March 23, 2019
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       Florida Senate - 2010                                    SB 2324
       
       
       
       By Senator Altman
       
       
       
       
       24-00937A-10                                          20102324__
    1                        A bill to be entitled                      
    2         An act relating to metropolitan planning
    3         organizations; amending s. 339.175, F.S.; requiring
    4         the designation of a metropolitan planning
    5         organization for each urbanized area of the state
    6         meeting a certain population threshold; providing
    7         processes for the redesignation of an M.P.O.;
    8         providing that the designation of an M.P.O. remains in
    9         effect until the occurrence of specified events;
   10         specifying circumstances under which redesignation of
   11         an M.P.O. is or is not required; requiring that, to
   12         the extent possible, only one M.P.O. be designated for
   13         each area; requiring that jurisdictional boundaries be
   14         described in certain interlocal agreements;
   15         prohibiting the overlap of jurisdictional boundaries
   16         of multiple metropolitan planning organizations;
   17         providing for the resolution of overlapping
   18         boundaries; requiring the review of boundaries at
   19         specified intervals; providing purposes and procedures
   20         for such review; requiring that boundaries be adjusted
   21         as necessary upon completion of such review; requiring
   22         that boundaries of certain metropolitan planning areas
   23         be retained; authorizing the creation of boundaries
   24         for certain metropolitan planning organizations for
   25         the purpose of coinciding with ozone or carbon
   26         monoxide nonattainment areas; requiring that a
   27         metropolitan transportation planning process be
   28         continuous, cooperative, coordinated, and
   29         comprehensive; requiring that an M.P.O. consider
   30         certain factors when creating a transportation
   31         improvement program; requiring that such process be
   32         consistent with specified provisions of federal law;
   33         requiring that an M.P.O. take certain actions when
   34         providing recommendations regarding transportation
   35         improvement to the Department of Transportation or
   36         local governments; requiring that an M.P.O. develop
   37         and use a documented participation plan that defines
   38         certain processes; requiring that each interested
   39         party be afforded the opportunity to participate in
   40         such development; requiring that such plan be
   41         consistent with applicable provisions of federal law
   42         and rules; requiring that each long-range
   43         transportation plan developed by an M.P.O. include
   44         certain information and elements; requiring the
   45         periodic review of air quality nonattainment and
   46         maintenance aspects of each long-range plan; providing
   47         purposes for such review; authorizing an M.P.O. to
   48         revise such plan under certain circumstances;
   49         requiring that such plan be published or made
   50         available in specified formats by the M.P.O. for
   51         public review; specifying guidelines upon which an
   52         M.P.O. must base updates to a long-range plan;
   53         requiring that an M.P.O. consider certain strategies
   54         when developing a long-range plan; requiring that a
   55         long-range transportation plan contain certain
   56         elements and include certain information; deleting
   57         requirements of such plans relating to capital
   58         investment and transportation-enhancement activities;
   59         requiring that an M.P.O. provide certain parties
   60         notice and opportunity to comment during the
   61         development of a long-range transportation plan or
   62         transportation improvement program; specifying
   63         prevailing principles to be considered by an M.P.O.
   64         during the development of a transportation improvement
   65         program; requiring that a transportation improvement
   66         program meet certain minimum requirements; requiring
   67         that an M.P.O. publish an annual listing of certain
   68         projects; requiring that an M.P.O. develop a unified
   69         planning work program; providing requirements for such
   70         program; requiring that an M.P.O. execute specified
   71         types of written agreements; requiring that a single
   72         agreement be developed whenever possible; requiring
   73         that written agreements contain certain provisions;
   74         providing an effective date.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Subsection (2), paragraphs (b) and (c) of
   79  subsection (6), subsections (7), (8), and (9), and paragraph (a)
   80  of subsection (10) of section 339.175, Florida Statutes, are
   81  amended, and paragraph (k) is added to subsection (6) of that
   82  section, to read:
   83         339.175 Metropolitan planning organization.—
   84         (2) DESIGNATION; REDESIGNATION; JURISDICTIONAL BOUNDARIES.—
   85         (a)1. An M.P.O. shall be designated for each urbanized area
   86  of the state which has a total population as provided by federal
   87  law; however, this does not require that an individual M.P.O. be
   88  designated for each such area. Such designation or a
   89  redesignation shall be accomplished by agreement between the
   90  Governor and units of general-purpose local government
   91  representing at least 75 percent of the population of the
   92  urbanized area, or in the case of a redesignation, the existing
   93  metropolitan planning area, including the largest incorporated
   94  municipality, as determined based on population, within the
   95  jurisdictional area to be designated; however, the unit of
   96  general-purpose local government that represents the central
   97  city or cities within the M.P.O. jurisdiction, as defined by the
   98  United States Bureau of the Census, must be a party to such
   99  agreement. An M.P.O. designation shall remain in effect until an
  100  official redesignation has been made in accordance with federal
  101  law. Redesignation shall be accomplished in a manner consistent
  102  with federal law.
