1. HANDOUT 2017 FSTIP Development Workshop Federal Statewide Transportation Improvement Program Requirements Wade Hobbs Federal Highway Administration California Division Office

2. Key Federal Transportation Planning Statutes and Rules: Aug. 10, 2005………….SAFETEA-LU Feb. 14, 2007………….Final Rule (72 FR 7261): Metropolitan and Statewide Transportation Planning Apr. 1, 2007…………….Final Rule 72 FR 7261 Codified in title 23 Part 450 and title 49 Part 613 Code of Federal Regulations (23 CFR and 49 CFR): Planning Assistance and Standards Jul. 6, 2012……………..Map-21 Jun. 2, 2014…………….Notice of Proposed Rulemaking (NPRM): Statewide and Metropolitan Transportation Planning Dec. 4, 2015……………FAST Act Summer 2016…………Anticipated Final Rule, Statewide and Metropolitan Transportation Planning

3. Key Federal Transportation Improvement Program Regulations 23 CFR 450.104: Definitions 23 CFR §450.210 & §450.316: Public Participation 23 CFR §450.320: TMA Congestion Management 23 CFR §450.216 & §450.324: FSTIP/FTIP Development and Content 23 CFR §450.218, §450.328 and §450.334: Self-certification and FSTIP/FTIP Approval

4. Planning Program Definitions 23 CFR §450.104 General Rule: Unless otherwise specified, the definitions in 23 U.S.C. 101(a) and 49 U.S.C. 5302 are applicable to the Statewide and Metropolitan Planning requirements. 23 CFR §450.104 Definitions: This section provides definitions of key transportation planning terminology, including: – Available funds and Committed funds; – Consideration, Consultation, Cooperation, and Coordination; – Financial Plan, Fiscal Constraint, Regionally significant project, Visualization techniques; and – STIP, TIP, Update, and more…

5. Participation by Interested Parties 23 CFR §450.210 and §450.316 TIPs shall be developed using a documented participation plan Copies of the State’s approved public involvement process and MPO approved participation plan shall be provided to FHWA/FTA for informational purposes Visualization techniques shall be employed to describe the MPO TIP Public Information should be made available in electronically accessible format such as the world wide web. The FTIP/FSTIP must demonstrate explicit consideration and response to public input received during the TIP development Indian Tribal government(s) and Federal land management agencies shall be appropriately involved in the development of the TIPs

6. Participation by Interested Parties 23 CFR §450.216 and §450.324 Reasonable Opportunity to Comment: The MPO/Governor shall provide all interested parties with a reasonable opportunity to comment on the proposed FTIP/FSTIP. Formal Public Hearing: In nonattainment area TMAs, the MPO shall provide at least one formal public meeting during the FTIP development process. FTIP Availability: FTIPs shall be published or otherwise made readily available by the MPO for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, as described in §450.316(a).

7. TMA Congestion Management 23 CFR §450.320 In a TMA designated as nonattainment for ozone or carbon monoxide, Federal funds may not be programmed for any project that will result in a significant increase in SOV carrying capacity, unless the project is addressed through a congestion management process. In these areas, the following requirements must be met when programming projects with SOV carrying capacity: – Explicit consideration must be given to the incorporation of appropriate features into the SOV project to facilitate future demand management strategies and operational improvements that will maintain the functional integrity and safety of those lanes. – the CMP must provide an analysis of reasonable travel demand reduction and operational management strategies for the project corridor proposed for additional SOV capacity. – All identified reasonable travel demand reduction and operational management strategies shall be incorporated into the SOV project or committed to by the State and MPO for implementation.

8. FSTIP/FTIP Development and Content 23 CFR §450.216 and §450.324 FTIP/FSTIP Update Cycle: The FTIP/FSTIP must cover a period of no less than four years and be updated at least every four years. – A copy of the updated MPO TIP must be provided to the FHWA and the FTA. AQ Conformity: In nonattainment/maintenance areas, the MPO and FTA/FHWA (in consultation with U.S. EPA) must make a conformity determination on the updated FTIP (40 CFR part 93). RTP and FTIP/FSTIP Consistency: Each project or project phase included in the FTIP/FSTIP shall be consistent with the approved MPO Transportation Plan and/or the Statewide Transportation Plan. Develop a Financial Plan: The TIP shall include a financial plan that demonstrates fiscal constraint for the FTIP and supports the FSTIP fiscal constraint. Include all Regionally Significant Projects: For public information and AQ conformity purposes, the FTIP/FSTIP shall include all regionally significant projects regardless of the source of funds proposed.

