43 Tex. Admin. Code § 15.73

Current through Reg. 49, No. 49; December 6, 2024

Section 15.73 - Preliminary Studies

Prior to submitting an application to the department for the approval of a project, an applicant shall conduct a study of the design, financial feasibility, and social and environmental impact of the project, including the effect of any competing applications.

(1) Design. The applicant shall provide a preliminary design geometric layout certified by a registered professional engineer to be in accordance with standards and criteria from appropriate design manuals applicable at the date of application. The layout must identify:

(A) horizontal and vertical alignments and cross-slope data of the proposed structure showing overall structure length, width, spans, span length, and type of construction, along with dimensions, where applicable, of:

(i) lane width;

(ii) curb width;

(iii) sidewalks;

(iv) shoulder width;

(v) calculated minimum vertical clearance over other roadways and waterways; and

(vi) toll booths and miscellaneous appurtenances;

(B) geometric termini locations along with inspection stations and queue lanes where applicable;

(C) the location and preliminary layout of approach roadways and intersections on both sides of the border with changes necessitated by the project to existing facilities on both sides of the border; and

(D) the location and layout of any other accommodation of buildings or appurtenances deemed necessary by the applicant and any law or regulation governing the operation and maintenance of port of entry operations.

(2) Financial feasibility study. An applicant shall conduct a feasibility study to determine the financial viability of the project. The study shall include the following information.

(A) A financial overview of the project, which shall include:

(i) summary cost estimates for the planning, design, construction, operation, and maintenance of the project; and

(ii) a statement of all financing requirements for the project and sources of all financing.

(B) A project construction schedule identifying the timing, amount, and source of all cash required to pay for all construction costs.

(C) An analysis of the expected financing period of the project, such period to be the greater of 10 years or the time taken to fully pay any and all liabilities incurred for the planning, design, construction, operation, and maintenance of the project plus the time taken to fully pay any and all liability refunding, renegotiations, conversions, and extensions.

(i) An applicant that issues or contemplates issuing any form of liability with a term longer than one year within three years of the date of application shall consider a portion of that liability as incurred for the planning, design, construction, operation, and maintenance of the project unless the applicant demonstrates otherwise to the satisfaction of the commission in the financial feasibility study. A liability not less than the cost of construction and not more than the costs of planning, design, and construction shall be considered in the financial feasibility study as if it had been incurred directly for the project.

(ii) The term of any liability amount determined in clause (i) of this subparagraph shall be the longest term of any liabilities issued or contemplated by the applicant within three years of the application date plus the time taken to fully pay any and all liability refundings, renegotiations, conversions, and extensions.

(D) A detailed analysis of costs over the expected financing period of the project, which shall include:

(i) costs of operations by reasonable expense categories for each year; and

(ii) costs of maintenance for each year, such costs identifying each major system, structure, and component of the project that is subject to wear or deterioration, and the analysis of such costs stating both the cost and the expected frequency of inspection, repair, renewal, rehabilitation, and/or replacement required to keep the project in like-new condition.

(E) A pro forma analysis based on cash basis accounting for each year of planning, design, construction, and the expected financing period of the project showing:

(i) anticipated cash receipts, sources of cash receipts, and rates charged to achieve those cash receipts;

(ii) anticipated cash disbursements;

(iii) anticipated cash balances;

(iv) cash used to meet the requirements of any bond sinking fund and loan or liability amortization payment.

(F) A description of the methods used in preparing the financial feasibility study, the assumptions contained in the study, and persons and entities responsible for the preparation of the study.

(G) An analysis of the need for the project and potential impact on traffic congestion and mobility, and:

(i) average annual daily traffic (AADT) in the study area for major arterials and controlled access roadways for both sides of the border for five years preceding the date of the application;

(ii) data from any existing international bridge or other international crossing in the study area indicating AADT for the five preceding years;

(iii) data from any existing international bridge or other international crossing in the study area indicating average delay time for traffic seeking to use any international bridge or other international crossing for the five preceding years;

(iv) projected AADT for the proposed bridge and other crossings in the study area 20 years after completion (projections shall be based on the current department travel demand model, and the process used to make the projections shall be clearly identified and submitted with the data);

(v) a comparison of the project with other similar projects already in operation; and

(vi) a projection of changes in the free flow of trade caused by the project.

(3) Social and environmental impact. An applicant shall conduct a study of the social and environmental impact of the project and shall provide for public involvement and notice to local officials.

(A) Environmental documentation. An applicant shall comply with the requirements in Chapter 2 of this title (relating to Environmental Policy) and shall obtain the environmental approvals required for the project prior to submittal of the application. The applicant shall coordinate concurrently with the U.S. Department of State and the department regarding the form and content of an environmental document prepared under Subchapters A and C of Chapter 2 of this title.

(B) Public involvement. An applicant shall comply with the public involvement requirements in Chapter 2 of this title that apply to paragraph (3)(A) of this section. Notices of public meetings and public hearings must include:

(i) a statement that the applicant intends to submit an international bridge application to the commission;

(ii) a description of the proposed bridge, including a description of the design and adjacent facilities and identification of the area to be served; and

(iii) instructions that competing bridge applicants may submit information pertaining to the design, financial feasibility, and social and environmental impact of a competing project to the applicant no later than 60 days after the date of the notice.

(C) Notice to local officials. The applicant shall send a copy of the notice described in paragraph (3)(B) of this section by first class mail to the county judge of each county within 150 miles of the location of the project and the mayor of each municipality within 50 miles of the location of the project.

(4) Analysis of competing applications. An applicant shall address the impact of competing projects (if any) and demonstrate how its submittal is superior to that of any competing bridge applicant.

(A) The applicant's preliminary study analysis shall be performed depicting any competing projects. The applicant shall perform an analysis demonstrating the applicant's project as a stand-alone project and, if there is a competing project, an analysis showing both the applicant's project and any competing projects. The analysis reflecting the competing projects must demonstrate how design, traffic, financial, social, and environmental impacts are affected by the competing projects and shall include the rationale for how one project is superior based on these impacts, for example, cost benefits, project viability, better design, and less adverse social and environmental impacts.

(B) The applicant will not be required to include an analysis of the competing project unless the competing bridge applicant provides the information described in paragraph (3)(B)(iii) of this section by the deadline specified in that paragraph.

43 Tex. Admin. Code § 15.73

The provisions of this §15.73 adopted to be effective December 26, 1995, 20 TexReg 10622; amended to be effective February 20, 2003, 28 TexReg 1521; amended to be effective September 14, 2006, 31 TexReg 7575