  103         2. Redesignation of an M.P.O. is required if an existing
  104  M.P.O. proposes to make a substantial and material change in:
  105         a. The proportion of voting members of the existing M.P.O.
  106  representing the largest incorporated municipality, other units
  107  of general-purpose local government served by the M.P.O., and
  108  authorities or other agencies created by law to perform
  109  transportation functions which are performing transportation
  110  functions and are not under the jurisdiction of a general
  111  purpose local government represented on the M.P.O.; or
  112         b. The decisionmaking authority or responsibility of the
  113  M.P.O., or the decisionmaking procedures established under
  114  M.P.O. bylaws.
  115         3. Redesignation is not required if the conditions
  116  described in subparagraph 2. do not occur and:
  117         a. A new urbanized area is identified, as determined by the
  118  Bureau of the Census within an existing metropolitan planning
  119  area;
  120         b. Members are added to the M.P.O. and such members
  121  represent new units of general-purpose local government
  122  resulting from an expansion of the metropolitan planning area;
  123         c. Members are added to satisfy specific membership
  124  requirements for an M.P.O. serving as a transportation
  125  management area; or
  126         d. Members representing units of general-purpose local
  127  government, as established under M.P.O. bylaws, are rotated
  128  according to a schedule of periodic rotation.
  129         4.2.To the extent reasonably possible, only one M.P.O. may
  130  be designated for each urbanized area. More than one M.P.O. may
  131  be designated within an existing metropolitan planning area only
  132  if the Governor and the existing M.P.O. determine that the size
  133  and complexity of the existing metropolitan planning area makes
  134  the designation of more than one M.P.O. for the area
  135  appropriate.
  136         (b) Each M.P.O. designated in a manner prescribed by Title
  137  23 of the United States Code shall be created and operated under
  138  the provisions of this section pursuant to an interlocal
  139  agreement entered into pursuant to s. 163.01. The signatories to
  140  the interlocal agreement shall be the department and the
  141  governmental entities designated by the Governor for membership
  142  on the M.P.O. Each M.P.O. shall be a corporate body and shall be
  143  considered separate from the state or the governing body of a
  144  local government that is represented on the governing board of
  145  the M.P.O. or that is a signatory to the interlocal agreement
  146  creating the M.P.O. and shall have such powers and privileges
  147  that are provided under s. 163.01. If there is a conflict
  148  between this section and s. 163.01, this section prevails.
  149         (c)1. The jurisdictional boundaries of an M.P.O. shall be
  150  determined by agreement between the Governor and the applicable
  151  M.P.O., and the jurisdictional boundaries of the M.P.O. shall be
  152  described in any new interlocal agreement entered into after
  153  July 1, 2010. The boundaries must include at least the
  154  metropolitan planning area, which is the existing urbanized area
  155  and the contiguous area expected to become urbanized within a
  156  20-year forecast period, and may encompass the entire
  157  metropolitan statistical area or the consolidated metropolitan
  158  statistical area.
  159         2. Metropolitan planning area jurisdictional boundaries may
  160  not overlap. If part of an urbanized area served by one M.P.O.
  161  extends into an adjacent metropolitan planning area, both
  162  organizations shall, at a minimum, establish written agreements
  163  clearly identifying areas of coordination and the division of
  164  transportation planning responsibilities.
  165         3. After each decennial census, the metropolitan planning
  166  area boundaries of each M.P.O. shall be reviewed by the M.P.O.
  167  in cooperation with the department and public transportation
  168  operators operating within the metropolitan planning area or
  169  within any areas immediately adjacent to the metropolitan
  170  planning area but outside any other M.P.O.’s metropolitan
  171  planning area. The purpose of such review is to determine
  172  whether the existing metropolitan planning area boundaries meet
  173  the minimum federal and state statutory requirements for new and
  174  updated urbanized areas and to reflect the most comprehensive
  175  boundary for the purpose of fostering an effective planning
  176  process that ensures connectivity between modes, reduces access
  177  disadvantages experienced by modal systems, and promotes overall
  178  efficient transportation investment strategies. Upon completion
  179  of the review, the boundaries shall be adjusted as necessary by
  180  the M.P.O. and the Governor.
