Section R18-2-1429. Requirements for Adoption or Approval of Proj- ects 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 clas- sification 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 sig- nificant 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 pro- gram 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 proj- ect’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 emis- sions 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 nonattain- ment 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 pro- cedures to be used by any recipient of federal funds designated under 23 U.S.C. or the Federal Transit Act to comply with sub- sections (B) and (C). These procedures may be revised period-

ically, 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 sub- sequent 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 condi- tions 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 con- formity 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.

Historical Note

Adopted effective June 15, 1995 (Supp. 95-2).