1. (a) Formula allocations. The commission will, subject to the mandates of state and federal law, allocate funds from program funding Categories 1, 2, 4, 5, 7, 9, and 11, as described in §16.153 of this subchapter (relating to Funding Categories), to the districts and metropolitan planning organizations (MPO) as follows:

   1. (1) Category 1 Preventive Maintenance and Rehabilitation - will be allocated to all districts according to the following formulas:

      1. (A) Preventive maintenance.

         1. (i) Ninety-eight percent for roadway maintenance with 65 percent based on on-system lane miles, and 33 percent based on the pavement distress score Pace factor; and
         2. (ii) Two percent for bridge maintenance based on square footage of on-system span bridge deck area;
      2. (B) Rehabilitation. Thirty-two and one half percent based on three-year average lane miles of pavement distress scores less than 70, 20 percent based on on-system vehicle miles traveled per lane mile, 32.5 percent based on equivalent single axle load miles for on-system, off-system, and interstate, and 15 percent based on the pavement distress score Pace factor;

   2. (2) Category 2 Metropolitan and Urban Corridor Projects - will be allocated to MPOs in the following manner:

      1. (A) 87 percent to MPOs operating in areas that are transportation management areas, according to the following formula: 30 percent based on total vehicle miles traveled on and off the state highway system, 17 percent based on estimated population within the boundaries of the metropolitan planning area using data derived from the most recent census provided by the U.S. Bureau of the Census (census population), 10 percent based on lane miles on-system, 14 percent based on truck vehicle miles traveled on-system, 7 percent based on percentage of census population below the federal poverty level, 15 percent based on congestion, and 7 percent based on fatal and incapacitating vehicle crashes;
      2. (B) 13 percent to MPOs operating in areas that are not transportation management areas, according to the following formula: 20 percent based on total vehicle miles traveled on and off the state highway system, 25 percent based on estimated population within the boundaries of the metropolitan planning area using data derived from the most recent census provided by the U.S. Bureau of the Census (census population), 8 percent based on lane miles on-system, 15 percent based on truck vehicle miles traveled on-system, 4 percent based on percentage of census population below the federal poverty level, 8 percent based on centerline miles on-system, 10 percent based on congestion, and 10 percent based on fatal and incapacitating vehicle crashes;

   3. (3) Category 4 Statewide Connectivity Corridor Projects - will be allocated to districts for specific projects selected by the commission based on engineering analysis of projects on three corridor types:

      1. (A) Mobility corridors - congestion considerations in areas that are not in the boundaries of an MPO;
      2. (B) Connectivity corridors - two-lane roadways requiring upgrade to four-lane divided roadways to connect the urban areas of the state; and
      3. (C) Strategic corridors - strategic corridor additions to the state highway network;
   4. (4) Category 5 Congestion Mitigation and Air Quality Improvement - will be allocated to districts and MPOs for projects in a nonattainment area population weighted by ozone and carbon monoxide pollutant severity;
   5. (5) Category 7 Metropolitan Mobility and Rehabilitation (TMA) - will be allocated to MPOs operating in areas that are transportation management areas based on the applicable federal formula;
   6. (6) Category 9 Transportation Enhancement - One-half of the funds in this category will be allocated to MPOs operating in transportation management areas based on estimated population within the boundaries of the metropolitan planning area using data derived from the most recent census provided by the U.S. Bureau of the Census; and
   7. (7) Category 11 District Discretionary - will be allocated to all districts based on state legislative mandates, but if there is no mandate or the amount of available funding in this category exceeds the minimum required by a mandate, the funding allocation for this category or the excess funding, as applicable, will be allocated according to the following formula: 70 percent based on annual on-system vehicle miles traveled, 20 percent based on annual on-system lane miles, and 10 percent based on annual on-system truck vehicle miles traveled.

2. (b) Pace factor calculation. For purposes of subsection (a)(1) of this section, the Pace factor is a calculation used to adjust funding among districts according to increases or decreases in a district's need to improve its pavement distress scores. It will slow the rate of improvement for districts with the highest condition scores and accelerate the rate of improvement for districts with the lowest condition scores. The Pace factor is calculated by:

   1. (1) determining the district with the highest distress score;
   2. (2) determining the deviation of a district's distress score from the highest score;
   3. (3) totaling the deviations for all districts as determined by subsection (b)(2) of this section.

3. (c) Non-formula allocations. The commission, subject to the mandates of state and federal law and specific requirements contained in other chapters of this title for programs and projects described in subsection (a) of this section, will determine the amount of funding to be allocated to a district, metropolitan planning organization, political subdivision, governmental agency, local governmental body, or recipient of a governmental transportation grant, from each of the following program funding categories described in §16.153 of this subchapter:

   1. (1) Category 3 Non-Traditionally Funded Transportation Projects;
   2. (2) Category 6 Structures Replacement and Rehabilitation;
   3. (3) Category 8 Safety;
   4. (4) Category 9 Transportation Enhancement - one-half of the funds in this category will be allocated under this subsection;
   5. (5) Category 10 Supplemental Transportation Projects;
   6. (6) Category 12 Strategic Priority;
   7. (7) Aviation Capital Improvement Program;
   8. (8) Public Transportation;
   9. (9) Rail; and
   10. (10) State waterways and coastal waters.
4. (d) Formula revisions. The commission will review and, if determined appropriate, revise both the formulas and criteria for allocation of funds under subsections (a) - (c) of this section at least as frequently as every four years.

Source Note:The provisions of this §16.154 adopted to be effective January 1, 2011, 35 TexReg 8388.