Merrimack Valley Metropolitan Planning

Organization

Federal Fiscal Years 2022 to 2026

Transportation Improvement Program

Draft Report

April 2021

Prepared by the Merrimack Valley Planning Commission

This document was prepared in cooperation with the Massachusetts Department of Transportation and the U.S. Department of Transportation. (under Contract # 112304 with MassDOT) The views and opinions of the Merrimack Valley Planning Commission expressed herein do not necessarily state or reflect those of the Massachusetts Department of
Transportation or the U.S. Department of Transportation.
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Table of Contents

Title VI Notice to Beneficiaries .................................................................................................1
Endorsement Page for Federal TIP - Signatures .....................................................................5
Certification of the Merrimack Valley MPO Transportation Planning Process ..........................7
310 CMR 60.05: Global Warming Solutions Act – Signatures .................................................9
Part A. Introduction ....................................................................................................11
Part A. 1. TIP Development Process..........................................................................11
Part A. 2. Performance Measures ..............................................................................15
Part A. 3. Prioritization ...............................................................................................48
Part A. 4. Public Participation .....................................................................................61
Public Participation Plan Stakeholder List ...................................................................62
Part A. 5. Amendment/ Adjustment Procedures .........................................................68
Part A. 6. High Priority Projects ..................................................................................70
Part A. 7. Advance Construction ................................................................................72
Part A. 8. Transportation Funding Programs..............................................................73
Highway Projects .......................................................................................73
Transit Projects..........................................................................................75
Organization of Project Listings – Highway Projects..................................77
Part B. Project Listings ...............................................................................................81
Highway Projects .......................................................................................81
Transit Projects..........................................................................................87
Summary of Highway Project Listings by Town .........................................95
Part C. Federal Requirements .................................................................................103
Part C.1. Highway Program Financial Plan ..............................................................104
Highway Program Financial Plan Table ..................................................107
Summary of Highway Funding Categories ..............................................108
Part C. 2. Transit Program Financial Plan ................................................................113
Transit Program Financial Plan Table .....................................................114
Summary of Transit Funding Categories.................................................115
MVRTA Transit Operations and Maintenance Summary Table ..............120
Part C. 3. Status on Implementation of FFY 2021 TIP Projects ..............................123
FFY 2021 Highway Project List ...............................................................123
FFY 2021 Transit Project List..................................................................124
Part C. 4. Air Quality Conformity .............................................................................128
Part C. 5. Special Efforts - ADA ..............................................................................134
Part C. 6. Title VI Notice to Beneficiaries ................................................................134
Part C. 7. Environmental Justice .............................................................................137
Part C. 8. Equity Analysis........................................................................................138
Appendix ..............................................................................................................................157
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Title VI Notice to Beneficiaries

The Merrimack Valley Planning Commission (MVPC) operates its programs, services and activities in compliance with federal nondiscrimination laws including Title VI of the Civil Rights Act of 1964 (Title VI), the Civil Rights Restoration Act of 1987, and related statutes and regulations. Title VI prohibits discrimination in federally assisted programs and requires that no person in the United States of America shall, on the grounds of race, color or national origin (including limited English proficiency) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance. Related federal nondiscrimination laws administrated by the Federal Highway Administration, the Federal Transit Administration, or both, prohibit discrimination on the basis of age, sex and disability. These protected categories are contemplated within MVPC’s Title VI Program consistent with federal interpretation and administration. Additionally, MVPC provides meaningful access to its programs, services, and activities to individuals with limited English proficiency, in compliance with U.S. Department of Transportation policy and guidance on federal Executive Order 13166.
MVPC also complies with the Massachusetts Public Accommodation Law, M.G.L. Chapter
272, Sections 92a, 98, and 98a prohibiting making any distinction, discrimination, or restriction in admission to or treatment in a place of public accommodation based upon race, color, religious creed, national origin, sex, sexual orientation, disability, or ancestry. Likewise, MVPC complies with the Governor’s Executive Order 526, Section 4 requiring that all of its programs, activities, and services provided, performed, licensed, chartered, funded, regulated, or contracted for shall be conducted without unlawful discrimination based upon race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability,

veteran’s status (including Vietnam-era veterans), or background.

Draft FFYs 2022-2026 MVMPO TIP April 2021 1

Additional Information

To request additional information regarding Title VI and related federal and state nondiscrimination obligations, please contact:
Title VI Program Coordinator
Merrimack Valley Metropolitan Planning Organization c/o Merrimack Valley Planning Commission
160 Main Street
Haverhill, MA 01830-5061 (978) 374-0519, extension 15 [email protected]

Complaint Filing

To file a complaint alleging a violation of Title VI or related federal nondiscrimination law, contact the Title VI Program Coordinator (above) within one hundred and eighty (180) days of the alleged discriminatory conduct.
To file a complaint alleging a violation of the Commonwealth’s Public Accommodation Law,
contact the Massachusetts Commission Against Discrimination within three hundred (300)
days of the alleged discriminatory conduct at:
Massachusetts Commission Against Discrimination (MCAD) One Ashburton Place, 6th Floor
Boston, MA 02109 (617) 994-6000
TTY: (617) 994-6196

Translation

English

If this information is needed in another language, please contact the MVMPO Title
VI/Nondiscrimination Coordinator at 978-374-0519 ext. 15.

Spanish

Si necesita esta información en otro idioma, por favor contacte al coordinador de MVMPO
del Título VI/Contra la Discriminación al 978-374-0519 ext. 15.

Portuguese

Caso estas informações sejam necessárias em outro idioma, por favor, contate o
Coordenador de Título VI e de Não Discriminação da MVMPO pelo telefone 978-374-
0519, Ramal 15.
Draft FFYs 2022-2026 MVMPO TIP April 2021 2

Chinese Simple

如果需要使用其它语言了解信息，请联系Merrimack Valley大都会规划组织（MVMPO）《 民权法案》第六章协调员，电话978-374-0519，转15。

Chinese Traditional

如果需要使用其他語言瞭解資訊，請聯繫Merrimack Valley大都會規劃組織（MVMPO）《 民權法案》第六章協調員，電話978-374-0519，轉15。

Vietnamese

Nếu quý vị cần thông tin này bằng tiếng khác, vui lòng liên hệ Điều phối viên Luật VI/Chống phân biệt đối xử của MVMPO theo số điện thoại 978-374-0519, số máy nhánh 15.

French Creole

Si yon moun vle genyen enfòmasyon sa yo nan yon lòt lang, tanpri kontakte Kowòdinatè kont Diskriminasyon/MVMPO Title VI la nan nimewo 978-374-0519, ekstansyon 15.

Russian

Если Вам необходима данная информация на любом другом языке, пожалуйста, свяжитесь с Координатором Титула VI/Защита от дескриминации в MVMPO по тел: 978-374-0519, добавочный 15.

French

Si vous avez besoin d'obtenir une copie de la présente dans une autre langue, veuillez contacter le coordinateur du Titre VI/anti-discrimination de MVMPO en composant le 978-
374-0519, poste 15.

Italian

Se ha bisogno di ricevere queste informazioni in un’altra lingua si prega di contattare il
coordinatore del MVMPO del Titolo VI e dell'ufficio contro la discriminazione al 978-374-
0519 interno 15.

Mon-Khmer, Cambodian

ប្រសិនបរើបោក-អ្ន កប្រូវការរកប្ប្រព័រ៌មានបនេះ
សូ មទាក់ទងអ្ន កសប្មរសប្មួលជំពូ កទី6/គ្មា នការប រសើ
978-374-0519 រចភ្ជា រ់បៅបលខ 15។
បអ្ើងររស់ MVMPO តាមរយៈបលខទូរស័ពទ

Arabic

ﻁﻱﻁﺥﺕﻝﺍﺓ ﻡﻅﻥﻡﻝﻉﺏﺍﺕﻝﺍﻱﺯﻡﺕﻝﺍﻉﻥﻡﻝ ﺓﺱﺩﺱﺍ

ﻝﺓﺍﺭﻕﻑﻝﺍﻕﺱﻥﻡﺏﻝﺍﺹﺕلاﺍ ﻯﺝﺭُﻱ،ﻯﺭﺥﺃ ﺓ ﻍﻝﺏﺕﺍﻡﻭﻝﻉﻡﻝﺍ ﻩﺫﻩ ﻯﻝﺇ ﺓ ﺝﺍﺡﺏﺕﻥﻙﺍﺫﺇ

.15 ﻡﺍﻕﺭلأﺍ ﻁﻍﺽﺍ ﻡﺙﻭ 978-374-0519 :ﻑﺕﺍﻩ ﻝﺍﻯﻝﻉ ﻱﻝﺍﻑﻙﺍﻡ ﻱﺭﻱﻡ ﻱﻑﻱﺭﺽﺡﻝﺍ

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Endorsement Page for Federal TIP - Signatures

Merrimack Valley Metropolitan Planning Organization Endorsement of the

FFYs 2022-2026 Transportation Improvement Program

Whereas, the Merrimack Valley MPO has completed its review in accordance with Section
176(c) (4) of the Clean Air Act as amended in 1990 [42 U.S.C. 7251 (a)], and hereby certifies that the FFYs 2022-2026 TIP is financially constrained and that the
implementation of the Merrimack Valley Metropolitan Planning Organization 2020 Regional
Transportation Plan satisfies the conformity criteria specified in both 40 CFR Part 51 and
93 (8/15/1997) and 310 CMR 60.03 (12/30/1994).
Therefore, in accordance with 23 CFR Part 450 Section 322 (Development and content of the Metropolitan Transportation Plan) of the March 16, 2007 Final Rules for Statewide and Metropolitan Planning, the MPO hereby endorses the FFYs 2022-2026 Transportation Improvement Program.

Signatory Certification: Date: May xx, 2021

Anthony Komornick
Acting MVPC Director
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Certification of the Merrimack Valley MPO Transportation Planning Pro- cess

The Merrimack Valley Region Metropolitan Planning Organization certifies that its conduct of the metropolitan transportation planning process complies with all applicable requirements, which are listed below, and that this process includes activities to support
the development and implementation of the Regional Long-Range Transportation Plan and Air Quality Conformity Determination, the Transportation Improvement Program and Air Quality Conformity Determination and the Unified Planning Work Program.
1. 23 U.S.C. 134, 49 U.S.C. 5303, and this subpart.
2. Sections 174 and 176 (c) and (d) of the Clean Air Act, as amended (42 U.S.C. 7504,
7506 (c) and (d)) and 40 CFR part 93.
3. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-1) and 49 CFR Part 21.
4. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity.
5. Section 1101(b) of the FAST Act (Pub. L. 114-94) and 49 CFR Part 26 regarding the involvement of disadvantaged business enterprises in U. S. DOT funded projects.
6. 23 CFR 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid Highway construction contracts.
7. The provisions of the American with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
and 49 CFR Parts 27, 37, and 38.
8. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance.
9. Section 324 of Title 23 U.S.C. regarding the prohibition of discrimination based on
gender.
10. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 regarding discrimination against individuals with disabilities.
11. Anti-lobbying restrictions found in 49 USC Part 20. No appropriated funds may be
expended by a recipient to influence or attempt to influence an officer or employee of any agency, or a Member of Congress, in connection with the awarding of any Federal contract.

