STIP Amendments and Modifications

1. STIP Amendments and Modifications Mike Stanley NCDOT Program Development

2. Background • Current process • Monthly Board of Transportation agenda item • N.C.G.S. 136-12(b) – 30-day Legislative review • Posting on NCDOT website • Concerns / issues with current process • Definitions – amendment vs. modification vs. revision vs. “interim changes” • Different requirements for transit projects • Communication with stakeholders • FHWA / FTA / NCDOT Joint STIP Review

3. ah, that terminology thing again…. • Federal definitions – 23 CFR 450.104 • Amendment – requires public review/comment, re-demonstration of fiscal constraint, and/or conformity determination • Administrative modification – above requirements do not apply • Item “N” – Board of Transportation agenda • Additions • Modifications • Deletions • Item N – additions and deletions are always amendments in first 4 years, BUT • “modifications” can be either amendments or administrative modifications • confused yet?!

4. of course you are…. • ….hence- the Guidelines • Initial draft summer 2011 • Presented to MPO coordinators at meeting on October 20, 2011 • Revisions made and submitted to FHWA and FTA for review/comment • Presented to Board of Transportation for adoption – April 2012 • Submittal to FHWA and FTA for final approval

5. Amendments - examples • Cost increases above a defined threshold that are determined to affect fiscal constraint of overall program • Additions or deletions of Federally funded projects in first 4 years • Additions or deletions of State funded regionally significant projects in first 4 years • Schedule changes that move right of way, major capital acquisitions, or construction into or out of the first 4 years • Schedule changes within the first 4 years that shift a project’s LRTP horizon year. • funding a phase of work in the first 4 years that was not previously programmed (e.g. adding funding for right of way and/or utilities) • Adding, changing, or deleting a non-traditional funding source (e.g. bonds, private participation)

6. Administrative modifications - examples • Changes to project schedules in year 5 or later • Minor changes to project descriptions or scope of work – project not substantially redefined • Changes in funding source, when funds are all provided through traditional revenue streams (e.g. Federal/State/local tax revenue) • Projects approved for use of Federal Emergency Relief funds • Other additions, changes, or deletions not fitting the definition of “amendment”

7. State-funded projects • Generally, all STIP revisions constitute modifications, unless the project is regionally significant for transportation conformity • Local action/approval is therefore at the discretion of the MPOs • For changes to State-funded regionally significant projects, conformity determination must be made prior to STIP action by the NC Board of Transportation

8. Stakeholder notification • Proposed STIP amendments will be provided to MPOs and RPOs at least 25 days prior to presentation to the NC Board of Transportation for adoption (exception for responses to declared disasters) • Non-transit portion of STIP – • All proposed revisions will be transmitted • Those constituting formal amendments will be tagged accordingly for MPO reference in taking appropriation action regarding TIPs • Transit portion of STIP – • Amendments will be submitted to FTA Region IV for endorsement • Administrative modifications will be posted on PTD website within 5 days of changes being processed