Ariz. Admin. Code § R18-2-1429 - Requirements for Adoption or Approval of Projects by Recipients of Funds Designated under 23 U.S.C. or the Federal Transit Act
A. This Section shall not apply to any of the
following:
1. A transportation project that
is a street with a lower classification than a collector street, as specified
in the most recent federal classification map for the region.
2. An exempt project listed in
R18-2-1434.
B. No recipient of federal funds designated
under 23 U.S.C. or the Federal Transit Act shall adopt or approve a
transportation project, regardless of funding source, without first determining
whether the transportation project is regionally significant. In making this
determination, the recipient shall not take any action that is inconsistent
with the procedures developed by ADOT or the MPO pursuant to
R18-2-1405(R).
C. No recipient of federal funds designated
under 23 U.S.C. or the Federal Transit Act shall adopt or approve a regionally
significant highway or transit project, regardless of funding source, unless
both of the following apply:
1. There is a
currently conforming transportation plan and TIP consistent with the
requirements of
R18-2-1414.
2. The requirements of one of the following
are met:
a. The project comes from a
conforming plan and program consistent with the requirements of
R18-2-1415.
b. The project is included in the regional
emissions analysis supporting the currently conforming TIP's conformity
determination, even if the project is not strictly "included" in the TIP for
the purposes of MPO project selection or endorsement, and the project's design
concept and scope have not changed significantly from those which were included
in the regional emissions analysis, or in a manner which would significantly
impact use of the facility.
c.
During the control strategy or maintenance period, the project is consistent
with the motor vehicle emissions budget in the applicable implementation plan
consistent with the requirements of
R18-2-1420.
d. During Phase II of the interim period, the
project contributes to emissions reductions or does not increase emissions
consistent with the requirements of
R18-2-1424 (in ozone and CO
nonattainment areas) or
R18-2-1427 (in
PM10 and NO2 nonattainment
areas).
e. During the transitional
period, the project satisfies the requirements of both subsections (1)(2)(c)
and (d).
D.
Pursuant to the consultation process established in
R18-2-1405(O),
ADOT or the MPO where one exists shall, not later than September 1, 1995,
develop and make available the procedures to be used by any recipient of
federal funds designated under 23 U.S.C. or the Federal Transit Act to comply
with subsections (B) and (C). These procedures may be revised periodically, as
needed, using the same consultation process. At a minimum, such procedures
shall provide for the following:
1. The
minimum information required by the recipient to make determinations in
compliance with subsections (B) and (C);
2. The time-frames for action to be taken by
the recipient;
3. For
transportation projects determined to be regionally significant, the
documentation necessary to demonstrate that the requirements of
23
CFR 450.324(e), (g), and (h)
have been met.
E. After
a transportation project is adopted or approved, no subsequent act defined as
adoption or approval under this Section or under procedures developed to
implement this Section shall be subject to subsection (B) or (C), unless
project's design concept or scope have changed significantly since the project
was first adopted or approved.
F. A
regionally significant transportation project found to be in conformity, either
as a result of a TIP or a separate project analysis, shall retain such
conformity finding, irrespective of subsequent analysis, unless the project
fails to meet the conditions of its approval or undergoes a significant change
in scope. In any event, a conformity determination shall lapse after three
years in the absence of a redetermination; except that a project undergoing
NEPA approval shall retain its conformity determination, unless none of the
following major steps has occurred within the most recent three-year period:
1. NEPA process completion;
2. Start of final design;
3. Acquisition of a significant portion of
the right-of-way;
4. Approval of
the plans, specifications, and estimates.
Notes
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