted to the Department for consideration as an amendment to the statewide transportation plan. (See section VIII.)

c. Final Plan. Transportation Planning Organizations shall provide the final RTP to the Department.

d. Final Plan Review. Upon receipt of the final RTP, the Department will initiate its review and schedule the STAC review, (pursuant to section V-a-3), of the final RTPs to determine if the plans incorporate the elements required by the Rules. If the Department determines that a final RTP is not complete, including if the final RTP does not incorporate the elements required by section VI-C of the Rules, then the Department will not integrate that RTP into the statewide plan until the Transportation Planning Organization has sufficiently revised that RTP, as determined by the Department with advice from the STAC. The Department will provide its comments and STAC comments to the Transportation Planning Organization within a minimum of thirty days of receiving the final RTP. Transportation Planning Organizations shall submit any RTP revisions based on comments from the Department and STAC review within thirty days of the Department's provision of such comments. Regional transportation plans in metropolitan areas completed pursuant to the schedule identified in Title 23 CFR 450.322 (a) shall be subject to the provisions of this section prior to being submitted to the Department for consideration as an amendment to the statewide transportation plan. (See section VIII.) D. Air Quality At-Risk Areas The Transportation Planning Region (TPR) shall include in the regional RTP, or RTP amendment, a section that:

1. Identifies any area within the TPR considered to be an air quality at-risk area.

2. Addresses, in either a qualitative or quantitative manner, whether transportation related emissions associated with the pollutant of concern in the TPR are expected to increase over the long-range planning period; and, 3. If transportation related emissions associated with the pollutant are expected to increase over the long-range planning period, identifies which measures are included in the RTP to decrease the likelihood of that area becoming a nonattainment area for the pollutant of concern.

E. Statewide Transportation Plan The Regional Transportation Plans submitted by the Transportation Planning Organizations shall, along with direction provided through Transportation Commission policies and guidance, form the basis for developing and amending the Statewide Transportation Plan. The Statewide Transportation Plan shall cover a minimum twenty year planning period.

1. The Statewide Transportation Plan Development shall:

a. Integrate and consolidate the RTP and the Department's systems planning, pursuant to section VI-B of the Rules, into a fiscally constrained long-range twenty-year multimodal transportation plan for Colorado.

b. Include the long-term transportation concerns of the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe in the development of the Statewide Transportation Plan.

c. Coordinate with other state and federal agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.

d. Include a discussion of potential environmental mitigation activities and potential areas to carry out these activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan developed in consultation with Federal, State, and Tribal wildlife, land management and regulatory agencies.

e. Include a comparison of transportation plans to state and tribal conservation plans or maps and to inventories of natural or historical resources.

f. Provide for overall transportation system management on a statewide basis.

g. The statewide plan shall be coordinated with metropolitan transportation plans pursuant to Title 23 CFR Part 450.214 (c) (1) and Title 43-1-1105 C.R.S.

2. Content of the Statewide Transportation Plan At a minimum, the Statewide Transportation Plan shall include priorities as identified in the RTP’s, as identified in section VI-C of the Rules and pursuant to federal planning laws and regulations as amended. The statewide plan shall be submitted to the Colorado Transportation Commission for its consideration and approval.

3. Schedule for Statewide Transportation Plan Development a. The Department will submit a draft Statewide Transportation Plan to the Commission, the STAC, and all interested parties for review and comment The review and comment period will be conducted for a minimum of 30 days. The publication will be available at public facilities, such as at the Department headquarters and region offices, state depository libraries, county offices, TPR offices of the Colorado Division for the Federal Highway Administration and Federal Transit Administration, and the internet.

b. The Department will submit the final Statewide Transportation Plan to the Colorado Transportation Commission for adoption.

VII. Updates to Regional and Statewide Transportation Plans A. Plan Update Process The updates of Regional Transportation Plans and the Statewide Transportation Plan shall be completed on a periodic basis through the same process governing development of these plans pursuant to Section VI of the Rules. The update cycle comply with federal law and be determined in consultation between the Transportation Commission, the Department, the STAC and the MPOs so that the respective updates cycles will coincide.

B. Notice by Department of Plan Update Cycle The Department will notify Transportation Planning Organizations of the initiation of each plan update cycle, and the schedule for completion. In TPRs without a Regional Planning Commission, the Department will notify municipalities and counties of the initiation of each plan update cycle the schedule for completion, and the opportunity to establish an RPC for the purpose of transportation planning.

C. Department Responsibility for Planning in TPRs That Do Not Have a Regional Planning Commission If the Department has not received notice of intent to form a RPC and/or to update the RTP, then the Department will be responsible for statewide transportation plan update activities within the TPR, for consideration in the statewide plan, pursuant to § 43-1-1103 (3) (b) C.R.S. VIII. Amendments to the Regional and Statewide Transportation Plans A. Basis for Transportation Plan Amendments Between regularly-scheduled updates of Regional Transportation Plans and the Statewide Transportation Plan, circumstances may alter the results of section VI-B, Transportation Systems Planning upon which these plans are based. Such change in circumstances may require an addition, deletion, or other change to a Regional Transportation Plans or the Statewide Transportation Plan. Updates or amendments to Regional Transportation Plans in metropolitan areas completed pursuant to the schedule identified in Title 23 CFR 450.322 (a) shall be submitted to the Department for consideration as an amendment to the Statewide Transportation Plan. Such additions, deletions, or changes may require an amendment to the Statewide Transportation plan. Amendments to the Regional Transportation Plans and/or the Statewide Transportation plan may be necessary to ensure fiscal constraint or to maintain alignment between Corridor Visions and the implementing strategies. The Regional Transportation Plans and the Statewide Transportation Plan shall be reviewed annually to determine if there is:

1. A need to change a Corridor Vision or strategy, 2. A need to change to a corridor funding allocation to ensure fiscal constraint of the Regional and Statewide Transportation Plans.

3. New funding is received and must be amended into the Regional and/or Statewide Transportation Plans or anticipated funding falls short of projects and must be amended out of the Regional and/or Statewide Transportation Plans.

All Amendments to the Statewide Transportation Plan must be approved by the Transportation Commission. Those amendments approved by the approved by the Transportation Commission, shall be deemed to be incorporated into that plan.

B. Amendment Process 1. The process to consider amendments to Regional Transportation Plans, and to the statewide Transportation Plan, shall be carried out by Transportation Planning Organizations, and by the Department, respectively, annually, if necessary. That process shall include an evaluation, review, and approval, by the respective Regional Planning Commission and the Department provided that nothing in the Rules shall supersede or constrain the MPO planning process required by Title 23 U.S.C. 134.