  181         (d) In the case of an urbanized area designated as a
  182  nonattainment area for ozone or carbon monoxide under the Clean
  183  Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
  184  metropolitan planning area in existence on August 10, 2005, as
  185  of the date of enactment of this paragraph shall be retained,
  186  except that the boundaries may be adjusted by agreement of the
  187  Governor and affected metropolitan planning organizations in the
  188  manner described in paragraph (a) this section. If more than one
  189  M.P.O. has authority within a metropolitan planning area or an
  190  area that is designated as a nonattainment area, each M.P.O.
  191  shall consult with other M.P.O.’s designated for such area and
  192  with the state in the coordination of plans and programs
  193  required by this section. A metropolitan planning area boundary
  194  for an M.P.O. serving an urbanized area designated as a
  195  nonattainment area for ozone or carbon monoxide under the Clean
  196  Air Act, 42 U.S.C. ss. 7401 et seq., after August 10, 2005, may
  197  be established to coincide with the designated boundaries of the
  198  ozone or carbon monoxide nonattainment area in accordance with
  199  the requirements of paragraph (a).
  200         (e) The governing body of the M.P.O. shall designate, at a
  201  minimum, a chair, vice chair, and agency clerk. The chair and
  202  vice chair shall be selected from among the member delegates
  203  comprising the governing board. The agency clerk shall be
  204  charged with the responsibility of preparing meeting minutes and
  205  maintaining agency records. The clerk shall be a member of the
  206  M.P.O. governing board, an employee of the M.P.O., or other
  207  natural person.
  208  
  209  Each M.P.O. required under this section must be fully operative
  210  no later than 6 months following its designation.
  211         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  212  privileges, and authority of an M.P.O. are those specified in
  213  this section or incorporated in an interlocal agreement
  214  authorized under s. 163.01. Each M.P.O. shall perform all acts
  215  required by federal or state laws or rules, now and subsequently
  216  applicable, which are necessary to qualify for federal aid. It
  217  is the intent of this section that each M.P.O. shall be involved
  218  in the planning and programming of transportation facilities,
  219  including, but not limited to, airports, intercity and high
  220  speed rail lines, seaports, and intermodal facilities, to the
  221  extent permitted by state or federal law.
  222         (b) The metropolitan transportation planning process must
  223  be continuous, cooperative, coordinated, and comprehensive. In
  224  developing the long-range transportation plan and the
  225  transportation improvement program required under paragraph (a),
  226  each M.P.O. shall provide for consideration and implementation
  227  of projects, services, and strategies that will address the
  228  following factors:
  229         1. Support the economic vitality of the metropolitan area,
  230  especially by enabling global competitiveness, productivity, and
  231  efficiency;
  232         2. Increase the safety and security of the transportation
  233  system for motorized and nonmotorized users;
  234         3. Increase the accessibility and mobility options for
  235  available to people and for freight;
  236         4. Protect and enhance the environment, promote energy
  237  conservation, and improve quality of life, and promote
  238  consistency between transportation improvements and state and
  239  local planned growth and economic development patterns;
  240         5. Enhance the integration and connectivity of the
  241  transportation system, across and between modes, for people and
  242  freight;
  243         6. Promote efficient system management and operation; and
  244         7. Emphasize the preservation of the existing
  245  transportation system.
  246  
  247  The degree of consideration and analysis of the factors
  248  described in this paragraph shall be based on the scale and
  249  complexity of transportation system development, land use,
  250  employment, economic development, human and natural environment,
  251  and housing and community development. The metropolitan
  252  transportation planning process must be consistent with the
  253  Strategic Highway Safety Plan as specified in 23 U.S.C. 148, as
  254  well as other transit safety and security planning and review
  255  processes, plans, and programs, as appropriate.
  256         (c) In order to provide recommendations to the department
  257  and local governmental entities regarding transportation plans
  258  and programs, each M.P.O. shall:
  259         1. Prepare a congestion management process system for the
  260  metropolitan area and cooperate with the department in the
  261  development of all other transportation management systems
  262  required by state or federal law. Congestion management shall be
  263  addressed through a process providing for safe and effective
  264  integrated management and operation of a multimodal
  265  transportation system of new and existing transportation
  266  facilities eligible for federal funding through the use of
  267  travel-demand reduction and operational management strategies.