Signatory Certification: Date: May xx, 2021

Jamey L. Tesler Joseph Costanzo James Fiorentini
Acting Secretary/ Administrator/CEO Mayor of Haverhill
CEO MassDOT MVRTA

_ Jonathan L. Gulliver Paul Materazzo Kendrys Vasquez MassDOT Highway Town of Andover Mayor of Lawrence

Division Administrator



John Cashell Neil Harrington Robert Snow
Town of Georgetown Town of Salisbury Town of Rowley

Anthony Komornick
Acting MVPC Director
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310 CMR 60.05: Global Warming Solutions Act – Signatures

310 CMR 60.05: Global Warming Solutions Act Requirements for the Transportation

Sector and the Massachusetts Department of Transportation

This will certify that the FFYs 2022-2026 Transportation Improvement Program for the Merrimack Valley Metropolitan Planning Organization is in compliance with all applicable requirements in the State Regulation 310 CMR 60.05: Global Warming Solutions Act Requirements for the Transportation Sector and the Massachusetts Department of Transportation. The regulation requires the Metropolitan Planning Organizations (MPOs) to:

1. 310 CMR 60.05, 5(a)(1): Evaluate and report the aggregate transportation GHG emissions and impacts of RTPs and TIPs;
2. 310 CMR 60.05, 5(a)(2): In consultation with MassDOT, develop and utilize procedures to prioritize and select projects in RTPs and TIPs based on factors that include aggregate transportation GHG emissions impacts;
3. 310 CMR 60.05, 5(a)(3): Quantify net transportation GHG emissions impacts resulting from the projects in RTPs and TIPs and certify in a statement included with RTPs and TIPs pur- suant to 23 CFR Part 450 that the MPO has made efforts to minimize aggregate transporta- tion GHG emissions impacts;
4. 310 CMR 60.05, 5(a)(4): Determine in consultation with the RPA that the appropriate plan- ning assumptions used for transportation GHG emissions modeling are consistent with local land use policies, or that local authorities have made documented and credible commit- ments to establishing such consistency;
5. 310 CMR 60.05, 8(a)(2)(a): Develop RTPs and TIPs;
6. 310 CMR 60.05, 8(a)(2)(b): Ensure that RPAs are using appropriate planning assumptions;
7. 310 CMR 60.05, 8(a)(2)(c): Perform regional aggregate transportation GHG emissions of

RTPs and TIPs;

8. 310 CMR 60.05, 8(a)(2)(d): Calculate aggregate transportation GHG emissions for RTPs and TIPs
9. 310 CMR 60.05, 8(a)(2)(e): Develop public consultation procedures for aggregate transpor- tation GHG reporting and related GWSA requirements consistent with current and approved regional public participation plans;
10. 310 CMR 60.05, 8(c): Prior to making final endorsements on the RTPs, TIPs, STIPs, and projects included in these plans, MassDOT and the MPOs shall include the aggregate transportation GHG emission impact assessment in RTPs, TIPs and STIPs and provide an opportunity for public review and comment on the RTPs, TIPs and STIPs.
11. 310 CMR 60.05, 8(a)(1)(c): After a final GHG assessment has been made by MassDOT and the MPOs, MassDOT and the MPOs shall submit MPO-endorsed RTPs, TIPs or pro- jects within 30 days of endorsement to the Department for review of the GHG assessment.

Signatory Certification: Date: May xx, 2021

Jamey L. Tesler Joseph Costanzo James Fiorentini Acting Secretary/ Administrator/CEO Mayor of Haverhill CEO MassDOT MVRTA Advisory Board

Jonathan L. Gulliver Paul Materazzo Kendrys Vasquez

MassDOT Highway Town of Andover Mayor of Lawrence

Division Administrator

John Cashell Neil Harrington Robert Snow Anthony Komornick

Town of Georgetown Town of Salisbury Town of Rowley Acting MVPC Director

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Merrimack Valley Metropolitan Planning Organization FFYs 2022-2026 Transportation Improvement Program Draft Report prepared April 2021

Part A. Introduction

Part A. 1. TIP Development Process

Federal transportation authorization legislation establishes funding categories for transportation projects that may be eligible for Federal funding and sets maximum funding levels per category for each year of the legislation. Projects in this TIP are planned to be primarily funded through the federal transportation act titled “Fixing America’s Surface Transportation Act (FAST Act)” that was signed into law December 4, 2015. The FAST Act funds $305 billion dollars for transportation for Federal Fiscal Years (FFYs) 2016 through
2020. This funding has been extended through September 30, 2021 by a continuing resolution that extends current surface transportation funding reauthorization.
The previous legislation “Moving Ahead for Progress in the 21st Century (MAP-21)” established planning factors known as the “MAP-21 eight planning factors”. The FAST Act adds two new planning factors (I and J in the list that follows), the FAST Act stipulates that the metropolitan planning process...
“provide for consideration of projects and strategies that will-

A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity and efficiency;

B) increase the safety of the transportation system for motorized and non-motorized users;

C) increase the security of the transportation system for motorized and non-motorized users;

D) increase the accessibility and mobility of people and for freight; E) protect and enhance the environment, promote energy
conservation, improve quality of life, and promote consistency
between transportation improvements and State and local planned growth and economic development patterns;
F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
G) promote efficient system management and operation;
H) emphasize the preservation of the existing transportation system;
Draft FFYs 2022-2026 MVMPO TIP April 2021 11
I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and
J) enhance travel and tourism.”
It is the responsibility of the Federal mandated, State designated, regional Metropolitan Planning Organizations (MPOs) to carry out the Federal transportation planning process in their respective urbanized areas and prepare many Federal transportation documents, including the Transportation Improvement Program (TIP). This process, and the MPOs themselves, were established with the intention to include local and regional input into the Federal transportation planning process.
Based on Federal regulations any transportation project funded through the Federal Highway Administration (FHWA), or the Federal Transit Administration (FTA) must be listed in the appropriate region's Transportation Improvement Program (TIP). MassDOT combines the 13 regional MPO TIPs with statewide projects to produce the Statewide TIP (STIP) from which Federal-aid highway and transit projects are chosen. Without such a listing, Federal Highway funds cannot be expended by the Massachusetts Department of Transportation (MassDOT) on local or State projects. Similarly, the Merrimack Valley Regional Transit Authority (MVRTA) can only receive federal funds for projects listed in the TIP and STIP.

Merrimack Valley Metropolitan Planning Organization (MVMPO)

The MVMPO was first created by the Governor of Massachusetts in 1972. The MVMPO covers the same 15-community geographic area that defines the MVPC region and the MVRTA
service area. The current MVMPO membership is as follows:

• Acting Secretary of MassDOT –Jamey L. Tesler

• MassDOT Highway Division Administrator –Jonathan L. Gulliver

• Merrimack Valley Planning Commission (MVPC) Acting Director–Anthony Komornick

• Administrator/CEO Merrimack Valley Regional Transit Authority –Joseph Costanzo

• Mayor of Haverhill –James Fiorentini

• Mayor of Lawrence –Kendrys Vasquez

• Representing Region 1 (Amesbury, Newburyport, Salisbury) –Neil Harrington

• Representing Region 2 (Newbury, Rowley, West Newbury) –Robert Snow

• Representing Region 3 (Boxford, Georgetown, Groveland, Merrimac) –John Cashell

• Representing Region 4 (Andover, Methuen, North Andover) –Paul Materazzo

Ex officio, non-voting members of the MVMPO include:
Draft FFYs 2022-2026 MVMPO TIP April 2021 12

• Federal Highway Administration –Massachusetts Division –Jeff McEwen

• Federal Transit Administration – Region I – Peter Butler

• Rockingham Planning Commission MPO (NH), Chairman RPC – Richard McDermott

• Boston MPO, President MAPC –Erin Wortman

• Northern Middlesex MPO, Chairman NMCOG –Andrew Deslaurier

• Nashua MPO (NH), Chairman NRPC –Susan Ruch

The TIP has been prepared in accordance with 23 CFR 450.326.
The development of the TIP starts with the Regional Transportation Plan (RTP). The MVMPO’s RTP is a twenty-year plan for transportation projects that can be programmed for implementation with Federal funds. The RTP is fiscally constrained and lists potential future projects in five-year blocks. Projects were chosen for the RTP based on MAP-21 transportation planning factors, meeting performance measure targets, existing roadway conditions,
problems identified through ongoing pavement, congestion, and safety analyses conducted by the MVMPO, local and state project priorities and fiscal factors. Each year, the MVMPO programs projects from the RTP that are ‘ready-to-go’ into its five-year Transportation Improvement Program (TIP). Only those projects that are specifically identified in the RTP, or are consistent with its recommendations, can be programmed in the TIP. The planning tasks conducted in developing the RTP and the TIP are included in the region’s Unified Planning Work Program (UPWP) which is produced for public review annually. The UPWP includes additional transportation planning activities such as intersection and roadway analyses and studies.
Only projects from the RTP first two time bands of years (i.e., 2020 to 2024 and 2025 to 2029) are programmed in the TIP. An inconsistency with spending shown in the RTP is that when the MVMPO’s FFY 2020 RTP was developed, it was assumed the construction of North Avenue in Haverhill would occur in the FFYs 2020 to 2024 time-band. The estimated project cost for this project and for the North Andover Route 114 project have increased significantly to the point where programming both of these projects in the 2022 to 2026 TIP is not financially feasible. Neither project would be ready to advertise until 2024 or later. The Route 114 project has a TEC score of 12.12, the Haverhill North Avenue project has a TEC score of 8.58. In addition, the North Andover Route 114 project is further along in the design process, therefore the North Andover Route 114 project is programmed to start in FFY 2024 and then consumes all the re- gional target funding in FFYs 2025 and 2026 and will also need all of the FFY 2027 funding be- fore funding may be available for Haverhill North Avenue. Also two sections of the Border-to- Boston Rail Trail, Georgetown-Boxford from Georgetown Road to West Main Street and Georgetown-Newbury Northern Georgetown to Byfield, were slated for 2020 to 2024, are pro-
grammed for Statewide funding in 2025.
Draft FFYs 2022-2026 MVMPO TIP April 2021 13
Projects that appear in the TIP were initiated and selected from a number of sources. Bridge projects have been selected and developed by MassDOT's Bridge section largely based upon the results of their ongoing bridge maintenance program. MassDOT has made it a priority to develop projects that would correct problems in “Structurally Deficient” (SD) bridges. The region’s Congestion Management Process is used to identify intersections and roadways where significant congestion exists and measures the levels of congestion at these locations. This information has been used by local communities to develop roadway projects that are programmed in the TIP. Similarly, locations identified as having safety problems in the region’s Safety Monitoring System or identified as a "crash cluster" by MassDOT, are used by the Department and local communities to develop TIP projects. Projects that help meet Performance Measures targets are programmed in the TIP.
Bicycle and pedestrian paths and accomodations on roadways and bridges are part of the Massachusetts 2019 Statewide Pedestrian Transportation Plan and 2019 Statewide Bicycle Transportation Plan which strive to consider pedestrians and bicyclists at “the same level of importance as drivers in planning, design and maintenance” including incorporating the safety of these users in projects. These Plans also conduct analyses which locate areas with Potential for Everyday Biking, Gaps in the High Comfort Bikeway Network, Potential for Walkable Trips, Transit Route, and High Pedestrian and Bicycle Crash locations used to initiate projects as well as score projects for the Massachusetts Capital Investment Plan (CIP).
All TIP projects are part of the (CIP) which has a category of Expansion Projects which include projects that “expand bicycle and pedestrian networks to provide more transportation options and address health and sustainability objectives”. Many bicycle and pedestrian projects are initiated by a municipality because the State provides funding for these projects in the
Complete Streets, Shared Use Path, and the Safe Route to Schools Programs.
Draft FFYs 2022-2026 MVMPO TIP April 2021 14

Part A. 2. Performance Measures

Federal legislation requires states to develop a Transportation Asset Management Plan (TAMP) that includes Performance Measures for NHS roadways and bridges as part of the as- set management process. MassDOT Highway Division submitted an initial TAMP to FHWA on April 30, 2018, the TAMP was finalized in September of 2019.

The Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America's Surface Transportation Act (FAST) require State DOTs and MPOs to establish performance measures, and targets for these measures, to be used in assessing the transportation system and programming projects for Federal funding categories provided in the Acts. The Final Rules establishing these measures have been released in three separate rule makings. PM1: "HSIP and Safety Performance Management Measures", PM2: "Pavement and Bridge Condition Performance Measures", and PM3: "System Performance/ Freight/ CMAQ Performance Measures". These Rules define the measures to be used in each of the categories.

