28-6353

28-6353. Regional transportation plan and
project enhancements and changes

A. The regional planning agency in the county shall approve any change in the
regional transportation plan and the projects funded in the regional transportation plan
that affect the planning agency's transportation improvement program, including project
priorities.

B. Requests for changes to transportation projects funded in the regional
transportation plan that would materially increase costs shall be submitted to the
regional planning agency for approval and submitted by the regional planning agency to
the board for approval.

C. If a local authority requests an enhancement to a transportation project funded
pursuant to the regional transportation plan, the local authority shall pay all costs
associated with the enhancement.

D. The process prescribed in subsection E of this section is required if:

1. An audit finding pursuant to section 28-6313 recommends that a project or system
in the regional transportation plan is not warranted or requires a modification that is a
major amendment as defined in section 28-6301.

2. The transportation policy committee recommends to the regional planning agency a
modification of the regional transportation plan that is a major amendment as defined in
section 28-6301.

E. A major amendment requires the following:

1. Consideration by the transportation policy committee of alternatives in the same
modal category that will relieve congestion and improve mobility in the same general
corridor addressed by the originally planned project or system.

2. If a reasonable option is identified as an alternative for the originally
planned project or system, the transportation policy committee shall submit the proposed
amendment for review by the regional public transportation authority in the county, the
state board of transportation, the county board of supervisors, Indian communities,
cities and towns in the county and the citizens transportation oversight committee.
After reviewing the proposed amendment, the board of directors of the regional public
transportation authority, the state board of transportation and the county board of
supervisors, by a majority vote of the members of each board within thirty days after
receiving the proposed amendment, shall submit a written recommendation to the
transportation policy committee that the proposed amendment be approved, modified or
disapproved. Within thirty days after receiving the amendment, the citizens
transportation oversight committee and the Indian communities, cities and towns may also
submit written recommendations to the transportation policy committee that the proposed
amendment be approved, modified or disapproved.

3. If no reasonable option for an alternative to the originally planned project or
system is identified, the transportation policy committee shall submit an amendment to
delete the original project for review by the regional public transportation authority,
the state board of transportation, the county board of supervisors, Indian communities,
cities and towns in the county and the citizens transportation oversight committee.
After reviewing the proposed amendment the board of directors of the regional public
transportation authority, the state board of transportation and the county board of
supervisors, by a majority vote of the members of each board within thirty days after
receiving the proposed amendment, shall submit a written recommendation to the
transportation policy committee that the proposed amendment be approved, modified or
disapproved. Within thirty days after receiving the proposed amendment, the citizens
transportation oversight committee and Indian communities, cities and towns in the county
may also submit written recommendations to the transportation policy committee that the
proposed amendment be approved, modified or disapproved.

4. The transportation policy committee must consider any written recommendations
submitted by any of the reviewing entities as prescribed by paragraph 2 or 3 of this
subsection.

5. The transportation policy committee shall recommend approval, disapproval or
modification of the proposed amendment to the regional planning agency for consideration.

F. The affirmative vote of seventeen members of the transportation policy committee
is required to approve and proceed with either of the following:

1. Recommendation of a major amendment to the regional planning agency that fails
to receive approval of either the regional public transportation authority in the county,
the state board of transportation or the county board of supervisors as prescribed in
this section.

2. A transportation project or system that is found to be unwarranted by an audit
as prescribed in this section.