  268  The development of the congestion-management process must result
  269  in multimodal system performance measures and strategies that
  270  can be reflected in the long-range transportation plan and the
  271  transportation improvement program plan. Levels of system
  272  performance deemed acceptable by the department, local
  273  governments, and local transportation officials may vary by type
  274  of transportation facility, geographic location such as
  275  metropolitan area or subarea, or time of day;
  276         2. Assist the department in mapping transportation planning
  277  boundaries required by state or federal law;
  278         3. Assist the department in performing its duties relating
  279  to access management, functional classification of roads, and
  280  data collection;
  281         4. Execute all agreements or certifications necessary to
  282  comply with applicable state or federal law;
  283         5. Represent all the jurisdictional areas within the
  284  metropolitan area in the formulation of transportation plans and
  285  programs required by this section; and
  286         6. Perform all other duties required by state or federal
  287  law.
  288         (k)1. Each M.P.O. shall develop and use a documented
  289  participation plan that defines a process for:
  290         a. Citizens;
  291         b. Affected public agencies;
  292         c. Freight shippers;
  293         d. Providers of freight transportation services;
  294         e. Private providers of transportation;
  295         f. Employees of any public transportation system or
  296  authority;
  297         g. Users of public transportation;
  298         h. Pedestrian walkways;
  299         i. Bicycle transportation facilities;
  300         j. The disabled; and
  301         k. Other interested parties.
  302         2. The participation plan shall be developed by the M.P.O.
  303  in consultation with interested parties, and the M.P.O shall
  304  provide each interested party with a reasonable opportunity to
  305  be involved in the metropolitan transportation planning process.
  306         3. The participation plan shall, at a minimum, be developed
  307  in a manner consistent with the requirements of federal law and
  308  rules.
  309         (7) LONG-RANGE TRANSPORTATION PLAN.—
  310         (a)1. Each M.P.O. must develop a long-range transportation
  311  plan that addresses at least a 20-year planning horizon. The
  312  plan must include both long-range and short-range strategies and
  313  actions leading to an integrated multimodal transportation
  314  system that facilitates the safe and efficient movement of
  315  people and goods, addresses current and future transportation
  316  demand, and complies must comply with all other state and
  317  federal requirements.
  318         2. The air quality nonattainment and maintenance aspects of
  319  each long-range transportation plan shall be reviewed and
  320  updated at least every 4 years and the attainment aspect of each
  321  long-range transportation plan shall be reviewed and updated at
  322  least every 5 years. The purpose of such review and any
  323  resulting updates is to confirm each long-range transportation
  324  plan’s validity and consistency with current and forecasted
  325  transportation and land use conditions or trends and to extend
  326  the forecast period to at least a 20-year planning horizon. The
  327  M.P.O. may also revise a long-range transportation plan at any
  328  time using the procedures described in this subsection without
  329  extending the time of the planning horizon. The plan and any
  330  revisions are subject to approval by the M.P.O.’s governing
  331  board. The metropolitan long-range transportation plan shall be
  332  published or otherwise made readily available by the M.P.O. for
  333  public review. The available formats for such public review
  334  shall include, to the maximum extent practicable, any
  335  electronically accessible formats such as the Internet.
  336         3. The M.P.O. shall base updates to the long-range
  337  transportation plan on the latest available estimates and
  338  assumptions for population, land use, travel, employment,
  339  congestion, and economic activity. The governing board of the
  340  M.P.O. shall approve the long-range transportation contents and
  341  supporting analyses produced by a plan update.
  342         (b)1. The prevailing principles to be considered in the
  343  long-range transportation plan are the same factors as set forth
  344  in paragraph (6)(b): preserving the existing transportation
  345  infrastructure; enhancing Florida’s economic competitiveness;
  346  and improving travel choices to ensure mobility.
  347         2. The long-range transportation plan must be consistent,
  348  to the maximum extent feasible, with future land use elements
  349  and the goals, objectives, and policies of the approved local
  350  government comprehensive plans of the units of local government
  351  located within the jurisdiction of the M.P.O. Each M.P.O. is
  352  encouraged to consider strategies that integrate transportation
  353  and land use planning to provide for sustainable development and
  354  reduce greenhouse gas emissions. In developing the long-range
  355  transportation plan, an M.P.O. shall consider applicable
  356  strategies in local government comprehensive plans to reduce
  357  greenhouse gas emissions developed pursuant to s. 163.3177(6)(b)
  358  and (j). The approved long-range transportation plan must be
  359  considered by local governments in the development of the
  360  transportation elements in local government comprehensive plans
  361  and any amendments thereto.