The PM1 HSIP and Safety Performance Measures apply to all public roads. The PM2 Pave- ment and Bridge Performance Measures apply only to NHS (National Highway System) roads and bridges. PM3 Performance Measures apply to various facilities as defined below.

MassDOT has established targets based on these performance measures and the MPOs have worked with MassDOT in either a) choosing the same targets, b) adapting them to the specific region, or c) choosing new targets as goals for the MPO. The MVMPO has adopted all of the targets established by MassDOT. MassDOT and the MPOs will work cooperatively to ex- change data and performance targets and measures as required by the legislation.

MassDOT’s Tracker https://www.massdottracker.com/wp/ contains annual performance man- agement reports. These performance targets and corresponding actuals are contained in the reports.

The following are the performance measures, divided into three categories, as defined by the

Final Federal Rules:

HSIP and Safety Performance Management Measures to be applied to all public roads

(PM1):

• Number of Fatalities

• Fatality rate per 100 million vehicle-miles traveled

• Number of Serious Injuries

• Serious injury rate per 100 million vehicle-miles traveled

• Number of non-motorized fatalities and non-motorized serious injuries

Draft FFYs 2022-2026 MVMPO TIP April 2021

15

Pavement and Bridge Condition Performance Measures (PM2):

• Percentage of Pavements of the Interstate System in Good condition

• Percentage of Pavements of the Interstate System in Poor condition

• Percentage of Pavements of the non-Interstate NHS in Good condition

• Percentage of Pavements of the non-Interstate NHS in Poor condition

• Percentage of NHS bridges by deck area classified as in Good condition

• Percentage of NHS bridges by deck area classified as in Poor condition

MassDOT has submitted a draft NHS Transportation Asset Management Plan (TAMP), as re- quired by MAP-21, to address pavement and bridge conditions on the NHS system. The TAMP was finalized in September 2019.

System Performance/ Freight/ CMAQ Performance Measures (PM3):

• Percent of the Person-Miles Traveled on the Interstate that are Reliable

• Percent of the Person-Miles Traveled on the non-Interstate NHS that are Reliable

• Truck Travel Time Reliability (TTTR) Index on the Interstate System

• Annual Hours of Peak Hour Excessive Delay Per Capita

• Percent of Non-SOV Travel on the NHS System

• Total Emission Reduction of all projects funded with CMAQ in areas designated as non- attainment or maintenance for ozone (O3), carbon monoxide (CO), or particulate matter (PM10 and PM2.5)

The MVMPO will work cooperatively with MassDOT to determine which performance measures the MPO will collect data for and measure, and which MassDOT will collect data for and measure and will exchange data and program projects for funding with consideration of meeting the targets established for each measure. The performance measures will be incorpo- rated into the Transportation Improvement Program (TIP) Transportation Evaluation Criteria (TEC) in the scoring categories as indicated in the TEC Scoring Criteria Chart in Section A.3.

of the TIP.

Targets are set by examining historic trends in the data and considering future plans for poten- tial improvements.

Draft FFYs 2022-2026 MVMPO TIP April 2021

16

Safety Performance Measures (PM1)

The Merrimack Valley MPO at its January 2021 meeting chose to adopt the statewide safety performance measure targets set by MassDOT for Calendar Year (CY) 2021. In setting these targets, MassDOT has followed FHWA guidelines by using statewide crash data and Highway Performance Monitoring System (HPMS) data for vehicle miles traveled (VMT) in order to cal- culate 5 year, rolling average trend lines for all FHWA-defined safety measures. Figures 1 to 6 on the following pages illustrate the 5-Year rolling averages and rates discussed below.

Total Fatalities: Per guidance from the Federal Highway Administration (FHWA), MassDOT’s

2021 safety target setting process began with a trend line projection based on the most recent available Statewide data (up to 2018). The calendar year (CY) 2021 target of 339 was set to reflect an anticipated decrease in fatalities due to joint initiatives across MassDOT related to sustainable transportation; commitment to several FHWA Every Day Counts (EDC) initiatives (e.g. reducing rural roadway departures); and strategies and legislative proposals that were part of the 2018 Strategic Highway Safety Plan (SHSP), such as the primary seat belt and hands-free driving laws.
The Merrimack Valley Region number of fatalities averaged over the five years from 2015 to
2019 is 18, an increase of 1 over the previous 2014 to 2018 average which was 17.

Fatality Rate: The CY 2021 target of .55 fatalities per 100 million vehicle miles traveled (VMT) Statewide reflects an overall reduction from previous years. It should be noted that MassDOT’s long-term goal is to move towards zero deaths.

The Merrimack Valley Region fatality rate increased from 0.4 fatalities per 100 million Vehicle Miles Travelled (VMT) averaged over 2014 to 2018 to 0.48 averaged from 2015 to 2018, but is below the Statewide rate of 0.56 fatalities per 100 million VMT from 2015 to 2018.

Total Serious Injuries: It is anticipated that there will be an overall decrease in the number of serious injuries Statewide due to a continual downward trend line as well as the implementa- tion of countermeasures that are being developed as part of the 2018 Strategic Highway Safety Plan (SHSP). The CY 2021 target of 2,580 was set to reflect this trend. For this perfor- mance measure, it is important to note that on January 1st, 2019, Massachusetts moved from the term “incapacitating injuries” to “serious injuries,” per federal requirements.

The Merrimack Valley Region Total Serious Injuries increased from 141 averaged from 2014 to
2018 to 147 serious injuries averaged from 2015 to 2019.
Draft FFYs 2022-2026 MVMPO TIP April 2021

17

Serious Injuries Rate: Similar to the fatality rate, it is anticipated that the downward trend line will result in a drop in the rate of serious injuries from 4.35 per 100 million VMT between 2016–

2020 to 4.23 between 2017–2021 Statewide.
The Merrimack Valley Serious Injury Rate per 100 million VMT increased from 3.8 averaged over 2014 to 2018 to 3.94 from 2015 to 2019, but remains lower than the State average of 4.37 from 2015 to 2019.

Total Number of Non-Motorized Fatalities and Serious Injuries: The most recent data for non-motorized fatalities and serious injuries indicates that the previously increasing trend de- creased in 2017, and has continued to decrease since then. The CY 2021 Statewide target has been set to reflect continued projected reductions in non-motorized fatalities and injuries due to a number of multi-disciplinary and multi-agency implementation strategies contained

within the Statewide Bike Plan, Statewide Pedestrian Plan, and Strategic Highway Safety Plan.
It is important to note that in prior years, only bicyclist and pedestrian data were used to calcu- late this target. More recently, it was determined that this category would include other non- motorists. In addition to bicyclists and pedestrians, this category includes skaters and users of wheelchairs and other mobility devices. The historical data within the graph below includes these additional users.
In the Merrimack Valley Region the total number of non-motorized fatalities and serious inju- ries has increased in the most recent 5-year periods to 22 for the 2014 to 2018 five year aver- age for the 2015 to 2019. The total number of non-motorized fatalities and serious injuries was19 from 2013 to 2017 and from 2012 to 2016.
In recent years, MassDOT and the Merrimack Valley MPO have invested in “complete streets”, bicycle and pedestrian infrastructure, intersection and safety improvements in both the Capital Investment Plan (CIP) and Statewide Transportation Improvement Program (STIP) to address increasing mode share and to incorporate safety mitigation elements into projects. Moving for- ward, Merrimack Valley MPO, alongside MassDOT, is actively seeking to improve data collec- tion and methodology for bicycle and pedestrian VMT counts and to continue analyzing crash clusters and crash counts that include both motorized and non-motorized modes in order to
address safety issues at these locations.
Draft FFYs 2022-2026 MVMPO TIP April 2021

18

Figure 1 Statewide Total Fatalities and Fatal Crash Rates- 5-Year Averages

Total Fatalities

Projected

(5-year Averages) 5-Year

Rolling CY21

400 Average Target 1.00

362 359 362 361 364 357 358

350 0.90

0.80

300 j::'

0.70

Q)::::::. en 0.60 1U c: Q) a::: .2

200 0.50

+-'

L1..

150

0.40

u.. 8

0.30 <l.>

100 -3:

020

50 0.10

0 0.00

'08-'12 '09-'13 '10-'14 '11-'15 '12-'16 '13-'17 '14-'18 I15-'19 '16-'20 '17-'21

Projected Targets • Fatality Rate

Draft FFYs 2022-2026 MVMPO TIP April 2021 19

Figure 2 Merrimack Valley Total Fatalities and Fatal Crash Rates- 5-Year Averages

Merrimack Valley Total Fatalities

(5-year Averages)

25 1.00

20 19

20 20

0.90

18 0.80 t::"

17 16 0.70

"' 15 0.60

:

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0.50 E

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0.30 Q)

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5 0.20

0.10

0 0.00

'08-'12 '09-'13 '10-'14 '11-'15 '12-'16 '13-'17 '14-'18 '15-'19

- Actual Fata l iti es

Fatal ity Rate

......... MV Trend Line (Fatality Rate)

Draft FFYs 2022-2026 MVMPO TIP April 2021 20

Figure 3 Statewide Total Serious Injuries and Serious Injury Crash Rates

5-Year Averages

Total Serious Injuries

(5-year Averages)

4000 10

3595 Projected

3500 3366

3265 5-Year 9

3146 Rolling CY21

2943 Average Target

(/) 3000 2814

Q) 2685 7

Q)i=='

1....

::J

2500

6 >.C:

0> 1.... 0

2000 5 ·c :-::::

cna

-1500 4 :: a

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c

1000

2

500 1

0 0

'08-'12 '09-'13 '10-'14 '11-'15 '12-'16 '13-'17 '14-'18 '15-'19 '16-'20 '17-'21

Actual Injuries Projected Targets • Inj.uy Rate

Jnj.Hy Rate Targets -- - - Trend Lne (Injury Rate )

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Figure 4 Merrimack Valley Total Serious Injuries and Serious Injury Crash Rates

5-Yr Averages

Merrimack Valley Total Serious Injuries

(5-year Averages )

180 10.00

161 159

160 9.00

140 8.00

120

VI

,_

7.00 <Lij:::'

6.00 a::§

-100 :J!.::::

c

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40 2.00

20 1.00

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08'-12' 09'-13' 10'-14' 11'-15' 12'-16' 13'-17' 14'-18' 15'-19'

- Actual Injuries • Injury Rate - ---- Trend Line (Injury Rate)

Draft FFYs 2022-2026 MVMPO TIP April 2021 22

Figure 5 Statewide Total Combined Non-Motorized Injuries & Fatalities

600

Total Combined Non-Motorized

Injuries & Fatalities

(5-year Averages)

561 569 569 546

Projected

5-Year Rolling Average

CY21

Target

550

500

450

400

350

300

250

200

150

100

50

0

516 532

538 524 517

506

'08 -'12 '09-'13 '10 -'14 '11 -'15 '12 -'16 '13 -'17 '14-'18 '15 -'19 '16 -'20 '17-'21

Act ual I njuries & Fat alities Proje cted Targe ts

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Figure 6 Merrimack Valley Total Combined Non-Motorized Injuries & Fatalities

Merrimack Valley Total Combined Non-Motorized

Injuries & Fatalities

(5-year Averages)

25

22 22

20

17 17
18 18
19 19

15

10

5

0

'08-'12 '09-'13 '10-'14 '11-'15 '12-'16 '13-'17 '14-'18 '15-'19

Actual Injuries & Fatalities

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Bridge & Pavement Performance Measures (PM 2)

