(a) Purpose. Except as for a transportation project described in Transportation Code, §370.033(f)(1) or (2), the department must approve an RMA's acquisition, planning, design, construction, maintenance, repair, or operation of a transportation project on behalf of another governmental entity. Feasibility analysis, including preliminary design, is not subject to the approval requirements of this section. This section prescribes the procedures by which the commission will consider approval.
(b) Request. An RMA seeking commission approval under this section must submit a request to the executive director. The request must include:
  (1) an overview of the transportation project for which the request is being made, including a description of the project, the total estimated cost of the project, and a description of the work to be performed by the RMA and by the governmental entity;
  (2) a description of the need for the project and the benefits anticipated to result from completion of the project, including any anticipated:
    (A) impacts on the economic development potential in the area;
    (B) reductions in congestion;
    (C) improvements in efficiency on the region's transportation system;
    (D) enhancements to safety; and
    (E) improvements to air quality in the region;
  (3) a proposed project funding plan that includes amounts proposed for each of the project cost categories, including design, development, financing, construction, maintenance, and operation;
  (4) department contributions and participation anticipated to be requested for the project;
  (5) official written approval of the project by the board of the RMA and the governing body of the governmental entity with jurisdiction over the project;
  (6) a description of and any documentation evidencing local public support for the project and any local public opposition;
  (7) a preliminary project development and implementation schedule, including an estimated date when the project will be completed;
  (8) a description of the RMA's experience in developing transportation projects comparable to the project for which the request is being made;
  (9) if applicable, given the nature of the project, information explaining how the project will be consistent with the Statewide Transportation Plan and, if appropriate, with the metropolitan transportation plan developed by the metropolitan planning organization with jurisdiction over the project;
  (10) a preliminary identification of any known environmental, social, economic, or cultural resource issues, such as hazardous material sites, impacts on wetlands and other water resources, endangered species, parks, neighborhoods, businesses, historic buildings or bridges, and archeological sites;
  (11) a binding commitment that the environmental consequences of the proposed project will be fully considered in accordance with, and that the proposed project will comply with, all applicable local, state, and federal environmental laws, regulations, and requirements; and
  (12) a binding commitment to implement all EPIC.
(c) Commission approval.
  (1) Compliance with applicable requirements. The commission may approve a request submitted under this section if the RMA commits to the department and in the agreement with the governmental entity that the RMA will comply with all applicable federal, state, and, if applicable, department requirements.
  (2) Considerations. In determining whether to approve a request submitted under this section, the commission will consider:
    (A) the ability of the RMA to award, manage, and complete the work to be performed by the RMA for the project;
    (B) the need for the project and whether the project is ready for development;
    (C) the anticipated benefit of the project to the governmental entity and the region; and
    (D) evidence of local support in the area in which the project is located.
  (3) Findings. The commission may approve a request submitted under this section if it finds that:
    (A) if applicable, given the nature of the project, the project is consistent with the appropriate policies, strategies, and actions of the statewide transportation plan and, if appropriate, with the regional transportation plan developed by the metropolitan planning organization with jurisdiction over the project;
    (B) the RMA's participation in the project will facilitate the ability of the governmental entity to construct the project and achieve the benefits anticipated to be derived from the project;
    (C) the project will neither duplicate nor conflict with the operations of the department;
    (D) the project is supported by the RMA, the governmental entity and metropolitan planning organization with jurisdiction over the project, and each other governmental entity affected by the project; and
    (E) the project is in the best interest of the region.

Source Note: The provisions of this §26.36 adopted to be effective November 19, 2014, 39 TexReg 9075