Rhode Island Code of Regulations
Title 670 - State Planning Council
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Standards of the State Planning Council (670-RICR-00-00-1)
Section 670-RICR-00-00-1.5 - Metropolitan Planning Organization: Transportation Planning

Universal Citation: 670 RI Code of Rules 00 00 1.5

Current through December 26, 2024

1.5.1 Purpose and Authority

A. The State Planning Council is designated as the Metropolitan Planning Organization ("MPO") for the State of Rhode Island by R.I. Gen. Laws § 42-11-10 entitled, "Statewide Planning Program". The role and responsibilities of the MPO are set forth in Public Law 114-94, Fixing America's Surface Transportation (FAST) Act, and the following regulations as found in the Code of Federal Regulations ("C.F.R."):
1. Federal Highway Administration regulation 23 C.F.R. § 450 entitled, "Highways - Planning Assistance and Standards", including Subpart B - "Statewide Transportation Planning and Programming" and Subpart C - "Metropolitan Planning and Programing"; and

2. Federal Transit Administration regulation 49 C.F.R. § 613 entitled, "Transportation - Planning Assistance and Standards", including Subpart A - "Metropolitan Planning and Programing" and Subpart B - "Statewide Transportation Planning and Programming".

3. Furthermore, §176(c) of the Federal Clean Air Act (42 U.S.C. § 7506) requires a determination of conformity of transportation plans, programs, and projects to the State Implementation Plan for air quality.

B. This rule is intended to set forth procedures:
1. by which the public will be involved in transportation planning in Rhode Island, through a proactive process that is based on the following principles:
a. opportunity for early and continuing public involvement;

b. identification of, and contact with, as many persons and organizations as possible who are thought to be interested;

c. outreach to persons traditionally underserved by transportation systems, such as low-income and minority households in order to identify and consider their needs;

d. inclusion of the general public by appropriate means, such as web postings; timely notice of meetings; and

e. provision of complete information by the Division of Planning, and adequate staff support, given available resources.

2. by which the State Planning Council will participate in an interagency consultation process with the Rhode Island Department of Environmental Management and the Rhode Island Department of Transportation, to make determinations of conformity of transportation plans, programs, and projects to the State Implementation Plan in order to assure, to the greatest extent possible, that such plans, programs, and projects eliminate or reduce the severity and number of violations of the national ambient air quality standards and facilitate achieving and maintaining such standards.

3. to supplement procedures set forth in 23 C.F.R. § 450 and 49 C.F.R. § 613, as applicable.

1.5.2 Applicability

A. This section applies to the following transportation activities and documents, to the extent that these are the responsibility of the State Planning Council or the Division of Planning:
1. The Unified Planning Work Program, which presents the transportation and transportation-related air quality planning priorities, tasks, schedules, and products anticipated to be undertaken by various agencies in the short-term.

2. The Long-Range Transportation Plan, which is the long-term vision of Rhode Island's transportation system. For purposes of Federal coordination, this plan shall serve as a combined statewide transportation plan and metropolitan transportation plan.

3. The Transportation Improvement Program, which is a multi-year implementation program. For purposes of Federal coordination, this program shall serve as a combined statewide transportation improvement program and metropolitan transportation improvement program.

4. Any transportation plan, program, or project developed pursuant to C.F.R. Titles 23 and 49.

1.5.3 Unified Planning Work Program

A. The State Planning Council shall adopt annually a Unified Planning Work Program ("UPWP"). The UPWP shall include an examination of transportation issues and needs and a coordinated summary of transportation planning tasks, schedules, and products that respond to these needs.

B. Preparation of the Unified Planning Work Program - The UPWP shall be formulated through a public process that shall be completed by July 1 of each year. This process shall include one or more public meetings at which public participation shall be encouraged. Information will be presented on topics required by, but not limited to, 23 C.F.R. § 450 et seq., which includes:
1. a review of planning assumptions and the plan development process;

2. transportation issues and processes;

3. public access to technical and policy information used in transportation planning;

4. methods for identifying and responding to the needs of those underserved by existing transportation systems; and

5. review of public involvement processes and results.

C. Inclusion of the Transportation Improvement Program - The UPWP shall include preparation, review, and approval of the Transportation Improvement Program ("TIP") as required by § 1.5.5 of this Part. This shall include:
1. identifying the specific actions needed to accomplish the requirements listed in this Rule;

2. identification of the responsible parties for each action; and

3. a schedule of the dates by which the identified actions must be accomplished.