The Merrimack Valley MPO has chosen to adopt the 2-year (2020) and 4-year (2022) statewide bridge and pavement performance measure targets set by MassDOT. MassDOT was required to adopt a statewide target by May 20th, 2018, with MPOs ei- ther adopting the statewide target or establishing their own by November 2018. In set- ting these targets, MassDOT has followed FHWA guidelines by measuring bridges and pavement condition using the 9-point National Bridge Inventory Standards (NBIS); the International Roughness Index (IRI); the presence of pavement rutting; and the pres- ence of pavement cracking. 2-year and 4-year targets were set for six individual perfor- mance measures: percent of bridges in good condition; percent of bridges in poor condi- tion; percent of Interstate pavement in good condition; percent of Interstate pavement in poor condition; percent of non-Interstate pavement in good condition; and percent of
non-Interstate pavement in poor condition. All of the above performance measures are tracked in greater detail in MassDOT’s Transportation Asset Management Plan (TAMP), which was finalized in September 2019. It is posted here: https://www.mass.gov/ser-
vice-details/massdot-asset-management.
Targets for bridge-related performance measures were determined by identifying which bridge projects are programmed and projecting at what rate bridge conditions deterio- rate. The bridge-related performance measures measure the percentage of deck area, rather than the total number of bridges.
Performance targets for pavement-related performance measures were based on a sin- gle year of data collection, and thus were set to remain steady under the guidance of FHWA. These measures are to be revisited at the 2-year mark (2020), once three years of data are available, for more informed target setting.
MassDOT continues to measure pavement quality and to set statewide short-term and long-term targets in the MassDOT Performance Management Tracker using the Pave- ment Serviceability Index (PSI), which differs from IRI. These measures and targets are used in conjunction with federal measures to inform program sizing and project selec-
tion.
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Performance Measure

Bridges in good condition

Bridges in poor condition

Interstate Pavement in good condition

Interstate Pavement in poor condition

Non-Interstate Pavement in good condition

Non-Interstate Pavement in poor condition

31.4% 30% 30%

Reliability, Congestion, & Emissions Performance Measures (PM3)

Merrimack Valley MPO has chosen to adopt the 2-year (2020) and 4-year (2022) statewide reliability, congestion, and emissions performance measure targets set by MassDOT. MassDOT was required to adopt a statewide target by May 20th, 2018, with MPOs either adopting the statewide target or establishing their own by November 2018. MassDOT followed FHWA regulation in measuring Level of Travel Time Reliability (LOTTR) on both the Interstate and non-Interstate NHS as well as Truck Travel Time Reliability (TTTR) on the Interstate system using the National Performance Manage­ ment Research Dataset (NPMRDS) provided by FHWA. These performance measures aim to identify the predictability of travel times on the roadway network by comparing

the average travel time along a given segment against longer travel times. For LOTTR,

the performance of all segments of the Interstate and of the non-Interstate NHS are de­ fined as either reliable or unreliable based on a comparison between the 50th percentile travel time and the 80th percentile travel time, and the proportion of reliable segments is reported. For TTTR, the ratio between the 50th percentile travel time and the 90th per­ centile travel time for trucks only along the Interstate system is reported as a statewide measure. As this data set has but one year of consistent data, FHWA guidance has been to set conservative targets and to adjust future targets once more data becomes available. To that end, MassDOT's reliability performance targets are set to remain the same.

The Merrimack Valley MPO an agency whose planning area includes communities in the Boston Urbanized Area (UZA), and as a signatory to the 2018 Boston UZA Memo­ randum of Understanding (Boston UZA MOU)-has also adopted 2-year (2020) and 4- year (2022) Boston UZA-wide congestion performance measure targets. These perfor­ mance measures are the percentage of non-single occupancy vehicle (SOV) travel and

Draft FFYs 2022-2026 MVMPO TIP April2021 26

the Peak Hour Excessive Delay (PHED). Targets were developed in coordination with state Departments of Transportation and neighboring MPOs with planning responsibility for portions of the Boston UZA.
The percentage of non-SOV travel is approximated using the U.S. Census Bureau’s American Community Survey (ACS) Journey-to-Work data. In the Boston UZA, the pro- portion of non-SOV travel has been steadily increasing and is projected to continue in- creasing at a rate of 0.32% annually.
PHED is measured by totaling the number of hours spent in excessive delay (defined as travel time at 20 miles per hour or at 60% of the posted speed limit, whichever is
greater) in peak hours (between 6:00am and 10:00, and between 3:00pm and 7:00pm) divided by the total UZA population. As of target-setting, there was only one year of data available. As such, the performance targets have been set flat until further data is avail- able.
Emissions reduction targets are measured as the sum total of all emissions reductions anticipated through CMAQ-funded projects in non-attainment or air quality maintenance areas (currently the cities of Lowell, Springfield, Waltham, and Worcester, and the town of Oak Bluffs) identified in the Statewide Transportation Improvement Program (STIP).
This anticipated emissions reduction is calculated using the existing CMAQ processes.
Draft FFYs 2022-2026 MVMPO TIP April 2021 27

Measure Current (2017) 2-year 4-year (2022) (2020)

Non-Interstate LOTTR

'

Interstate LOTTR

TTTR

PHED (Boston UZA)

% non-SOV (Boston UZA) Emissions Reductions

80% 80% 80%

68% 68% 68%

1.85 1.85 1.85

18.31 18.31 18.31

33.6% (2016) 34.82% 35.46%

Baseline (FFY 14- 1,622 co TBD CO (Spring-

17) 497.9 Ozone field)

1.1 Ozone

Draft FFYs 2022-2026 MVMPO TIP April2021 28

MassDOT/ Adopted by MVMPO Performance Measures/ Targets Summary Table

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MassDOT/ Adopted by MVMPO Performance Measures/ Targets Summary Table (Cont.)

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MassDOT/ Adopted by MVMPO Performance Measures/ Targets Summary Table (Cont.)

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MassDOT/ Adopted by MVMPO Performance Measures/ Targets Summary Table (Cont.)

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Regional Target Projects’ Relationship to Regional Planning Efforts and Performance Management

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Regional Target Projects’ Relationship to Regional Planning Efforts and Performance Management (Cont.)

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Regional Target Projects’ Relationship to Regional Planning Efforts and Performance Management (Cont.)

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Regional Target Projects’ Relationship to Regional Planning Efforts and Performance Management (Cont.)

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Regional Target Projects’ Relationship to Regional Planning Efforts and Performance Management (Cont.)

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Performance Target(s) Project Will Help Meet

(2022 to 2026 Statewide and Regional Target Funds)

Draft FFYs 2022-2026 MVMPO TIP April 2021 38

Performance Target(s) Project Will Help Meet

(2022 to 2026 Statewide and Regional Target Funds)

Draft FFYs 2022-2026 MVMPO TIP April 2021 39

Performance Target(s) Project Will Help Meet

(2022 to 2026 Statewide and Regional Target Funds) (Cont.)

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Performance Target(s) Project Will Help Meet

(2022 to 2026 Statewide and Regional Target Funds) (Cont.)

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Performance Target(s) Project Will Help Meet

(2022 to 2026 Statewide and Regional Target Funds) (Cont.)

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Transit Asset Management (TAM) Plan Performance Management Targets

The MVRTA completed its TAM Plan March 6, 2020. The Performance Management Tar- gets were adopted by the MVRTA Advisory Board on May 7, 2020. The Merrimack Valley MPO adopted these targets at its May 27, 2020 MPO meeting.
The following information is from the MVRTA Transit Asset Management Plan prepared
3/6/2020.

Annual Performance Targets and Measures

As a recipient of Federal Transit Administration funds, the MVRTA is required to develop and maintain a Transit Asset Management Plan per FTA’s Final Rule at 49 CFR Part 625. As defined by the Rule, Transit Asset Management (TAM) is the strategic and systematic practice of processing, operating, inspecting, maintaining, rehabilitating and replacing transit capital assets to manage their performance, risks and cost over their life cycles to provide safe, cost effective and reliable public transportation.
The preparation of the TAM is based on identifying the transit assets which the MVRTA owns and has direct Capital responsibility for and the performance measures included in the Final Rule that relate to these identified assets.

Draft FFYs 2022-2026 MVMPO TIP April 2021

43

Using these Performance Measures leads to the setting of targets against the defined Use­

ful Life Benchmark (ULB). Which FTA defines as:

The expected lifecycle of a capital asset for a particular Transit Provider's operating environment, or the acceptable period of use in service for a particular Transit Provider's op­ erating environment.

The MYRTA has defined the ULB as presented in FTA circular C 5010.1E for buses and vans:

Minimum Service-life for Buses and Vans

For TAM Plan dated 3/6/2020, the MYRTA has prepared the following targets:

Transit TAM Targets

Percent of revenue vehicles that have met or exceeded their useful life benchmark:

Draft FFYs 2022-2026 MVMPO TIP April 2021

44

Non-revenue vehicles - percent of service vehicles that have met or exceeded their useful life benchmark:

Facility - percent of facilities rated below 3 on the FTA condition scale:

Passenger/ Parking facilities 0% (McGovern Center, Gateway Surface Parking, Haverhill Intermodal Parking, Costello Center)
Administrative/ maintenance facilities 0% (85 Railroad Ave. HQ)
Updates to these targets will be done in conjunction with the preparation of the next TAM Plan and the FY 2022-2026 Capital Plan.

In May of 2020 the Merrimack Valley MPO voted to adopt the transit TAM performance measure targets set by MVRTA for FFY 2020 through FFY 2023.

The following table lists the transit projects programmed in this TIP that help meet the
Transit TAM Performance Measures.

TAM Performance Measures Transit Projects Help Meet

Draft FFYs 2022-2026 MVMPO TIP April 2021 45

TAM Performance Measures Transit Projects Help Meet (Cont.)

Draft FFYs 2022-2026 MVMPO TIP April 2021 46

Public Transportation Agency Safety Plan (PTASP)

The MVRTA, as a recipient of FTA Urban Area Funding Grants, is required to develop a plan to implement a Safety Man- agement System (SMS) that includes safety performance targets. The MVRTA approved the Merrimack Valley Regional Transit Authority Safety Plan on November 10, 2020 and Revised 1/15/2021.

Transit Safety Performance Targets

The following is from the MVRTA Safety Plan:

Safety Performance Targets have been set for each of the 3 modes of transit service. They are based on the safety performance measures established by MVRTA over the last 3 Fiscal Years. All goals are expressed in number of occurrences per 100,000 miles. Below are the goals set by the MVRTA for our service.

Draft FFYs 2022-2026 MVMPO TIP April 2021 47

Part A. 3. Prioritization

The FFYs 2022-2026 Merrimack Valley Metropolitan Planning Organization’s Transportation Improvement Program (TIP) contains Federal-aid project programming information for five years. For each year, gross estimates of project costs are listed in the federal fiscal year (FFY) of the proposed advertise date. Federal fiscal years begin on October 1 and run through September 30. For example, FFY 2022 begins on October 1,
2021 and ends on September 30, 2022. The advertising dates shown for roadway projects were determined based on information provided by the Capital Expenditure and Program Office within MassDOT, the MassDOT District 4 Office, and MVMPO member communities. The MVRTA and MassDOT's Rail and Transit Division determined programming dates for transit projects.
Projects are programmed in the region’s TIP based on a number of factors. These include the project’s score based upon the MPO’s Transportation Evaluation Criteria (TEC), project cost and the availability of STBG funding in the years covered in the document.
Road and bridge project selection is also largely dependent upon the current and expected design status for each project, which can be affected by such factors as environmental permitting and Right-of-Way (ROW) status. For bridge projects, information from MassDOT's Bridge section is given primary consideration when scheduling projects.