  362         3. The long-range transportation plan shall have a cost
  363  feasibility element that includes a listing of projects for
  364  which funding has been identified and is available and a needs
  365  element containing a listing of projects for which funding has
  366  not been identified or is unavailable. The cost-feasibility
  367  element may list projects not fully funded if the unfunded
  368  phases of a project are identified in the needs element. If a
  369  project is to be constructed by the department or another entity
  370  using state or federal funds, the project must be identified in
  371  the long-range transportation plan and the transportation
  372  improvement program.
  373         (c) The long-range transportation plan shall include must,
  374  at a minimum:
  375         1. The projected transportation demand of persons and goods
  376  in the metropolitan planning area over the duration of the long
  377  range transportation plan.
  378         2. Existing and proposed transportation facilities,
  379  including major roadways, transit, multimodal and intermodal
  380  facilities, pedestrian walkways and bicycle facilities, and
  381  intermodal connectors, which should function as an integrated
  382  metropolitan transportation system, giving emphasis to those
  383  facilities that serve important national, state, or regional
  384  transportation functions over the duration of the long-range
  385  transportation plan. The plan
  386         (a)Identify transportation facilities, including, but not
  387  limited to, major roadways, airports, seaports, spaceports,
  388  commuter rail systems, transit systems, and intermodal or
  389  multimodal terminals that will function as an integrated
  390  metropolitan transportation system. The long-range
  391  transportation plan must give emphasis to those transportation
  392  facilities that serve national, statewide, or regional
  393  functions, and must consider the goals and objectives identified
  394  in the Florida Transportation Plan as provided in s. 339.155. If
  395  a project is located within the boundaries of more than one
  396  M.P.O., the M.P.O.’s must coordinate plans regarding the project
  397  in the long-range transportation plan.
  398         3. Operational and management strategies to improve the
  399  performance of existing transportation facilities for the
  400  purpose of maximizing the safety and mobility of people and
  401  goods.
  402         4. Assessment of capital investment and other strategies to
  403  preserve the existing and projected future metropolitan
  404  transportation infrastructure.
  405         5. Transportation and transit enhancement activities, as
  406  appropriate, including, but not limited to, pedestrian walkway
  407  and bicycle transportation facilities in accordance with 23
  408  U.S.C. 217(g), scenic easements, landscaping, historic
  409  preservation, mitigation of water pollution due to highway
  410  runoff, and control of outdoor advertising.
  411         6.(b)Include A financial plan that demonstrates how the
  412  plan can be implemented, indicating resources from public and
  413  private sources which are reasonably expected to be available to
  414  carry out the plan, and recommends any additional financing
  415  strategies to fund for needed projects and programs included in
  416  the metropolitan long-range transportation plan. For purposes of
  417  transportation system operations and maintenance, the financial
  418  plan shall contain system-level estimates of costs and revenue
  419  sources reasonably expected to be available to adequately
  420  operate and maintain federal-aid highways and public
  421  transportation. The financial plan may include, for illustrative
  422  purposes, additional projects that would be included in the
  423  adopted long-range transportation plan if reasonable additional
  424  resources beyond those identified in the financial plan were
  425  available. The M.P.O. is not required to select any project from
  426  the illustrative list of additional projects included in the
  427  financial plan pursuant to this subparagraph. For the purpose of
  428  developing the metropolitan long-range transportation plan, the
  429  M.P.O., public transportation operators, and the department
  430  shall cooperatively develop estimates of funds that will be
  431  available to support the plan implementation. Innovative
  432  financing techniques may be used to fund needed projects and
  433  programs. Such techniques may include the assessment of tolls,
  434  the use of value capture financing, or the use of value pricing.
  435         (d) The metropolitan long-range transportation plan shall
  436  include a safety element that incorporates or summarizes the
  437  priorities, goals, countermeasures, or projects for the
  438  metropolitan planning area contained in the Strategic Highway
  439  Safety Plan required under 23 U.S.C. 148, as well as appropriate
  440  emergency relief and disaster preparedness plans, and strategies
  441  or policies supporting homeland security as appropriate and
  442  safeguarding the personal security of all motorized and
  443  nonmotorized users.
  444         (c)Assess capital investment and other measures necessary
  445  to:
  446         1.Ensure the preservation of the existing metropolitan
  447  transportation system including requirements for the operation,
  448  resurfacing, restoration, and rehabilitation of major roadways
  449  and requirements for the operation, maintenance, modernization,
  450  and rehabilitation of public transportation facilities; and
  451         2.Make the most efficient use of existing transportation
  452  facilities to relieve vehicular congestion and maximize the
  453  mobility of people and goods.
