SECTION 11.403. Project Selection by MPOs

(a) This section applies only to an MPO serving an urbanized area with a population over 200,000 and the award of TA Set-Aside funds suballocated for such an urbanized area.

(b) The MPO, in consultation with the department, shall develop a competitive process to allow project sponsors to submit project applications for funding that achieve the objectives of the TA Set-Aside Program.

(c) The MPO shall coordinate determinations regarding project eligibility, subject to audit by the FHWA.

(d) The MPO, in consultation with the department, shall conduct project selection in accordance with all applicable federal and state laws and regulations.

(e) The MPO, in consultation with the department, shall include the department's direct state costs for oversight of preliminary engineering and construction in TA Set-Aside project awards.

(f) Following the conclusion of the competitive process, the MPO shall provide to the department a list of all projects submitted during the program call on which the selected projects are identified, and immediately shall begin the process required to include the selected projects in its TIP.

(g) The project sponsor shall conduct project implementation in accordance with all applicable federal and state laws and regulations.

(h) If a project is located on state right-of-way, the project sponsor is responsible for securing a land-use permit from the department prior to construction.

(i) A project sponsor requesting an adjustment to the minimum local funding match requirements based on the county's status as an economically disadvantaged county is required to obtain written authorization from the department, in the form prescribed by the department, and must include the form with the application submitted to the MPO. If an adjustment is granted, the adjustment percentage in effect for the county at the time the application is submitted to the MPO will be used. The county must remain eligible for the adjustment until the date the project sponsor enters into the local agreement.

(j) Projects, or substantially similar projects, submitted during a program call administered by the MPO are not eligible for consideration under a concurrent program call administered by the department.

(k) Not later than November 15 of each year, the MPO shall submit to the department a report that describes:

(1) the number of project applications received by the MPO for the preceding federal fiscal year (the period of October 1 through September 30), including the aggregate cost of the projects for which applications are received and the types of projects to be carried out, expressed as percentages of the MPO's total apportionment for TA Set-Asides; and

(2) the number of projects selected for funding by the MPO for the preceding federal fiscal year, including the aggregate cost and location of projects selected.

Source Note: The provisions of this §11.403 adopted to be effective January 4, 2017, 41 TexReg 10664; amended to be effective December 30, 2020, 45 TexReg 9576