Transportation Evaluation Criteria

In 2003, the MPOs worked with the then Massachusetts Executive Office of Transportation and Public Works (EOTPW) to develop objective evaluation criteria that could be applied
to transportation projects in the Commonwealth. Early in 2004, EOTPW asked planning
staff from the then MassHighway Planning, the MassHighway district offices and the regional planning agencies to apply these criteria to projects within their respective Metropolitan Planning Organizations (MPOs). Application of these criteria include not only an evaluation of the magnitude of improvement in the condition, mobility, and safety of transportation projects, but also an evaluation of their community effects and support, the land use and economic development impact, and the environmental effects. A score valued from -3 to 3 is assigned to each of the criteria. In fact, there is at least one score associated with each of the FAST Act ten planning factors. The scores within each category are averaged and then the category averages are added together to reach the total score. The following chart illustrates the data and scoring criteria for each TEC element as well as the planning factors considered in each element, and which TEC
elements relate to the performance measures.
Draft FFYs 2022-2026 MVMPO TIP April 2021 48
Consideration of whether a project contributes to Climate Resiliency was added to the TEC process for the MVMPO 2021 to 2025 TIP in the Environmental Effects section of the evaluation form, under the Air Quality/Climate Effects scoring component. The project receives one point under this criteria if the project involves widening a culvert and the project receives one point if it raises a facility (for example a bridge, roadway or trail) in a flood prone area.
The COVID-19 pandemic has not impacted the project scoring for this TIP. While the changes to travel patterns caused by the pandemic are certainly dramatic, it was not deemed necessary to change project scores or the transportation evaluation criteria at this time. The changes to travel patterns that have been observed in the Merrimack Valley and elsewhere in Massachusetts and New England, both under total lock down and phased re- openings of the economy, are not likely going to continue in the longer term.
Consequently, it was considered inadvisable to change project scores or plans based on a temporary condition. The MVMPO will continue to monitor traffic counts and travel time reliability, but it will likely take at least a year and probably longer for travel patterns to settle into the “new normal”, whatever that is going to be.
The RITIS platform is a primary data source used to inform the Merrimack Valley MPO’s Congestion Management Process (CMP). The data generated by the CMP on travel times and travel reliability on the region’s NHS roadways is then considered in the roadway and trail project scoring system to evaluate the degree to which the magnitude and duration of congestion on the transportation network will be reduced through the construction of the proposed improvements.
The MVMPO’s CMP currently considers RITIS travel time reliability and travel time data collected through the year 2019. As the RITIS data is slightly different than previously available travel time data, there are only a few years of this newer data to compare and it shows that there had not been much change in travel time reliability, or change in travel patterns. However, now that travel patterns have changed dramatically due to the COVID-
19 pandemic and are likely to continue changing as travel reaches its “new normal” in a few years, we will then be able to examine how congestion and travel patterns have changed using the RITIS platform.
The following table provides the TEC scoring guidelines for each element scored, as well as, the Planning Factors and Performance Measures related to each scoring element.
Draft FFYs 2022-2026 MVMPO TIP April 2021 49

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The resulting Transportation Evaluation Criteria (TEC) scores for selected projects in the Merrimack Valley region that were derived by applying these criteria are shown in Appendix C. It is the goal of the MVMPO that these criteria ratings, along with information related to the readiness of projects, will make the planning process, and more specifically, the selection
and prioritization of projects, more transparent to the general public. A sample project evaluation sheet showing the various criteria is in Appendix D.
The use of these TEC scores also allows the Merrimack Valley MPO to meet FAST Act re- quirements for programming Transportation Alternatives (TA) funding (similar to TAP funding from the previous legislation). TA funding is a set-aside of Surface Transportation Block Grant Programming (STBG) through a competitive process and, in general, helps to manage performance by focusing available funding on the highest regional priorities. It also helps to draw attention to the reader that FAST Act is a very Performance Measure -oriented piece of legislation.

Part A. 4. Public Participation

The principal objective of this document is the provision of an additional point for public access to and review of the transportation planning process. This FFYs 2022-2026
Transportation Improvement Program was developed in accordance with the Public Participation Process established for the Merrimack Valley Metropolitan Planning Organization (MVMPO). The MVMPO amended its current Public Involvement Process in March of 2017, it is contained in the MVMPO Public Participation Plan as Amended through March 2017 on the MVPC website under Transportation Reports. The Process applies to the development of the Transportation Improvement Program (TIP), the Regional Transportation Plan (RTP) and the Unified Planning Work Program (UPWP). The Public Involvement Process endorsed by the MVMPO is also used by the MVRTA as its public involvement process. The notice of public involvement and time established for review and comment for the development of this TIP satisfies the Program of Project requirements established by the Federal Transit Administration (FTA).
The Merrimack Valley MPO’s Public Participation Plan as amended through March 2017, re- flects the consultation requirements identified in the FAST Act of 2015 and prior fed- eral transportation authorizations, and the existing transportation planning regu- lations developed by the U.S. Department of Transportation for the development of Regional Transportation Plans and Transportation Improvement Programs. This document identifies a number of stakeholders to be consulted in developing these documents. In devel- oping the Draft FFYs 2022-2026 Transportation Improvement Program, all MVMPO stake-
holders were given notice that the process of developing the FFYs 2022-2026 TIP was
Draft FFYs 2022-2026 MVMPO TIP April 2021 61
beginning. Stakeholders were also notified of the availability of the draft document for public review and comment.

Public Participation Plan Stakeholder List

Listed below are categories of interested individuals, organizations and other stakeholders (Interested Parties) identified by the MVMPO for inclusion in the PPP. They are defined based on the individual groups identified in the FAST Act of 2015 and prior federal transpor- tation authorizations, and the existing transportation planning regulations developed by the U.S. Department of Transportation.
The MVMPO continues to add individuals, organizations or other stakeholders to this list and their addition is not considered an act requiring the formal amendment of the PPP. Similarly, any of the individuals or organizations identified below may request to be removed from the mailing list and such action does not necessitate a formal PPP amendment.

Individuals, including:

• Interested individuals, business persons
• Merrimack Valley Transportation Committee (MVTC) members
• City/Town Clerks
• MVMPO Region Congressional Delegation
• MVMPO Region Legislative Delegation

Affected public agencies, including:

• Boards of Selectmen / City Councils
• Chief Elected Officials
• City and Town Engineers
• Federal Emergency Management Agency
• Federal Highway Administration
• Federal Transit Administration
• Greater Derry-Salem Cooperative Alliance for Regional Transportation
(CART)
• Local Departments of Public Works
• Local Police Departments
• Local Traffic and Safety Committees
• Massachusetts Department of Environmental Protection
• MBTA Commuter Rail Officials
Draft FFYs 2022-2026 MVMPO TIP April 2021 62

Affected public agencies, including (Cont.):

• Massachusetts Executive Office of Housing and Economic Development
• Massachusetts Executive Office of Public Safety and Security
• MassDOT
• Merrimack Valley Regional Transit Authority
• Metropolitan Area Planning Council
• Nashua Regional Planning Commission
• Rockingham Planning Commission
• U.S. Environmental Protection Agency

Representatives of public transportation employees, including:

• Truck Driver’s Union Local #170

Freight shippers, including:

• P.J. Murphy Transportation
• JB Hunt
• Estes Express
• Shaheen Brothers
• ABF Freight
• PanAm Railways
• Bonney’s Express

Providers of freight transportation services, including:

• United Parcel Service
• Federal Express
Draft FFYs 2022-2026 MVMPO TIP April 2021 63

Private profit- and non-profit providers of transportation in the

region, including:

• Assist Incorporated
• C&J Transportation
• Cape Ann Transit Authority (CATA)
• Central Wheelchair and Van Transportation
• EMT Corporation
• Local Taxi Companies
• Northern Essex Elder Transportation (NEET)
• Other Transportation Providers Identified in the Regional Transportation Plan
• The Coach Company
• TransCare

Representatives of users of public transportation, including:

• American Training, Inc.
• Cambridge College
• Community Action Incorporated (CAI)
• Emmaus, Inc.
• Elder Services of the Merrimack Valley
• Local Senior Centers/Councils on Aging
• Northeast Independent Living Program
• Merrimack College
• Merrimack Valley Hospice
• Merrimack Valley Workforce Investment Board, Inc.
• Northern Essex Community College
• Office of Employment Services

Representatives of bicyclist and pedestrian advocacy organizations, including:

• Andover Trails Committee
• Bay Circuit Alliance
• Coastal Trails Coalition
• Essex National Heritage Commission
• Essex County Trail Association
• Groveland Open Space and Recreation Committee
Draft FFYs 2022-2026 MVMPO TIP April 2021 64

Representatives of bicyclist and pedestrian advocacy organizations, Including (Cont.):

• MassBike
• Merrimack Valley Off-Road Trails Committee

Representatives for the community of individuals with disabilities, including:

• Executive Office of Health and Human Services
• Northeast Independent Living Program
• Department of Mental Health
• Massachusetts Commission for the Blind
• Area Nursing Homes
• United Cerebral Palsy
• CLASS Inc.
• Fidelity House
• Association of Retarded Persons (ARC)

Organizations and facilities that serve low-income and minority households who traditionally have been underserved by existing transportation systems and may face challenges accessing employment and other services, including:

• MVRTA Transit Centers in Amesbury, Haverhill and Lawrence (post notices)
• Social Security Offices
• Employment Offices (post notices)
• Ethnic, Civic/Social, Faith-Based and Veterans Organizations
• Merrimack Valley Goodwill
• Area Hospitals
• Salvation Army
• Groundwork Lawrence
• Lawrence Community Works
• United Way of the Merrimack Valley
• Methuen Arlington Neighborhood, Inc.
• YMCA/YWCA
Draft FFYs 2022-2026 MVMPO TIP April 2021 65

Agencies and officials responsible for other planning activities within the MPA that are affected by transportation, including:

a. State and local planned growth:

1. Area Planning Boards
2. Mass Development
3. Merrimack Valley Transportation Management Association
4. The Junction Transportation Management Organization

b. Economic development:

1. Chambers of Commerce
2. Economic Development Administration
3. Local Community Development Directors
4. Merrimack Valley Economic Development Council

c. Environmental agencies and federal lands:

1. Andover Village Improvement Society (AVIS)
2. Essex County Greenbelt Association
3. Local Conservation Commissions
4. MassRiverways
5. Merrimack River Watershed Council
6. National Park Service
7. Powwow River Watershed Association
8. Parker River Clean Water Association
9. Shawsheen River Watershed Association
10. Trustees of Reservations
11. U.S. Environmental Protection Agency (EPA)
12. U.S. Fish and Wildlife Service

d. Airport operations:

1. Lawrence Airport Commission

e. Other Interested Parties

1. Conservation Law Foundation
The notices were sent directly to almost 650 email addressees representing these groups. Notices were put in newspapers and on cable community television directing the public to the
MVPC website which contained the notice and the materials for review.
Draft FFYs 2022-2026 MVMPO TIP April 2021 66
In addition to these direct mailings, and in accordance with this process, public notice of the Draft FFYs 2022-2026 Transportation Improvement Program was published in the Lawrence Eagle Tribune, Newburyport Daily News, Haverhill Gazette (Published Weekly) and Rumbo News informing the public of its right to comment on the document which would be available on the MVPC website from May 5, 2021 through May 25, 2021. It said that comments would be received through May 25, 2021 and that two separate Virtual public hearings on the docu- ment would take place on May xx, 2021 from 1:00 p.m. to 2:00 p.m. and from 6:00 p.m. to
7:00 p.m. The meetings were held Virtually due to COVID-19 Virus restrictions. The MVMPO will summarize comments that are received during the 21-day review and comment period and will include this summary in the Final FFYs 2022-2026 TIP.
Public input in developing the TIP was sought at the following meetings in 2020 and 2021:

• December 30, 2020, January 27, 2021, February 24, 2021, March 24, 2021 April

28, 2021 and May 26, 2021 MVMPO Meetings (all held Virtually due to COVID-19
Virus restrictions)

• February 4, 2021, March 4, 2021, April 1, 2021 MVRTA Advisory Board meetings

(all held Virtually due to COVID-19 restrictions)

• March 18, 2021 and April 15, 2021 Merrimack Valley Planning Commission

(MVPC) meetings (all held Virtually due to COVID-19 Virus restrictions)
The above meetings were held Virtually due to COVID-19 restrictions.
Draft FFYs 2022-2026 MVMPO TIP April 2021 67

Part A. 5. Amendment/ Adjustment Procedures

Adjustments

Minor adjustments to the TIP do not require formal MPO action and can be made via the administrative action of the Merrimack Valley MPO. These minor adjustments are limited to:

• Changing the scope and description of a project as long as they are minor changes;

• Changing funding amounts that are less than a ten percent increase in project cost if project cost is more than $5 million dollars;

• Changing funding amounts that are an increase of less than $500,000 if project cost is

$5 million dollars or less;

• Changing funding sources.