  454         (d)Indicate, as appropriate, proposed transportation
  455  enhancement activities, including, but not limited to,
  456  pedestrian and bicycle facilities, scenic easements,
  457  landscaping, historic preservation, mitigation of water
  458  pollution due to highway runoff, and control of outdoor
  459  advertising.
  460         (e) In addition to the requirements of paragraphs (a)-(d),
  461  in metropolitan areas that are classified as nonattainment areas
  462  for ozone or carbon monoxide, the M.P.O. must coordinate the
  463  development of the long-range transportation plan with the
  464  process for developing transportation control measures in the
  465  State Implementation Plan developed pursuant to the requirements
  466  of the federal Clean Air Act.
  467         (f) In the development of its long-range transportation
  468  plan, each M.P.O. must provide the public, affected public
  469  agencies, representatives of transportation agency employees,
  470  freight shippers, providers of freight transportation services,
  471  private providers of transportation, representatives of users of
  472  public transit, and other interested parties with a reasonable
  473  opportunity to comment on the long-range transportation plan
  474  using the public participation plan developed pursuant to s.
  475  paragraph (6)(k). During development of the long-range
  476  transportation plan and amendments thereto, the M.P.O. shall
  477  provide notice of the plan and amendments in an electronically
  478  accessible format on the Internet as described in the public
  479  participation plan. The long-range transportation plan must be
  480  approved by the M.P.O.
  481         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
  482  in cooperation with the state and affected public transportation
  483  operators, develop a transportation improvement program for the
  484  area within the jurisdiction of the M.P.O. In the development of
  485  the transportation improvement program, each M.P.O. must provide
  486  the public, affected public agencies, representatives of
  487  transportation agency employees, freight shippers, providers of
  488  freight transportation services, private providers of
  489  transportation, representatives of users of public transit, and
  490  other interested parties with a reasonable opportunity to
  491  participate in the development of and comment on the proposed
  492  transportation improvement program consistent with the
  493  provisions of the public participation plan described in s.
  494  paragraph (6)(k).
  495         (a) Each M.P.O. is responsible for developing, annually, a
  496  list of project priorities and a transportation improvement
  497  program. The prevailing principles to be considered by each
  498  M.P.O. when developing a list of project priorities and a
  499  transportation improvement program are the factors set forth in
  500  paragraph (6)(b): preserving the existing transportation
  501  infrastructure; enhancing Florida’s economic competitiveness;
  502  and improving travel choices to ensure mobility. The
  503  transportation improvement program will be used to initiate
  504  federally aided transportation facilities and improvements as
  505  well as other transportation facilities and improvements
  506  including transit, rail, aviation, spaceport, and port
  507  facilities to be funded from the State Transportation Trust Fund
  508  within its metropolitan area in accordance with existing and
  509  subsequent federal and state laws and rules and regulations
  510  related thereto. The transportation improvement program shall be
  511  consistent, to the maximum extent feasible, with the approved
  512  local government comprehensive plans of the units of local
  513  government whose boundaries are within the metropolitan area of
  514  the M.P.O. and include those projects programmed pursuant to s.
  515  339.2819(4).
  516         (b) Each M.P.O. annually shall prepare a list of project
  517  priorities and shall submit the list to the appropriate district
  518  of the department by October 1 of each year; however, the
  519  department and a metropolitan planning organization may, in
  520  writing, agree to vary this submittal date. The list of project
  521  priorities must be formally reviewed by the technical and
  522  citizens’ advisory committees, and approved by the M.P.O.,
  523  before it is transmitted to the district. The approved list of
  524  project priorities must be used by the district in developing
  525  the district work program and must be used by the M.P.O. in
  526  developing its transportation improvement program. The annual
  527  list of project priorities must be based upon project selection
  528  criteria that, at a minimum, consider the following:
  529         1. The approved M.P.O. long-range transportation plan;
  530         2. The Strategic Intermodal System Plan developed under s.
  531  339.64.
  532         3. The priorities developed pursuant to s. 339.2819(4).
  533         4. The results of the transportation management systems;
  534  and
  535         5. The M.P.O.’s public-involvement procedures.
