SECTION 16.52. Unified Planning Work Program (UPWP)

(a) Planning activities. Under 23 C.F.R. Part 450, an MPO is required to document planning activities in a unified planning work program (UPWP) to indicate who will perform the work, the schedule for completing it, and all products that will be produced. The department is responsible for assisting in the development of the UPWP, approving the format of work programs submitted by metropolitan planning organizations (MPOs), and, where required by federal law or regulation, monitoring an MPO's performance of activities and expenditure of funds under a UPWP. Where monitoring is not required, the department is responsible for reviewing an MPO's activities and expenditure of funds, and will comment on and make suggestions relating to those activities and expenditures.

(1) Requirements. An MPO, in cooperation with the department and public transportation operators as defined by 23 C.F.R. Part 450, must annually or biennially develop a UPWP that meets federal requirements.

(2) UPWP development. The department will develop a time line for development of the UPWP by the MPOs. Failure to adhere to the time line may result in a delay in the authorization to the MPOs to proceed in incurring costs.

(3) UPWP format. The department, in consultation with the MPOs, shall develop a standard UPWP format to be used by all MPOs. UPWPs submitted in a different format will not be approved.

(4) UPWP approval and revisions. The MPO policy board must approve the UPWP and any subsequent revisions, and shall not delegate the approval authority.

(5) Annual performance and expenditure report. To allow the department to monitor work programs, the MPOs shall prepare and submit to the department an annual performance and expenditure report of progress no later than December 15 of each year. A uniform format for the annual report will be established by the department, in consultation with the MPOs.

(b) Funding. Federal transportation planning funds are available to MPOs to develop the metropolitan transportation plans and transportation improvement programs required by this subchapter. Under 23 C.F.R. Part 420, the use of federal planning funds must be documented by the MPO in a work program acceptable to the FHWA setting out proposed work undertaken with federal planning funds and the estimated cost of this work. A work program acceptable to the FTA and other applicable federal agencies is required for planning activities involving public transportation plans and programs.

(1) Requirements. The UPWP shall reflect transportation planning work tasks to be funded by federal, state, or local transportation, or transportation related (e.g. air quality) planning funds.

(2) Planning work eligibility. The use of federal metropolitan transportation planning funds shall be limited to transportation planning activities affecting the transportation system within the boundaries of a designated metropolitan planning area. If an MPO determines that data collection and analysis activities relating to land use, demographics, or traffic or travel information, conducted outside its boundaries, affects the transportation system within its boundaries, then those activities may be undertaken using federal planning funds, if the activities are specifically identified in an approved UPWP. Any other costs incurred for transportation planning activities outside the boundaries of a designated metropolitan planning area are not eligible for reimbursement.

(3) Authorization for travel outside the state. The department will approve proposed travel outside the State of Texas by MPO staff and other agencies participating in the MPO planning process if the travel is funded with federal transportation planning funds. The MPO must receive approval prior to incurring any costs associated with the actual travel (e.g., registration fee). This provision will not apply if the travel is at the request of the department. Travel to the State of Arkansas by the Texarkana MPO staff and travel to the State of New Mexico by the El Paso MPO staff shall be considered in-state travel.

(4) Reimbursement of travel costs of elected officials. The cost of travel incurred by elected officials serving on an MPO policy board is eligible for reimbursement with federal transportation planning funds if the costs are:

(A) specifically related to a federal award, including a grant, cost reimbursement contract, or other agreement between a state, local, or Indian tribal government and the federal government;

(B) necessary and reasonable for the proper and efficient performance and administration of the federal award;

(C) not prohibited under:

(i) federal lobbying restrictions; or

(ii) state or local laws or regulations; and

(D) approved by the awarding federal agency prior to incurring any costs associated with the actual travel.

(5) Funding limitations. The use of federal transportation planning funds is limited to corridor/subarea level planning or multimodal or systemwide transit planning studies, unless otherwise authorized by federal law or regulation.

(6) Department approval of costs. The MPO shall not incur any costs for work outlined in the UPWP or any subsequent amendments (i.e., adding new work tasks or changing the scope of existing work tasks) prior to receiving approval from the department. Any costs incurred prior to receiving department approval are not eligible for reimbursement from federal transportation planning funds.

(7) Expenditure limitations. Costs incurred by the MPO shall not exceed the total budgeted amount of the UPWP without prior approval of the MPO policy board and the department. Costs incurred on individual work tasks shall not exceed that task budget by 25 percent without prior approval of the MPO policy board and the department. If the costs exceed 25 percent of the task budget, the UPWP shall be revised, approved by the MPO policy board, and submitted to the department for approval.

(8) Distribution of funds. The department will make available to MPOs all federal metropolitan planning funds and provide the required non-federal match as authorized by the commission. The department will distribute federal transportation planning funds to the MPOs based on a formula developed by the department, in consultation with the MPOs, and approved by FHWA, FTA, and other applicable federal agencies.

Source Note: The provisions of this §16.52 adopted to be effective January 1, 2011, 35 TexReg 8388; amended to be effective November 15, 2012, 37 TexReg 8981