Amendments

Major changes continue to require MPO action through the formal amendment process. Major changes would require a twenty-one-day public review and comment period that includes a public hearing. These changes include, but are not limited to:

• Moving a currently programmed project earlier or later than an originally programmed year;

• MassDOT Office of Transportation Planning (OTP) approved ten percent or more increases, or decreases, in the construction cost estimate for a project costing more than $5 million dollars;

• MassDOT OTP approved project cost increase, or decrease, of $500,000 or more, in the construction cost estimate for a project costing $5 million dollars or less;

• Adding a new project.

• Deleting a project

• Major change in project scope large enough to necessitate an additional review by MassDOT’s Project Review Committee (PRC) – typically accompanied by major project cost change.

• Exceptions

Although the MVMPO typically holds a 21-day public comment period for amend- ments, in the event of extenuating circumstances beyond the agency’s control, the comment period may be shortened or waived in consultation with FHWA Division Office and/or the FTA Regional Office. Additionally, MassDOT may make excep- tions to the procedures outlined above and treat amendments as adjustments and/or adjustments as administrative modifications, but these exceptions will also require coordination with and concurrence by MassDOT’s federal partners and the
affected MPO.
Draft FFYs 2022-2026 MVMPO TIP April 2021 68
The above Adjustments and Amendments align with MassDOT’s definitions of Adjustments and Amendments. One difference from the MassDOT State Transportation Improvement Pro- gram (STIP) Project Revision Definitions and Procedures is that MassDOT defines an “Ad- ministrative Modification: A revision to the STIP that is minor enough in nature to require nei- ther a public process nor FHWA/FTA approval, but that does involve a notification to federal partners.”
This document does not have an “Administrative Modification”. The only items that MassDOT defines as Administrative Modifications are minor changes to Project Description and a change in any item listed in the “Additional Information” column of the STIP not covered in
any Amendment or Adjustment procedure. The MVMPO must use the Project Descriptions
provided by MassDOT, the only time a Project Description changes is if MassDOT changes it, this would be considered an Adjustment to this document. Any changes to “Additional In- formation” not listed in the Amendment/ Adjustment procedures above would be coordinated
with MassDOT and would not require action by the MVMPO.
Draft FFYs 2022-2026 MVMPO TIP April 2021 69

Part A. 6. High Priority Projects

SAFETEA-LU contained a number of earmarked transportation projects that were to receive federal funding. Specific funding amounts were obligated to each of these projects, but no additional funding was included in SAFETEA-LU to complete them. Consequently, states with these projects must implement them within the annual federal authorization limits established in the legislation. The Merrimack Valley region contains eleven such projects which are
shown below along with their status:

Draft FFYs 2022-2026 MVMPO TIP April 2021 70

Draft FFYs 2022-2026 MVMPO TIP April 2021 71

Part A. 7. Advance Construction

Advance Construction is a Federal-aid fund management tool, which as described by the
Federal Highway Administration website:
“…allows states to begin a project even in the absence of sufficient Federal-aid obligation authority to cover the Federal share of project costs. It is codified in Title 23, Section 115. Advance construction eliminates the need to set aside full obligational authority before starting projects…At some future date when the state does have sufficient obligational authority, it may convert an advance-constructed project to a Federal-aid project by obligating the permissible share of its Federal-aid funds and receiving subsequent reimbursements.”
In other words, the state pays for the project with non-Federal-aid funds to begin with and can later seek reimbursement of the Federal share of the funding category’s project cost by obligating Federal-aid funding in future years.
Projects must meet the following criteria before they can be designated to use the Advanced
Construction (AC) funding mechanism:
1. The project’s estimated Federal participating cost exceeds the total regional annual target (i.e. sum of HSIP, CMAQ, TA and Non HSIP/CMAQ/TA), and
2. Construction, based on an engineering review of the project, will take place during all the years for which federal funding is programmed.
The following projects are programmed in the FFY 2022-2026 TIP using this Advance
Construction (AC) method:
Haverhill – Bridge Replacement, H-12-039, I-495 (NB & SB) over Merrimack
River
North Andover- Corridor Improvements on Route 114, between Rt 125 (Andover St)
& Stop & Shop Driveway
Haverhill - Bridge Replacement, H-12-040, I-495 (NB & SB) over Merrimack
River
Haverhill - Bridge Replacement, H-12-007 & H-12-025, Bridge Street (SR 125) over Merrimack River and the Abandoned B&M RR (Proposed Bikeway)
Andover - Bridge Rehabilitation, A-09-036, I-495 over St 28 (SB), A-09-037, I-
495 over B&M and MBTA, A-09-041, I-495 over St 28 (NB) Lawrence- Lawrence-Manchester Rail Corridor (LMRC) Rail Trail Salisbury- Reconstruction of Route 1 (Lafayette Road)
Draft FFYs 2022-2026 MVMPO TIP April 2021 72

Part A. 8. Transportation Funding Programs

Projects listed in the TIP must show the sources of funding that will be used to complete the project. The projects in the FFYs 2022 -2026 TIP are slated to use funding from the following Federal-aid funding programs identified in the FAST Act federal transportation funding authorization extended through September 2021. Please note that in some cases Federal-aid funding is from older funding programs established in earlier legislation such as SAFETEA-LU and MAP-21. Projects may also receive non-Federal Aid funding which is shown in the project listings.

Highway Projects

Bridge Replacement and Rehabilitation ((BR) (continued in FAST Act)) - funds replacement and repair of Structurally Deficient or unsafe bridges in urban and rural areas on any public road. Bridges can be on the federal aid system (BR ON) or off system (BR OFF).

Funding: Federal - 80%, State - 20%

Congestion Mitigation and Air Quality Improvement Program ((CMAQ) (continued in FAST Act) – funds projects that reduce congestion and improve air quality.

Funding: Federal - 80%, State - 20%

High Priority Projects (HPP) (Carryover from SAFETEA-LU) – funds up to 80% of the costs of specific transportation projects identified in SAFETEA-LU. These projects have a separate allocation, but do not receive additional funds, and are therefore subject to the state’s federal authorization limit.

Funding: Federal- 80%, State – 20%

Highway Safety Improvement Program ((HSIP) (continued in FAST Act)) - funds safety improvement projects at high crash locations and Railway-Highway Crossings.

Funding: Federal - 90%, State – 10%

National Highway Performance Program (NHPP) (continued in FAST Act) - funds projects on all National Highway System Roadways.

Funding: Varies, generally Federal - 80%, State – 20%, but for the Interstate System, Federal - 90%, State – 10%

Non-Federal Aid (NFA) - funds construction, reconstruction, and improvement projects on roads and bridges in urban and rural areas.

Funding: State - 100% (Transportation Bond Bill), or Private - 100%
Draft FFYs 2022-2026 MVMPO TIP April 2021 73

Transportation Funding Programs - Highway Projects (Continued)

Surface Transportation Block Grant Program (STBG) (STP) – (also known as the Surface Transportation Program (STP) from previous legislation) - funding for any Federal-aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects, including intercity bus terminals.

STP Enhancements ((STP E) ((SAFETEA-LU; not continued in MAP-21)) - a portion of Surface Transportation Program funding for enhancement projects chosen by states and localities.

Funding: Federal -80%, State - 20%

Transportation Alternatives Program (TAP) – (MAP-21, replaced in FAST Act with Transportation Alternatives (TA) set aside of STBG funds) - funds for projects which can be defined as transportation alternatives including bicycle and pedestrian facilities, enhanced mobility, community improvements, environmental mitigations, and various other types of transportation alternatives as defined in FAST Act.

Funding: Federal - 80%, State - 20%
Draft FFYs 2022-2026 MVMPO TIP April 2021 74

Transit Projects

The Merrimack Valley Regional Transit Authority (MVRTA) provides local and intercity
fixed-route bus service, paratransit service for seniors and persons with disabilities, flexible Ring and Ride service is provided in some communities with no fixed route service, commuter service to Boston, one weekday employment bus route from Lawrence to major employers of Raytheon and IRS, and one seasonal bus route to Salisbury and Hampton beaches.
Prior to the COVID-19 Pandemic, in FY 2019 (July 1, 2018 to June 30, 2019) the MVRTA fixed route services’ ridership was over 1.9 million, with an additional 44,040 passengers on special routes. EZ Trans paratransit ridership was 60,397 ADA and 6,817 Non-ADA. The commuter buses to Boston carried 60,822 passengers and Ring and Ride provided service to 10,868 passengers, for a total of nearly 2.08 million rides provided by MVRTA in FY 2019.
Federal, State and local subsidies provide the majority of the funding for the MVRTA, for both capital and operating expenses. Any Federal funding and its match, generally State funding, is required to be listed in this TIP.
Projects from the following Federal-aid (FAST Act extended through September 2021) and non-Federal-aid funding categories are shown in the FFY 2022-2026 TIP.

Federal Transit Funding

Section 5307 (Capital and Planning) (continued in FAST Act) - funds routine capital projects and planning assistance in urban areas. This is an urban formula grant program for MVRTA Preventative Maintenance and ADA costs.

Funding: Federal - 80%, State - 20% (Bond Issue Funds) (capital and planning expenses)
State funding for the MVRTA's operating budget is provided through an agreement with the
Transit Division of MassDOT. Local funds are derived from community assessments based on the number of route miles and special services operated within each community.
The Merrimack Valley Planning Commission will provide the 20% match for the planning activities it will conduct for the Merrimack Valley Regional Transit Authority under its
Section 5307 transit planning contract with the Authority.
Draft FFYs 2022-2026 MVMPO TIP April 2021 75

Section 5309 (continued in FAST Act) - funds capital projects in urban areas which can be characterized as major capital investments in public transportation equipment and facilities. This is a discretionary grant program.

Funding: Federal - 80%, State - 20% (Transportation Bond Issue)

Section 5310 (continued in FAST Act))- provides capital funds, through the State, to private non-profit corporations and organizations to assist them in providing transportation services to meet the special needs of elderly and disabled persons.

Funding: Federal - 80%, Funding Applicant - 20%

Section 5339 (continued in FAST Act) - provides capital funds, through the State, for bus and bus related equipment and facilities.

Funding: Federal - 80%, Funding Applicant - 20%

State Transit Funding

Operating Assistance

State Contract Assistance (SCA) annual State funding which can be used for Federal oper- ating expenses and as part of the match for Federal transit operating funding programs.

State Capital Assistance

Regional Transit Authority Capital Assistance Program (RTACAP) annual State funding
which can be used to provide the match for Federal transit capital funding programs.
Draft FFYs 2022-2026 MVMPO TIP April 2021 76

Organization of Project Listings – Highway Projects

The TIP includes sections that identify the MPO’s priority road and bridge projects using a format prescribed by MassDOT’s Office of Transportation Planning. MassDOT is aligning the FFYs 2022 to 2026 Statewide Transportation Improvement Program (STIP) with the MassDOT Capital Investment Plan (CIP). The CIP identifies three capital planning priorities: reliability, modernization and expansion investments. The STIP will now align program names with CIP investment priorities as follows:
Reliability

• Bridge program (including investments in inspections, systematic maintenance, on- system NHS bridges, on-system non-NHS bridges, and off-system bridges)

• Interstate pavement program

• Non-Interstate DOT pavement program

• Roadway improvements program

• Safety improvements program

Modernization

• ADA retrofits program

• Intersection improvements program

• Intelligent Transportation Systems program

• Roadway reconstruction program

Expansion

• Bicycles and Pedestrians program

• Capacity program

For the FFYs 2022 to 2026 TIP, the Regional Target funding amounts, distributed via statewide formula to the regions across the state, are initially programmed by the regions as STBG (also known as STP) funding category projects and MassDOT will inform regions if projects are to be partitioned by the HSIP, CMAQ and TAP categories.