4. The schedule must allow sufficient time for preparation, public review, State adoption, and Federal review and approval before the start of the Federal fiscal year on October 1. The Council shall send the schedule to all agencies involved.

1.5.4 Transportation Plan

A. The State Planning Council shall adopt and maintain a Long-Range Transportation Plan that may be adopted as, or serve as the basis for, an element or elements of the State Guide Plan. Contents of the plan shall include:
1. consideration of preservation of existing transportation facilities;

2. consistency with energy conservation programs;

3. the need to relieve and prevent congestion;

4. projected travel demand;

5. adopted congestion management strategies;

6. identification of pedestrian and bicycle facilities; and

7. all other items set forth in 23 C.F.R. §§ 450.214 and 450.322(f) and other governing Federal regulations.

B. Coordination and Outreach - In addition to the provisions set forth in § 1.2 of this Part entitled, "Adoption and Maintenance of the State Guide Plan", transportation plans and amendments shall be formulated through a public process by the Division of Planning and the Transportation Advisory Committee, as established by §1.1.7(D) of this Part. In addition to the Rhode Island Department of Environmental Management ("RIDEM"), the Rhode Island Department of Transportation ("RIDOT"), the Rhode Island Public Transit Agency ("RIPTA"), and the Rhode Island Commerce Corporation, who are represented on the TAC, outreach shall include:
1. other interested State agencies;

2. public and private transportation service or facility operators, including the Rhode Island Airport Corporation, the Rhode Island Turnpike and Bridge Authority, bus companies, paratransit providers, freight rail companies, waterborne transit operators, and others;

3. interested federal agencies, agencies and organizations in other states, and multi-state groups involved in transportation;

4. local officials, such as chief executives, planning directors, planning board members, public works directors, and public safety officials;

5. Joint Municipal Planning Commissions established under R.I. Gen. Laws Chapter 45-22.1, and Regional Councils of Local Governments established under R.I. Gen. Laws Chapter 45-43;

6. organizations interested in transportation, the environment, and the economy;

7. persons with disabilities limiting transportation access or use;

8. representatives of transportation and other affected agency employees; and

9. the general public, including anyone who requests to be involved.

C. Air Quality Conformity - Prior to the adoption of, or amendment to, any transportation plan, there shall first be a determination of conformity in accordance with the procedures described in § 1.5.7 of this Part.

D. Adoption - In addition to the provisions set forth in § 1.2 of this Part entitled, "Adoption and Maintenance of the State Guide Plan", adoption, amendment, and repeal of transportation plans shall comply with the requirements of 23 C.F.R. §§ 450.316(a) and 322(c), (e), (g), (i) and (j) which require a thirty (30) day public comment period, demonstration of response to public input, adoption by the MPO, and publication and distribution of the plan.

1.5.5 Transportation Improvement Program

A. The State Planning Council shall adopt and maintain a program to evaluate and schedule the implementation of transportation projects, which the State intends to complete using Federal funds. This program shall be known as the Transportation Improvement Program ("TIP").
1. Coordination and Outreach - The TIP shall be formulated through a public process by the Division of Planning and the Transportation Advisory Committee, established by §1.1.7(D) of this Part. The TIP shall be coordinated with RIDOT and RIPTA.

2. Solicitation of Project Proposals - Project proposals may be drawn from the transportation plan, the management systems plans of RIDOT and RIPTA, and other plans or studies as appropriate. In addition, the Division shall give a minimum thirty (30) day public notice on the website maintained by the Division of Planning, of the opportunity to submit project proposals for inclusion in the TIP. Project suggestions may be submitted by the general public.
a. Municipal Governments, Regional Councils, and Planning Agencies - The Division shall notify each city and town chief executive, with copies to local planning and public works directors, requesting project proposals. The notification shall include:
(1) information on the state transportation plan;

(2) information on the TIP;

(3) the status of past proposals and current projects;

(4) federal-aid program eligibility; and

(5) the process for including any new project in the TIP.

b. In addition to the chief executive, proposals may also originate from:
(1) planning boards and commissions,

(2) Joint Municipal Planning Commissions established under R.I. Gen. Laws Chapter 45-22.1,

(3) Regional Councils of Local Governments established under R.I. Gen. Laws Chapter 45-43, and

(4) municipal and regional committees.
(AA) Public Participation - Municipal governments are urged to involve the public in the preparation of their recommendations through advisory committees, public meetings, and other methods. After public notice in accordance with local procedures, city and town governments must hold a minimum of one (1) public hearing on projects that they intend to submit for the TIP.