  536         (c) The transportation improvement program must, at a
  537  minimum:
  538         1. Include projects and project phases to be funded with
  539  state or federal funds within the time period of the
  540  transportation improvement program and which are recommended for
  541  advancement as a part of the department’s work program during
  542  the next fiscal year as defined in s. 339.135(1)(a) and 4
  543  subsequent fiscal years. The transportation improvement program
  544  shall include a project, or an identified phase of a project,
  545  only if full funding can reasonably be anticipated to be
  546  available for the project or the identified phase within the
  547  period contemplated for completion of the project or the
  548  identified phase. Such projects and project phases must be
  549  consistent, to the maximum extent feasible, with the approved
  550  local government comprehensive plans of the units of local
  551  government located within the jurisdiction of the M.P.O. For
  552  informational purposes, the transportation improvement program
  553  shall also include a list of projects to be funded from local or
  554  private revenues.
  555         2. Include projects within the metropolitan area which are
  556  proposed for funding under Title 23 or chapter 53 of Title 49 of
  557  the United States Code. Each project and project phase must be
  558  U.S.C. s. 134 of the Federal Transit Act and which are
  559  consistent with the long-range transportation plan developed
  560  under subsection (7).
  561         3. Provide a financial plan that demonstrates how the
  562  transportation improvement program can be implemented; indicates
  563  the resources, both public and private, that are reasonably
  564  expected to be available to accomplish the program; identifies
  565  any innovative financing techniques that may be used to fund
  566  needed projects and programs; and may include, for illustrative
  567  purposes, additional projects that would be included in the
  568  approved transportation improvement program if reasonable
  569  additional resources beyond those identified in the financial
  570  plan were available. Innovative financing techniques may include
  571  the assessment of tolls, the use of value capture financing, or
  572  the use of value pricing. In developing the transportation
  573  improvement program, the M.P.O., the department, and public
  574  transportation operators shall work cooperatively to develop
  575  estimates of funds reasonably expected to be available to
  576  support implementation of the transportation improvement
  577  program. The transportation improvement program shall may
  578  include a project or project phase only if full funding can
  579  reasonably be anticipated to be available for the project or
  580  project phase within the time period contemplated for completion
  581  of the project or project phase.
  582         4. Group projects and project phases of similar urgency and
  583  anticipated staging into appropriate staging periods.
  584         5. Indicate how the transportation improvement program
  585  relates to the long-range transportation plan developed under
  586  subsection (7), including providing examples of specific
  587  projects or project phases that further the goals and policies
  588  of the long-range transportation plan.
  589         6. Indicate whether any project or project phase is
  590  inconsistent with an approved comprehensive plan of a unit of
  591  local government located within the jurisdiction of the M.P.O.
  592  If a project is inconsistent with an affected comprehensive
  593  plan, the M.P.O. must provide justification for including the
  594  project in the transportation improvement program.
  595         7. Indicate how the improvements are consistent, to the
  596  maximum extent feasible, with affected seaport, airport, and
  597  spaceport master plans and with public transit development plans
  598  of the units of local government located within the jurisdiction
  599  of the M.P.O. If a project is located within the boundaries of
  600  more than one M.P.O., the M.P.O.’s must coordinate plans
  601  regarding the project in the transportation improvement program.
  602         8. Include descriptive material, including, but not limited
  603  to, type of work, termini, and length for the purpose of
  604  identifying the project or project phase and the estimated total
  605  project cost, which may extend beyond the duration of the
  606  transportation improvement program. The program shall also
  607  identify the agencies responsible for carrying out the project
  608  or project phase.
  609         9. Identify the amount of federal funds proposed to be
  610  obligated during each fiscal year of the project or project
  611  phase, including the category or likely category of federal
  612  funds and the source of any nonfederal funds to be used or
  613  likely to be used.
  614         (d) Projects included in the transportation improvement
  615  program and that have advanced to the design stage of
  616  preliminary engineering may be removed from or rescheduled in a
  617  subsequent transportation improvement program only by the joint
  618  action of the M.P.O. and the department. Except when recommended
  619  in writing by the district secretary for good cause, any project
  620  removed from or rescheduled in a subsequent transportation
  621  improvement program shall not be rescheduled by the M.P.O. in
  622  that subsequent program earlier than the 5th year of such
  623  program.
  624         (e) During the development of the transportation
  625  improvement program and any amendments thereto, the M.P.O.
  626  shall, in cooperation with the department and any affected
  627  public transit operation, provide citizens, affected public
  628  agencies, representatives of transportation agency employees,
  629  freight shippers, providers of freight transportation services,
  630  private providers of transportation, representatives of users of
  631  public transit, and other interested parties with reasonable
  632  notice of and an opportunity to comment on the proposed program,
  633  consistent with the public participation plan adopted pursuant
  634  to paragraph (6)(k). During development of the transportation
  635  improvement program and amendments to the program, the M.P.O.
