1. (a) General. The department will develop a unified transportation program (UTP) that covers a period of ten years to guide the development and authorize construction of transportation projects and projects involving aviation, public transportation, and the state's waterways and coastal waters. In developing the UTP, the department will cooperate with metropolitan planning organizations (MPO), rural planning organizations (RPO), and public transportation operators as defined by 23 C.F.R. Part 450.

2. (b) Requirements. The program will:

   1. (1) be financially constrained and estimate funding levels and the allocation of funds to each district and metropolitan planning organization (MPO) for each year in accordance with Subchapter D of this chapter (relating to Transportation Funding);

   2. (2) list all projects and programs that the department intends to develop, or on which the department intends to initiate construction, during the program period, after consideration of the:

      1. (A) statewide long-range transportation plan (SLRTP);
      2. (B) metropolitan transportation plans (MTP);
      3. (C) transportation improvement programs (TIP);
      4. (D) MPO annual reevaluations of project selection in MTPs and TIPs in accordance with subsection (c) of this section;
      5. (E) statewide transportation improvement programs (STIP); and
      6. (F) recommendations of rural planning organizations (RPO) as provided in this subchapter; and
   3. (3) be organized by funding category, district, mode of transportation, and the year a project is scheduled for development or construction.
3. (c) MPO annual reevaluation of project selection. An MPO shall annually reevaluate the status of project priorities and selection in its approved metropolitan transportation plan (MTP) and transportation improvement program (TIP) and provide a report of any changes to the department at the times and in the manner and format established by the department. The reevaluation must be consistent with criteria applicable to development of the MTP and TIP in accordance with federal requirements.

4. (d) Project selection.

   1. (1) The commission will consider the following criteria for project selection in the UTP as applicable to the program funding categories described in §16.153 of this chapter (relating to Funding Categories):

      1. (A) the potential of the project to:

         1. (i) increase the safety of the transportation system for all transportation users;
         2. (ii) maintain and preserve the existing transportation system;
         3. (iii) provide congestion relief;
         4. (iv) increase the accessibility and mobility of the transportation system for all transportation users;
         5. (v) support the economic vitality of the area, especially by enabling global competitiveness, productivity, and efficiency; and
         6. (vi) promote efficient system management and operation; and
      2. (B) adherence to all accepted department design standards as well as applicable state and federal law and regulations.

   2. (2) The commission will determine and approve the final selection of projects and programs to be included in the UTP, except for the selection of federally funded projects by an MPO serving in an area designated as a transportation management area (TMA) as provided in §16.101(n) of this subchapter (relating to Transportation Improvement Program (TIP)). A federally funded project selected by an MPO designated as a TMA will be approved by the commission, subject to:

      1. (A) satisfaction of the project selection criteria in paragraph (1) of this subsection;
      2. (B) compliance with federal law; and
      3. (C) the district's and MPO's allocation of funds for the applicable years.

5. (e) Approval of unified transportation program (UTP). Not later than March 31 of each even-numbered year, the commission will adopt the unified transportation program. The UTP may be updated more frequently if necessary. The commission will hold a hearing prior to:

   1. (1) final adoption of the UTP and any updates; and
   2. (2) approval of any adjustments to the program resulting from changes to the allocation of funds under §16.160 of this chapter (relating to Funding Allocation Adjustments).

6. (f) Program revisions.

   1. (1) A project may be added to the UTP, or a project within the UTP may be moved forward or delayed if the status of a listed project or projects change, and if the moved or added project can be developed and constructed within the district's or MPO's allocated funds for the applicable year.
   2. (2) The department, an MPO, an RPO, or a public transportation operator as defined by 23 C.F.R. Part 450 may request a revision of the UTP. A revision request by a public transportation operator must be applicable to projects in the public transportation portion of the UTP and, if the public transportation operator is located within the boundaries of an MPO or RPO, it must obtain consent of the applicable MPO or RPO prior to making the request. If a revision is requested, the department will, in coordination with the other affected parties, determine whether a revision is appropriate and may, consistent with the authority to select projects under subsection (d) of this section, develop a revised list of projects for the applicable period. A revision under this subsection is not an update or adjustment to which subsection (e) of this section applies.

7. (g) Public involvement during development of the unified transportation program.

   1. (1) The department will provide adequate opportunity for public involvement in development of the UTP.
   2. (2) The department will divide the state into regions and hold at least one public meeting in each region during development of the UTP and each update of the program as early as the department determines is feasible to assure public input into the process. The department will publish notice of each public meeting as appropriate to maximize attendance at the meeting.
   3. (3) The department will report its progress on the program and provide a free exchange of ideas, views, and concerns relating to project selection, funding categories, level of funding in each category, each region's allocation of funds for each year of the program, and the relative importance of the various selection criteria. A representative from each district located wholly or partially within a region will attend each public meeting of that region and be available for the discussion.

8. (h) Public involvement prior to final adoption. The department, prior to adoption of the unified transportation program and approval of any updates to the program, will hold at least one statewide hearing on its project selection process including the UTP's funding categories, the level of funding in each category, each region's allocation of funds for each year of the program, and the relative importance of the various selection criteria.

   1. (1) The department will publish a notice of the applicable hearing in the Texas Register a minimum of 15 days prior to it being held and will inform the public where to send any written comments.
   2. (2) The department will accept written public comments for a period of at least 30 days after the date the notice appears in the Texas Register.
   3. (3) A copy of the proposed project selection process, the UTP, and any adjustments to the plan, as applicable, will be available for review at the time the notice of hearing is published at each of the district offices and at the department's Finance Division offices in Austin. A copy will also be available on the department website.
9. (i) Publication. The department will publish the entire approved unified transportation program, updates, and adjustments together with any summary documents highlighting project benchmarks, priorities, and forecasts on the department's website. The documents will also be available for review at each of the district offices and at the department's Finance Division offices in Austin.

Source Note:The provisions of this §16.105 adopted to be effective January 1, 2011, 35 TexReg 8388.