(BB) Non-municipal organizations are urged to involve the public in their recommendations through direct interaction with member municipalities, advisory committees, and public meetings. Non-municipal submissions must include evidence that the chief elected official of the city or town in which the project is located was notified and that the proposal conforms to the local comprehensive plan.

(CC) Public and Private Transportation Service or Facility Operators - The Division shall contact RIDOT, RIPTA, the Rhode Island Airport Corporation, the Rhode Island Commerce Corporation, the Quonset Development Corporation, railroad companies, and private transit providers, and any other entity as deemed appropriate to request project proposals.

3. Submission Requirements - Project proposals shall be submitted to the Division of Planning on a form or forms designed by the Division. All proposals must be consistent with Federal transportation goals.
a. For each proposal, the proponent shall at a minimum:
(1) designate the priority within the city or town;

(2) describe the type of work needed;

(3) describe the environmental, social, and economic impacts expected, including whether the location is in or provides essential access to a state-designated enterprise zone;

(4) describe any intermodal connections;

(5) express the degree of local commitment, including any funding support or related projects; and

(6) affirm the project conforms to the applicable comprehensive plan(s).

b. A submission by a member of the general public must include evidence that:
(1) the chief elected official of the city or town in which it is located was notified, and

(2) that the proposal conforms to the local comprehensive plan.

c. Any application deemed to be deficient shall be returned to the applicant, together with a concise and explicit statement of the application's deficiencies.

4. TIP Standards and Documentation - The Division of Planning and the Transportation Advisory Committee shall produce a draft of the TIP for State Planning Council approval in accordance with the following standards.
a. Scope: A single, statewide, comprehensive TIP will be prepared that shall include:
(1) roads and bridges;

(2) public transit of all types;

(3) demonstrations;

(4) enhancements;

(5) bicycle and pedestrian facilities;

(6) marine transportation and ports;

(7) commuter and freight rail;

(8) programs for management systems;

(9) programs for air quality; and

(10) other projects and actions of statewide or broad sub-state concern, although not for utilizing federal funds.

b. Time Frame: The TIP shall, at a minimum, cover the time frame as established in the Code of Federal Regulations by the Federal Highway Administration and Federal Transit Administration (currently four years) and shall present a year-by-year program.

c. Description of Projects: Each project shall be briefly described and shall include:
(1) the intended nature or scope of work (unless environmental studies to determine this have not been completed);

(2) the location (route number or name, termini, city or town); and

(3) a description of intermodal features if applicable.

d. Project Costs: The estimated cost for each project, by year, shall be shown. In accordance with Federal regulations, the total costs of the highway and transit programs for each year must be within the funding amounts expected to be available (authorized for that year or carried over).

e. Consistency with the State Guide Plan: New construction, new service, and major improvement projects must appear in the Transportation Plan or in other relevant elements of the State Guide Plan. Smaller-scale projects must be consistent with the description of the appropriate category or type of activity in the plan. The TIP narrative shall show how projects or programs address the goals and policies of the Transportation Plan.

f. Funding Categories: The TIP shall include a description of the categories from which each project will be funded.

5. Procedures for Development of the TIP
a. Ranking - The Division and the Transportation Advisory Committee shall accept, review, and rank project proposals. The ranking shall consider the descriptions submitted by the applicant, giving weight to the factors specifically outlined in the selection criteria provided in the solicitation process. In addition, they shall request RIDOT to review highway, interstate, traffic safety, and bridge projects using objective engineering criteria, including safety considerations, level of service, and geometric and structural adequacy.

b. Air Quality Conformity - Prior to the adoption of the TIP, there shall first be a determination of conformity in accordance with the procedures described in § 1.5.7 of this Part.