9. FSTIP/FTIP Development and Content 23 CFR §450.216 and §450.324 Include all Federally Funded Projects: The FTIP/FSTIP must include capital and non-capital surface transportation projects within the planning area that are proposed for federal under 23 U.S.C. (Highways) and/or 49 U.S.C. (Transit). Includes all required project listing information: a sufficient description (type of work, termini, and length) total project cost, the amount and category of federal funds proposed to be obligated each year, and the responsible agency. Grouping projects: Projects not considered to be of appropriate scale for individual listing may be grouped using the applicable NEPA CE classifications under 23 CFR 771.117(c) and (d), and/or the AQ exempt project classifications in 40 CFR part 93 (in nonattainment and maintenance areas for NAAQS). TCM Priority: In nonattainment and maintenance areas the FTIP shall give priority to eligible TCMs identified in the approved SIP and provide for their timely implementation.

10. Self-certification and FSTIP/FTIP Approval 23 CFR §450.218, §450.328 and §450.334 Environmental Justice (EJ) Analysis: The FTIP should document the process used to assess the distribution of impacts on different socio-economic groups for the investments identified in the updated FTIP. Including FTIPs in the FSTIP: Each MPO FTIP must be included without change in the FSTIP. AQ Conformity: In nonattainment/maintenance areas, the MPO and FTA/FHWA (in consultation with U.S. EPA) must make a conformity determination on the updated FTIP (40 CFR part 93).

11. Self-certification and FSTIP/FTIP Approval 23 CFR §450.218, §450.328 and §450.334 Concurrent with the submittal of the entire proposed FTIP to the FHWA/FTA as part of the FSTIP approval, the State and the MPO shall certify (at least every four years) that the metropolitan transportation planning process is being carried out in accordance with all applicable requirements listed in 23 CFR 450.334, Self- certifications and Federal certifications. (1)23 U.S.C. 134, 49 U.S.C. 5303, and this 23 CFR part 450; (2) In nonattainment and maintenance areas, sections 174 and 176(c) and (d) of the clean Air Act, as amended (42 U.S.C. 7504, 7506(c) and (d)) and 40 CFR part 93; (3) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d–1) and 49 CFR part 21; (4) 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity;

12. Self-certification and FSTIP/FTIP Approval 23 CFR §450.218, §450.328 and §450.334 (5) Section 1101(b) of MAP–21 (Pub. L. 112–141) and 49 CFR part 26 regarding the involvement of disadvantaged business enterprises in DOT funded projects; (6) 23 CFR part 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid highway construction contracts; (7) The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 49 CFR parts 27, 37, and 38; (8) The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; (9) Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on gender; and (10) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities.

13. Financial Planning and Fiscal Constraint 23 CFR §450.216 and §450.324 The FTIP shall include a financial plan that demonstrates fiscal constraint The MPO, State and public transit operators shall cooperatively develop estimates of reasonably available funds. The FTIP/FSTIP shall include a project, or a phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. The FTIP/FSTIP must include the estimated total project cost (or cost range), which may extend beyond the four years of the FTIP/FSTIP. For individually listed projects, the FTIP/FSTIP must indicate the amount of Federal funds proposed to be obligated during each program year.

14. Financial Planning and Fiscal Constraint 23 CFR §450.216 and §450.324 In nonattainment/maintenance areas for NAAQS, projects included in the first two years of the TIP/STIP shall be limited to those for which funds are available or committed. Fiscal constraint of the FTIP/FSTIP shall be demonstrated and maintained by year. The FSTIP must include system-level estimates of costs and revenue sources that are reasonably expected to be available to adequately operate and maintain Federal-aid highways and public transportation. Revenue and cost estimates for the FSTIP must use an inflation rate, developed cooperatively by the State, MPO, and transit operators, and based on reasonable financial principles and information, to reflect “year of expenditure” dollars.

15. Financial Planning and Fiscal Constraint 23 CFR §450.216 and §450.324 In the case of “proposed funding sources”, strategies for ensuring their availability shall be identified in the financial plan In cases that the FHWA and the FTA find a FTIP/STIP to be fiscally constrained and a revenue source is subsequently removed or substantially reduced (i.e., by legislative or administrative actions), the FHWA and the FTA will not withdraw the original determination of fiscal constraint. However, in such cases, the FHWA and the FTA will not act on an updated or amended STIP that does not reflect the changed revenue situation.

16. FHWA CADO MPO Planning Contacts Planning Program Coordinators: Scott.Carson@dot.gov(916) 498-5029 Cecilia.Crenshaw@dot.gov(916) 498-5033 Wade.Hobbs@dot.gov(916) 498-5027 Michael.Morris@dot.gov(213) 894-4014 Stew.Sonnenberg@dot.gov(916) 498-5889 Planning and Air Quality Team Leader: Jack.Lord@dot.gov(916) 498-5888 ?