(a) Criteria. For the purposes of this chapter, a major transportation project is the planning, engineering, right of way acquisition, expansion, improvement, addition, or contract maintenance, other than the routine or contracted routine maintenance, of a bridge, highway, toll road, or toll road system on the state highway system that fulfills or satisfies a particular need, concern, or strategy of the department in meeting the transportation goals established under §16.105 of this subchapter (relating to Unified Transportation Program (UTP)). A project may be designated by the department as a major transportation project if it meets the criteria specified in 23 U.S.C. 106(h).
(b) List of projects. The list of major transportation projects, if any new major transportation projects are designated by the department, will be annually updated and incorporated into the unified transportation program in accordance with §16.105 of this subchapter.
(c) Benchmarks. The progress of a major transportation project will be tracked and evaluated in accordance with §16.202 of this chapter (relating to Reporting System for Delivery of Individual Projects) based on benchmarks for planning, implementation, and construction of the project and timelines developed for that project. The benchmarks will include the:
  (1) environmental clearance issued by the applicable federal or state authority;
  (2) acquisition or possession of right of way parcels sufficient to proceed to construction in accordance with planned construction phasing;
  (3) adjustment of utility facilities or coordination of adjustment sufficient to proceed to construction in accordance with planned construction phasing;
  (4) 100 percent completion of plans, specifications, and estimates or to the level of completion sufficient to proceed with the award of a design-build contract in accordance with §9.153 of this title (relating to Solicitation of Proposals);
  (5) award of construction contract by the commission; and
  (6) completion of construction.
(d) Critical benchmarks.
  (1) The first year of the unified transportation program is designated as the implementation phase of the UTP and a major transportation project may be listed in this phase only if the project:
    (A) is listed in the statewide long-range transportation plan and the applicable metropolitan transportation plan; and
    (B) has environmental clearance issued by the applicable federal or state authority.
  (2) The executive director may approve an exception to the requirements contained in paragraph (1) of this subsection if:
    (A) the project satisfies a time sensitive critical need of the department related to safety, system connectivity, a hurricane evacuation route, reconstruction of a large infrastructure facility, or other similar need; and
    (B) there is a reasonable likelihood that environmental clearance for the project will be issued and the other required development benchmarks will be timely accomplished to permit an award of a construction contract within the one year implementation phase of the UTP.

Source Note: The provisions of this §16.106 adopted to be effective November 15, 2012, 37 TexReg 8981; amended to be effective February 16, 2022, 47 TexReg 660