HB 1275

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

CODING: Words stricken are deletions; words underlined are additions.