Section 1A / Regionally Prioritized Projects

• Federal-Aid STBG Projects Using MVMPO Target Authority (STBG)

• Federal-Aid HSIP Projects Using MVMPO Target (HSIP)

• Federal-Aid CMAQ Projects Using MVMPO Target (CMAQ)

• Federal-Aid TAP (now set aside of STBG funding) Projects Using MVMPO Target

(TAP)
Draft FFYs 2022-2026 MVMPO TIP April 2021 77

Section 1B / Earmark or Discretionary Grant Funded Projects (Provided by MassDOT)

• Federal-Aid Earmark or Discretionary Grant Funded Projects

Section 2A / State Prioritized Reliability Projects (Provided by MassDOT)

• Bridge Program / Inspections

• Bridge Program / Off-System

• Bridge Program / On-System (NHS)

• Bridge Program / On-System (Non-NHS)

• Bridge Program / Systematic Maintenance

• Interstate Pavement

• Non-Interstate Pavement

• Roadway Improvements

• Safety Improvements

Section 2B / State Prioritized Modernization Projects (Provided by MassDOT)

• ADA Retrofits

• Intersection Improvements

• Intelligent Transportation Systems

• Roadway Reconstruction

Section 2C / State Prioritized Expansion Projects (Provided by MassDOT)

• Bicycles and Pedestrians

• Capacity

Section 3 / Planning / Adjustments / Pass-throughs (Provided by MassDOT)

• Planning / Adjustments / Pass-throughs

Section 4 / Non-Federally Aided Projects (Provided by MassDOT)

• Non-Federal Aid

Draft FFYs 2022-2026 MVMPO TIP April 2021 78
Each highway project in the TIP contains the following information:

Amendment/Adjustment Type – used to identify the type of amendment when changes are made to the document.

STIP Program – STIP program names as defined in the Organization of Highway Project

Listings section above.

MassDOT Project ID - project identification numbers given by MassDOT for each highway and bridge project.

MPO – identifies the Metropolitan Planning Organization within which the project is located.

Municipality Name – identifies the community where the project is located.

MassDOT Project Description–includes the community, or communities, in which the project is located and a brief description of work to be funded under the project. This description is exactly the same as MassDOT has input to its project information pages.

MassDOT District -MassDOT highway district number (Merrimack Valley MPO is part of

District 4);

Funding Source - abbreviation for the funding category from which funding is expected. (Funding categories and abbreviations are explained at the beginning of Part A.8.);

Total Programmed Funds- estimated cost of project in Fiscal Year in which advertising is expected; *

Federal Funds – portion of Total Programmed Funds provided by Federal Funding;

Non-Federal Funds– portion of Total Programmed Funds not provided by Federal Funding, but required as matching funds in order to receive Federal Funds;

Additional Information - a) Planning / Design / Construction; b) total project cost and funding sources used; c) advance construction status; d) MPO project score; e) name of entity receiving a transfer; f) name of entity paying the non-State Non-Federal match; g) earmark details; h) TAP project proponent; i) other information.

* Inflation increases project costs and therefore the project costs have been increased by

4% each future year of the TIP.

Draft FFYs 2022-2026 MVMPO TIP April 2021 79

Organization of Project Listings – Transit Projects

Each transit project in the TIP contains the following information: Division ID – Transit Project ID from MassDOT

Agency – MVRTA (Merrimack Valley Regional Transit Authority) is the regional transit authority;

Project Title – the project title from MassDOT

Federal Funds – Portion of Total Programmed Funds provided by Federal Funding;

RTACAP – Regional Transit Authority State Capital Assistance - portion of Total Programmed Funds not provided by Federal Funding, but required as matching funds in order to receive Federal Funds, coming from State source;

SCA – State Contract Assistance - portion of Total Programmed Funds not provided by Federal Funding, but required as matching funds in order to receive Federal Funds, coming from State source;

TDC –Transportation Development Credits, and

Local Funds – portion of Total Programmed Funds not provided by Federal Funding but required as matching funds in order to receive Federal Funds, coming from local funding sources other than State funding sources.

Total - estimated total cost of project.

Draft FFYs 2022-2026 MVMPO TIP April 2021 80

Part B. Project Listings

Highway Projects

Draft FFYs 2022-2026 MVMPO TIP April 2021 81

*Only includes funds counting against obligation authority

Merrimack Valley Region Program

Draft FFYs 2022-2026 MVMPO TIP April 2021 82

*Only includes funds counting against obligation authority

Merrimack Valley Region Program

Draft FFYs 2022-2026 MVMPO TIP April 2021 83

*Only includes funds counting against obligation authority

Merrimack Valley Region Program

Draft FFYs 2022-2026 MVMPO TIP April 2021 84

*Only includes funds counting against obligation authority

Merrimack Valley Region Program

Draft FFYs 2022-2026 MVMPO TIP April 2021 85

*Only includes funds counting against obligation authority

Merrimack Valley Region Program

Draft FFYs 2022-2026 MVMPO TIP April 2021 86

Part B. Project Listings (Cont.)

Transit Projects

Draft FFYs 2022-2026 MVMPO TIP April 2021 87

FTA Section 5307

TIP FFYs 2022 – 2026 Transit Projects

2022

Draft FFYs 2022-2026 MVMPO TIP April 2021 88

Non-Federal Aid

TIP FFYs 2022 – 2026 Transit Projects

2022 (Cont.)

* TDC (Transportation Development Credits) are not included in totals.
** The Federal dollars are being Flexed to FTA from Highway Regional Target Funding
Draft FFYs 2022-2026 MVMPO TIP April 2021 89

FTA Section 5307

TIP FFYs 2022 – 2026 Transit Projects

2023

Draft FFYs 2022-2026 MVMPO TIP April 2021 90

Non-Federal Aid

TIP FFYs 2022 – 2026 Transit Projects

2023 (Cont.)

* The Federal dollars are being Flexed to FTA from Highway Regional Target Funding
Draft FFYs 2022-2026 MVMPO TIP April 2021 91

FTA Section 5307

TIP FFYs 2022 – 2026 Transit Projects

2024

Draft FFYs 2022-2026 MVMPO TIP April 2021 92

FTA Section 5307

TIP FFYs 2022 – 2026 Transit Projects

2025

Draft FFYs 2022-2026 MVMPO TIP April 2021 93

FTA Section 5307

TIP FFYs 2022 – 2026 Transit Projects

2026

Draft FFYs 2022-2026 MVMPO TIP April 2021 94

Summary of Highway Project Listings by Town

Draft FFYs 2022-2026 MVMPO TIP April 2021 95

Summary of Highway Projects by Town

(2022 to 2026 Regional Target Funds)

* North Andover Route 114 is AC’d FFY 2024 to 2026, FFY 2027 = $ 10,001,905, Total
Project Cost =$35,394,776
Draft FFYs 2022-2026 MVMPO TIP April 2021 96

Summary of Programmed Highway Funds by Town

(2022 to 2026 Regional Target Funds)

Draft FFYs 2022-2026 MVMPO TIP April 2021 97

Summary of Highway Projects by Town

(2022 to 2026 Statewide and Regional Target Funds)

* Andover (# 606522) is AC’d FFY 2024 to 2028, Total Project Cost =$186,921,000
Haverhill (# 605304) is AC’d FFY 2024 to 2028, Total Project Cost = $112,166,208
Haverhill (# 605306) is AC’d FFY 2018 to 2022, Total Project Cost = $108,833,832
Haverhill (# 609466) is AC’d FFY 2024 to 2027, Total Project Cost = $99,783,090
Draft FFYs 2022-2026 MVMPO TIP April 2021 98

Summary of Highway Projects by Town

(2022 to 2026 Statewide and Target Funds) (Cont.)

Draft FFYs 2022-2026 MVMPO TIP April 2021 99

Summary of Highway Projects by Town

(2022 to 2026 Statewide and Target Funds) (Cont.)

* North Andover Route 114 is AC’d FFY 2024 to 2026, FFY 2027 = $ 10,001,905, Total
Project Cost =$35,394,776
Draft FFYs 2022-2026 MVMPO TIP April 2021 100

Summary of Programmed Highway Funds by Town

(2022 to 2026 Statewide and Regional Target Funds)

Draft FFYs 2022-2026 MVMPO TIP April 2021 101
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Draft FFYs 2022-2026 MVMPO TIP April 2021 102

Part C. Federal Requirements

Draft FFYs 2022-2026 MVMPO TIP April 2021 103

Part C.1. Highway Program Financial Plan

The TIP must be financially constrained, meaning projects included in the TIP must have
an identified funding source. Funding levels for Federal Fiscal Years 2022-2026 have been developed cooperatively between the State and the MPOs as part of the TIP development process. The following tables depict the resulting financial plan for each of the five fiscal years. MassDOT receives a funding “Apportionment” or estimate of total available federal funding from the Federal Highway Administration (FHWA) then Congress looks at the budget each year and places a limit on how much can be spent from the expected highway Apportionment resulting in the obligation limitation MassDOT can spend in federal funding each year. The Proposed Base Obligation Authority estimated is based on a 2.1% growth rate from the actual FFY 2021 apportionment and average Fast Act Obligation Authority of
91% through FFY 2020. This estimated Proposed Base Obligation Authority is less than
the current estimated Base Obligation Authority, the MassDOT Highway Division programs are being revised based on new Accelerated Bridge Program (ABP) Grant Application Notes (GANs) repayment schedule and the proposed lower Obligation Authority, no changes are being made to the MPO TIP Targets for FFY 2022 to 2025. This estimated Base Obligation Authority is listed first to which is added a “Planned redistribution request” estimated to be $50,000,000 each year of the TIP. (Toward the end of the FFY any state that has not spent their Federal Obligation Authority returns that authority, and the Federal government redistributes those funds to the other states.) The Total estimated Federal Funds available to Massachusetts is estimated to be between approximately 667 million dollars and 720 million dollars for each of FFYs 2022 to 2026. The State then subtracts annual debt service payments for the Accelerated Bridge Program (ABP) Grant Application Notes (GANs) which range from 82 million dollars to more than 133 million dollars for each year over the five years of the TIP. Resulting in the Total non-earmarked funding available to the State ranging from 581 million dollars to 599 million dollars depending on the ABP GANS repayment schedule.
The funding for regional priorities remains 198.6 million dollars in 2022, 203 million dollars in 2023, 205.6 million dollars in 2024, and 200.8 million dollars in 2025. The amount available to the regions is less in 2026, in line with the estimated reduced base Obligation Authority, as well as the increase in the ABP GANS repayment in 2026, to 195.6 million dollars. The State generally provides the 20% match required for the Federal funds resulting in estimated funds ranging from approximately 244.5 million dollars to approximately 257 million dollars available for regional funding priorities for each of the five
years of the TIP.
Draft FFYs 2022-2026 MVMPO TIP April 2021 104
This funding is then allocated to MPOs based upon the existing Massachusetts Association of Regional Planning Agencies (MARPA) TIP target distribution formula. This “MARPA” formula is based mainly on each MPO’s road mileage and population. The MVMPO’s share is 4.4296%, resulting in the total funding available for MVMPO regional priorities with the 20% State match to be: $10,998,131 in FFY 2022; $11,238,340 in FFY
2023; $11,385,638 in FFY 2024: $11,119,839 in FFY 2025 and $10,831,078 in FFY 2026.
In FFY 2017 MassDOT ended funding for the regional major infrastructure program after the I-91 Viaduct in Springfield project had been completed. These funds will be reallocated to the Regional Target program for prioritization by MPOs across the state.
Inflation increases project costs and therefore project costs have been increased 4% per year.
Draft FFYs 2022-2026 MVMPO TIP April 2021 105

FFY 2022-2026 STIP

2022-2026 RegionalTarget Budgets (DRAFT)

Highway OIVIS!Ofl Programs"• $

$ $ 399,404,030 67 $

$ $ 3

$ 411,631,128 04

$ 402,021,533 00 $

Delta (TFPC) $

12026 Proposed

ObligatiOn authority

(21,059,327.78)

$ (21,498,511.25) $ (21,946,853.78) $ (22,404,546.11)

: . V'" • I : . :

se Obligation Authority based on2.196 growth rate from actual FFY 2021 apporlionment

and avetage of Fast Act Obligation Aulhority (9196) thrt:Jcq'l FFY 2020

i.....'-E A i lml!li:lmlliJ.liJilll:":MPO;: TIP taHriggehtswwary Dbievihseioldnhparorgmrlaemssstaotme btheiengchfea'tnhg.sed.,bparsoepdoosendnCe>wbiAgSatPioGn ANtShority

andObligation AIAI>ority

195,612,737.16 $ 244,515,676.93

Hi 391,581,790.41 $ 489,477,482.53

Draft FFYs 2022-2026 MVMPO TIP April 2021 106

The following table shows the total federal programmed amounts in this TIP for each of the five years covered in this document. The funding summaries below show the total Operating and Maintenance costs versus Capital and Other costs, for each year of the TIP. A fiscal constraint finding for the State Transportation Improvement Program will include the cost of operating
and maintaining the existing MVMPO transportation system.