c. Public Review - The Division and the Transportation Advisory Committee upon their completion of a draft project list and accompanying text, shall initiate a thirty (30) day public review and written comment period that includes at least one public hearing in accordance with § 1.1.10 of this Part, entitled Public Hearings. Additionally, at least thirty (30) days in advance of the close of the public comment period, the Division shall send notice of the opportunity to comment to:
(1) the Departments of Environmental Management, Transportation, Health, the Rhode Island Commerce Corporation, and other interested State agencies;

(2) public and private transportation service or facility operators, including the Rhode Island Public Transit Agency, the Rhode Island Airport Corporation, the Rhode Island Turnpike and Bridge Authority, bus companies, paratransit providers, freight rail companies, waterborne transit operators, and others;

(3) interested federal agencies, agencies and organizations in other states such as the Southeastern Regional Planning and Economic Development District and the Central Massachusetts Regional Planning Commission, and multi-state groups involved in transportation;

(4) local officials, such as chief executives, planning directors, planning board chairs, public works directors, and public safety officials;

(5) Joint Municipal Planning Commissions established under R.I. Gen. Laws Chapter 45-22.1, and Regional Councils of Local Governments established under R.I. Gen. Laws Chapter 45-43;

(6) organizations interested in transportation, the environment, and the economy;

(7) media outlets; and

(8) any persons on a mailing list for public hearing notices maintained by the Division of Planning.

6. Final Draft - The Division and Transportation Advisory Committee shall prepare and present to the Council a revised draft TIP along with a summary, analysis, report on the proposed disposition of comments received, and a recommendation of how to proceed.

7. Approval of the TIP
a. State Planning Council - The Council shall adopt the TIP in accordance with 23 C.F.R. § 450.218, which requires certain legal certifications as part of the submittal to Federal agencies.

b. Approval by the Governor - Following approval by the Council, the TIP or amendment thereto, shall be forwarded to the Governor for submission to Federal agencies, as appropriate.

8. Amendments to the TIP
a. Proposals to add, delete, or modify strategies, actions, or projects that would involve a substantial functional, locational, and/or capacity change must be made through amendment of a TIP. The Council shall execute and maintain a Memorandum of Understanding (MOU) with the Rhode Island Department of Transportation and the Rhode Island Public Transit Authority classifying the scope of proposed TIP amendments and procedures to be followed.
(1) Scope - The Memorandum of Understanding shall include a classification of amendments as major, minor, or administrative adjustments. In addition, the MOU shall describe those types of changes that will require no action.

(2) Procedures - The TIP may be amended at any time through procedures that are consistent with this Rule and adapted to meet the need for full consideration and public involvement. The procedures shall be consistent with the type and character of the amendment as set forth in the MOU. In addition:
(AA) The party seeking an amendment shall be responsible for preparing a notice consistent with the notice publication requirements, which shall be described in the MOU. The notice shall be mailed to the Division's transportation mailing list.

(BB) Fiscal constraint must be maintained in the TIP.

(3) Air Quality Conformity - Prior to the adoption of an amendment to the TIP, there shall first be a determination of conformity in accordance with the procedures described in § 1.5.7 of this Part.

1.5.6 Functional Classification of the Highway System

Highway functional classification is used in developing long-range transportation plans and in determining federal-aid funding categories. This information is also used to determine highway jurisdiction and management responsibility for roads based on their functional classification. The Transportation Advisory Committee shall review and approve the functional classification of highways in the State of Rhode Island that is consistent with the long-range transportation plan and other elements of the State Guide Plan. Notice of such changes shall be provided to the Council. The Division of Planning, in consultation with the Rhode Island Department of Transportation and local governments, may propose to revise the classification of highways or segments of highways as changing conditions warrant.

1.5.7 State Implementation Plan for Air Quality Conformity Determinations

Prior to the adoption of, or amendment to, any transportation plan or the TIP, the Air Quality Working Group, as established by the Department of Environmental Management's Air Pollution Control Regulation Number 49 entitled, "Transportation Conformity", shall convene to conduct an interagency consultation in accordance with the provisions of that Regulation. The Air Quality Working Group is comprised of RIDEM, the MPO, RIDOT, RIPTA, the U.S. Environmental Protection Agency, the Federal Highway Administration, and the Federal Transit Administration. All other activities or actions not covered in these Rules that may require an air quality conformance determination shall follow the procedures set forth in the Rhode Island Department of Environmental Management's "Air Pollution Control Regulation Number 49 - 'Transportation Conformity'".

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.