(a) Purpose. Title 23 U.S.C. §135, as implemented by 23 C.F.R. Part 450, requires each state to carry out a continuing, comprehensive, and intermodal statewide transportation planning process that facilitates the efficient, economic movement of people and freight in all areas of the state, including those areas subject to federal metropolitan planning requirements.
(b) Statewide transportation improvement program (STIP) development. The department, in cooperation with the MPOs designated for metropolitan areas and RPOs designated for areas that are not within the boundaries of an MPO, will develop a STIP covering a period of four years for all areas of the state in accordance with federal requirements. The STIP includes all of the transportation improvement programs (TIP) and rural transportation improvement programs (RTIP) approved in accordance with requirements established in §16.101 and §16.102 of this subchapter (relating to Transportation Improvement Program (TIP) and Rural Transportation Improvement Program (RTIP), respectively). The STIP shall include, to the maximum extent practicable, a description of the anticipated effect of the STIP toward achieving the federal performance targets and a demonstration of the link between the investment priorities to those performance targets.
  (1) Projects included.
    (A) A highway or transit project funded under Title 23 U.S. Code or the Federal Transit Act (49 U.S.C. §5307 et seq.) will be included in a federally approved STIP. A project in the STIP will be consistent with the statewide long-range transportation plan, metropolitan transportation plan, and transportation improvement program, and the STIP will reflect expected funding and priorities for programming.
    (B) Projects that are not considered by the department and MPO to be of appropriate scale for individual identification in a given program year (e.g., minor rehabilitation, preventive maintenance, non-urbanized transit projects) may be grouped by function, geographic area, or work type.
    (C) In a nonattainment area, only those projects determined to conform to the requirements of the Clean Air Act and which comply with the state implementation plan may be included in the STIP.
    (D) Regionally significant projects to be funded with non-federal funds will be included in the STIP for planning, coordination, and public disclosure purposes.
    (E) Projects may be excluded from the STIP by agreement between the department and the MPO in accordance with requirements established in §16.101(d) of this subchapter.
  (2) Statewide transportation improvement program (STIP) funding. The federal funding level for each year of the STIP is the annual authorization as outlined in 23 U.S.C. §101 et seq. and funds appropriated under 49 U.S.C. §5307 et seq., in addition to the appropriate state and local match.
(c) Statewide transportation improvement program (STIP) financial plan. The STIP will reflect the priorities for programming and expenditure of funds and will:
  (1) include a financial plan that demonstrates how the transportation improvements can be funded and reasonably implemented;
  (2) be consistent with funding reasonably expected to be available during the relevant period as provided under the unified transportation program in §16.105 of this subchapter (relating to Unified Transportation Program (UTP)); and
  (3) be financially constrained by year.
(d) Statewide transportation improvement program (STIP) public involvement process. The governor is responsible for providing for public involvement in the STIP development process. If the governor delegates this responsibility to the commission, the commission, or if further delegated, the executive director, will provide for public involvement in accordance with this subsection.
  (1) Initial adoption of the STIP. The department will hold at least one statewide public hearing regarding the adoption of the proposed STIP.
    (A) The department will publish a notice of the 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.
    (B) The department will accept written public comments, including comments submitted in electronic format, for a period of at least 30 days after the date the notice appears in the Texas Register.
    (C) A copy of the proposed STIP will be available for review, at the time the notice of hearing is published, at each of the district offices, at the department's Transportation Planning and Programming Division offices in Austin, and on the department website.
    (D) A STIP must be approved in accordance with subsection (e) of this section.
    (E) The approved STIP will be made available at each of the district offices, at the department's Transportation Planning and Programming Division offices in Austin, and on the department website.
  (2) STIP amendments.
    (A) General. The governor will approve amendments to the STIP. If the governor delegates this authority to the commission, the commission, or if further delegated, the executive director, will approve amendments according to a published schedule developed in accordance with subsection (f) of this section, which the department will make available at the district offices, to the MPOs, and on the department website on an annual basis.
    (B) Amendments to the STIP. The STIP may be amended consistent with the requirements established in §16.101(k) of this subchapter. The public involvement process for amendments to the STIP will be the same as for initial adoption of the STIP.
(e) Statewide transportation improvement program (STIP) approval.
  (1) The governor will approve the STIP. The governor, or if the governor delegates this authority to the commission, the commission, or if further delegated, the executive director, must approve the STIP if it finds the STIP has met all the requirements of this section and that it satisfies the project selection criteria developed for the department's unified transportation program, as set forth in §16.105(d) of this subchapter.
  (2) The governor, or if the governor delegates this authority to the commission, the commission, or if further delegated, the executive director, may approve a partial STIP if difficulties are encountered in cooperatively developing the TIP portion for a particular metropolitan or rural area.
(f) Statewide transportation improvement program (STIP) revisions.
  (1) Schedule of revisions. The department and the MPOs are required to adhere to a quarterly STIP revision cycle, except as provided in paragraph (2) of this subsection. Project information and MPO approval documentation for the quarterly revisions must be received by the department's Transportation Planning and Programming Division by the close of business on the submittal date established by the department.
  (2) Exceptions.
    (A) Request. An MPO or the department may submit a written request for an exception to the quarterly revision schedule. The request must include reasons justifying the need for the exception.
    (B) Approval of request. The executive director may approve an exception to this requirement if:
      (i) additional funding becomes available; or
      (ii) the revision involves a project which is expected to have a significant effect on capacity, connectivity, or public safety and security on transportation systems.
(g) Project selection procedures. Under 23 C.F.R. §450.220, project selection from an approved STIP depends on whether a project selected for implementation is located in or outside of a metropolitan planning area and on the type of federal funding involved. The purpose of this subsection is to prescribe project selection procedures and specify which entity may select a project for implementation.
  (1) General. Project selection procedures must be developed for each metropolitan area and for state projects that lie outside of metropolitan planning areas. The department will develop and reevaluate annual project selection procedures for state projects that lie outside of metropolitan planning areas.
    (A) Project agreement. The first year of both the TIP and the STIP constitute an agreed to list of projects for project selection purposes. Project selection may be revised if the apportioned funds, including the highway obligation ceiling and public transportation appropriations, are significantly more or less than the authorized funds. In such cases, if requested by the MPO, the department, or the public transportation operator, a revised agreed-to list of projects for project selection purposes may be developed.
Cont'd...