  636  shall provide notice of the program and amendments thereto in an
  637  electronically accessible format on the Internet as described in
  638  the public participation plan.
  639         (f) The adopted annual transportation improvement program
  640  for M.P.O.’s in nonattainment or maintenance areas must be
  641  submitted to the district secretary and the Department of
  642  Community Affairs at least 90 days before the submission of the
  643  state transportation improvement program by the department to
  644  the appropriate federal agencies. The annual transportation
  645  improvement program for M.P.O.’s in attainment areas must be
  646  submitted to the district secretary and the Department of
  647  Community Affairs at least 45 days before the department submits
  648  the state transportation improvement program to the appropriate
  649  federal agencies; however, the department, the Department of
  650  Community Affairs, and a metropolitan planning organization may,
  651  in writing, agree to vary this submittal date. The Governor or
  652  the Governor’s designee shall review and approve each
  653  transportation improvement program and any amendments thereto.
  654         (g) The Department of Community Affairs shall review the
  655  annual transportation improvement program of each M.P.O. for
  656  consistency with the approved local government comprehensive
  657  plans of the units of local government whose boundaries are
  658  within the metropolitan area of each M.P.O. and shall identify
  659  those projects that are inconsistent with such comprehensive
  660  plans. The Department of Community Affairs shall notify an
  661  M.P.O. of any transportation projects contained in its
  662  transportation improvement program which are inconsistent with
  663  the approved local government comprehensive plans of the units
  664  of local government whose boundaries are within the metropolitan
  665  area of the M.P.O.
  666         (h) The M.P.O. shall continuously annually publish by
  667  electronically accessible means on the Internet and or otherwise
  668  make available for public review the annual listing of projects
  669  for which federal funds have been obligated in the preceding
  670  year. The M.P.O. shall also publish an annual listing of
  671  projects, including investments in pedestrian walkways and
  672  bicycle transportation facilities, for which federal funds have
  673  been obligated in the preceding year. The listing shall be
  674  consistent with the categories identified in the transportation
  675  improvement program. Project monitoring systems must be
  676  maintained by those agencies responsible for obligating federal
  677  funds and made accessible to the M.P.O.’s.
  678         (9) UNIFIED PLANNING WORK PROGRAM.—Each M.P.O. shall
  679  develop, in cooperation with the department and public
  680  transportation providers, a unified planning work program
  681  covering a 1-year or 2-year period which that lists major
  682  activities and all planning tasks, including activities
  683  addressing the planning factors described in paragraph (6)(b),
  684  to be undertaken during the program year. The unified planning
  685  work program must provide a complete description of each
  686  planning task, the parties performing the work, the resulting
  687  products, and an estimated budget therefor itemized by activity
  688  or task, and a summary of the total amounts and sources of
  689  federal or matching funds. The work program and must comply with
  690  applicable state and federal law.
  691         (10) AGREEMENTS.—
  692         (a) Each M.P.O. shall execute the following written
  693  agreements, which shall be reviewed, and updated as necessary,
  694  every 5 years:
  695         1. An agreement with the department clearly defining any
  696  mutual responsibilities and establishing the cooperative
  697  relationship essential to accomplish the transportation planning
  698  requirements of state and federal law.
  699         2. An agreement with the metropolitan and regional
  700  intergovernmental coordination and review agencies serving the
  701  metropolitan areas, specifying the means by which activities
  702  will be coordinated and how transportation planning and
  703  programming will be part of the comprehensive planned
  704  development of the area.
  705         3. An agreement with operators of public transportation
  706  systems, including transit systems, commuter rail systems,
  707  airports, seaports, and spaceports, defining any mutual
  708  responsibilities and describing the means by which activities
  709  will be coordinated and specifying how public transit, commuter
  710  rail, aviation, seaport, and aerospace planning and programming
  711  will be part of the comprehensive planned development of the
  712  metropolitan area.
  713  
  714  To the extent reasonably possible, an M.P.O. shall develop a
  715  single agreement between all responsible parties described in
  716  subparagraphs (a)1. and 3. Written agreements shall include
  717  provisions for cooperatively developing and sharing information
  718  related to the development of financial plans that support the
  719  long-range transportation plan and the transportation
  720  improvement program.
  721         Section 2. This act shall take effect July 1, 2010.

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