Highway Program Financial Plan Table

Merrimack Valley Metropolitan Planning Organization FFY 2022-2026 Transportation Improvement Program (FHWA - related funding categories only)

Total Costs including Federal and State Match*

Figures include Federal Aid “target” program & statewide funding

* Millions of dollars
The financial plan contained herein is financially constrained and indicates that the Merrimack Valley Metropolitan Planning Organization's FFYs 2022-2026 TIP reflects an emphasis on the maintenance and operation of the current roadway and bridge system with the ability to provide additional capital improvements. Only projects for which funds can be expected have been included.
Appendix B of this document includes a list of Non-federal-aid transportation projects in the region. The projects listed in Appendix B are an integral part of the planning, programming, and priority setting process of the MVMPO but have no available funding source.
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Summary of Highway Funding Categories

The following tables contain a breakdown of the project cost totals and federal aid cost portions by federal aid funding categories for each fiscal year and the expected available resources to cover the cost.

Cost Estimates and Available Resources

Summary by Funding Category

Highway Projects Federal Fiscal Year 2022

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Cost Estimates and Available Resources

Summary by Funding Category

Highway Projects Federal Fiscal Year 2023

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Cost Estimates and Available Resources

Summary by Funding Category

Highway Projects Federal Fiscal Year 2024

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Cost Estimates and Available Resources

Summary by Funding Category

Highway Projects Federal Fiscal Year 2025

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Cost Estimates and Available Resources

Summary by Funding Category

Highway Projects Federal Fiscal Year 2026

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Part C. 2. Transit Program Financial Plan

MVRTA Financial Status

The FAST Act requires that projects appearing in the TIP must have an identified source of funding that will allow them to be completed within the time period contemplated. Transit projects appearing in the FY 2022-2026 TIP meet this criterion.
The MVRTA is apportioned FTA Section 5307, 5337, and 5339 funds directly based on urbanized area population and the 20 agreed-upon funding splits between other public transit agencies that fall into the Urbanized Zone Area (UZA). The following tables depict the resulting financial plan for each of the five fiscal years.

Planning Justification for Transit Projects

The Merrimack Valley region's FFYs 2022-2026 TIP federal aid transit projects are to be carried out using Sections 5307 funding received by the MVRTA from the FTA with the exception of the provision of operating assistance, the planning justification for the Section
5307 projects are contained in the Merrimack Valley Regional Transit Authority's Five-Year
Capital Program for 2022-2026.
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Transit Program Financial Plan Table

Merrimack Valley Metropolitan Planning Organization FFYs 2022-2026 Transportation Improvement Program (FTA related funding categories only)

Total Costs including Federal, State and Local*

* Millions of dollars
Draft FFYs 2022-2026 MVMPO TIP April 2021 114

Summary of Transit Funding Categories

Cost Estimates and Available Resources

Summary by Funding Category

2022 Transit Projects

FTA Funding Program Summaries (Federal dollars only)

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Cost Estimates and Available Resources

Summary by Funding Category

2023 Transit Projects

FTA Funding Program Summaries (Federal dollars only)

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Cost Estimates and Available Resources

Summary by Funding Category

2024 Transit Projects

FTA Funding Program Summaries (Federal dollars only)

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Cost Estimates and Available Resources

Summary by Funding Category

2025 Transit Projects

FTA Funding Program Summaries (Federal dollars only)

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Cost Estimates and Available Resources

Summary by Funding Category

2026 Transit Projects

FTA Funding Program Summaries (Federal dollars only)

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MVRTA Transit Operations and Maintenance Summary Table

State Fiscal Year 2020 (Actual), 2021 (Adopted Budget), and 2022 to 2026 (Projected)

The numbers below represent actual numbers for the previous year, the current year budget/forecast approved by the MVRTA Advisory Board, and Projections for the out-years. These numbers indicate that there are sufficient revenues projected to meet the operating needs of the MVRTA.

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MVRTA Transit Operations and Maintenance Summary Table

State Fiscal Year 2020 (Actual), 2021 (Adopted Budget), and 2022 to 2026 (Projected) (Continued)

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MVRTA Transit Operations and Maintenance Summary

State Fiscal Year 2020 (Actual), 2021 (Adopted Budget), and 2022 to 2026 (Projected) (Continued)

Footnotes:

* Fully funded refers to contract work often to Human Service Agencies

** Operating assistance provided by the State
*** Description of Operating Expenses: Salaries and Wages; Fringe Benefits: Legal, Accounting and Professional Services; Promotion/Marketing; Insurance; Equipment Leases and Rentals; Real Property Leases and Rentals; Non-capitalized Maintenance/Repair; Fuel costs; Tire costs; Office Supplies and Equipment; Interest expense; Utilities; Management Fees;
Travel and Training; and Other miscellaneous expense items.
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Part C. 3. Status on Implementation of FFY 2021 TIP Projects

FFY 2021 Highway Project List

Regional Target Projects

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Part C. 3. Status on Implementation of FFY 2021 TIP Projects

FFY 2021 Transit Project List

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Part C. 3. Status on Implementation of FFY 2021 TIP Projects

FFY 2021 Transit Projects (Cont.)

*TDC Transportation Development Credits are not included in Totals

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Part C. 3. Status on Implementation of FFY 2021 TIP Projects

FFY 2021 Transit Projects (Cont.)

*TDC Transportation Development Credits are not included in Totals

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Part C. 3. Status on Implementation of FFY 2021 TIP Projects

FFY 2021 Transit Projects (Cont.)

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Part C. 4. Air Quality Conformity

Air Quality Conformity Determination

Merrimack Valley Metropolitan Planning Organization (MVMPO) FFY 2022-2026 Transportation Improvement Program

This section documents the latest air quality conformity determination for the 1997 ozone National Ambient Air Quality Standards (NAAQS) in the MVMPO Region. It covers the applicable conformity requirements according to the latest regulations, regional designation status, legal considerations, and federal guidance. Further details and background information are provided below:

Introduction

The 1990 Clean Air Act Amendments (CAAA) require metropolitan planning organizations within nonattainment and maintenance areas to perform air quality conformity determinations prior to the approval of Long-Range Transportation Plans (LRTPs) and Transportation Improvement Programs (TIPs), and at such other times as required by regulation. Clean Air Act (CAA) section 176(c) (42
U.S.C. 7506(c)) requires that federally funded or approved highway and transit activities are con-
sistent with (“conform to”) the purpose of the State Implementation Plan (SIP). Conformity to the purpose of the SIP means that Federal Highway Administration (FHWA) and Federal Transit Ad- ministration (FTA) funding and approvals are given to highway and transit activities that will not cause or contribute to new air quality violations, worsen existing violations, or delay timely attain- ment of the relevant NAAQS or any interim milestones (42 U.S.C. 7506(c)(1)). EPA’s transporta- tion conformity rules establish the criteria and procedures for determining whether metropolitan transportation plans, transportation improvement programs (TIPs), and federally supported high- way and transit projects conform to the SIP (40 CFR Parts 51.390 and 93).
A nonattainment area is one that the U.S. Environmental Protection Agency (EPA) has designated as not meeting certain air quality standards. A maintenance area is a nonattainment area that now meets the standards and has been re-designated as maintaining the standard. A conformity deter- mination is a demonstration that plans, programs, and projects are consistent with the State Imple- mentation Plan (SIP) for attaining the air quality standards. The CAAA requirement to perform a conformity determination ensures that federal approval and funding go to transportation activities
that are consistent with air quality goals.
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Legislative and Regulatory Background

The entire Commonwealth of Massachusetts was previously classified as nonattainment for ozone, and was divided into two nonattainment areas. The Eastern Massachusetts ozone nonattainment area included Barnstable, Bristol, Dukes, Essex, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties. Berkshire, Franklin, Hampden, and Hampshire counties comprised the Western Massachusetts ozone nonattainment area. With these classifications, the 1990 Clean Air Act Amendments (CAAA) required the Commonwealth to reduce its emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOx), the two major precursors to ozone formation to achieve attainment of the ozone standard.
The 1970 Clean Air Act defined a one-hour national ambient air quality standard (NAAQS) for ground-level ozone. The 1990 CAAA further classified degrees of nonattainment of the one-hour standard based on the severity of the monitored levels of the pollutant. The entire commonwealth of Massachusetts was classified as being in serious nonattainment for the one-hour ozone stand- ard, with a required attainment date of 1999.The attainment date was later extended, first to 2003 and a second time to 2007.
In 1997, the EPA proposed a new, eight-hour ozone standard that replaced the one- hour stand- ard, effective June 15, 2005. Scientific information had shown that ozone could affect human health at lower levels, and over longer exposure times than one hour. The new standard was chal- lenged in court, and after a lengthy legal battle, the courts upheld it. It was finalized in June
2004.The eight-hour standard is 0.08 parts per million, averaged over eight hours and not to be ex- ceeded more than once per year. Nonattainment areas were again further classified based on the severity of the eight-hour values. Massachusetts as a whole was classified as being in moderate nonattainment for the eight-hour standard, and was separated into two nonattainment areas— Eastern Massachusetts and Western Massachusetts.
In March 2008, EPA published revisions to the eight-hour ozone NAAQS establishing a level of
0.075 ppm, (March 27, 2008; 73 FR 16483). In 2009, EPA announced it would reconsider this standard because it fell outside of the range recommended by the Clean Air Scientific Advisory Committee. However, EPA did not take final action on the reconsideration so the standard would remain at 0.075 ppm.
After reviewing data from Massachusetts monitoring stations, EPA sent a letter on December 16,
2011 proposing that only Dukes County would be designated as nonattainment for the new pro- posed 0.075 ozone standard. Massachusetts concurred with these findings.
On May 21, 2012, (77 FR 30088), the final rule was published in the Federal Register, defining the
2008 NAAQS at 0.075 ppm, the standard that was promulgated in March 2008. A second rule pub- lished on May 21, 2012 (77 FR 30160), revoked the 1997 ozone NAAQS to occur one year after the July 20, 2012 effective date of the 2008 NAAQS.
Draft FFYs 2022-2026 MVMPO TIP April 2021 129
Also on May 21, 2012, the air quality designations areas for the 2008 NAAQS were published in the Federal Register. In this Federal Register, the only area in Massachusetts that was designated as nonattainment is Dukes County. All other Massachusetts counties were designated as attain- ment/unclassified for the 2008 standard. On March 6, 2015, (80 FR 12264, effective April 6, 2015) EPA published the Final Rulemaking, “Implementation of the 2008 National Ambient Air Quality Standards (NAAQS) for Ozone: State Implementation Plan Requirements; Final Rule.” This rule- making confirmed the removal of transportation conformity to the 1997 Ozone NAAQS and the re- placement with the 2008 Ozone NAAQS, which (with actually a stricter level of allowable ozone concentration than the 1997 standards) classified Massachusetts as “Attainment/unclassifiable” (except for Dukes County).
However, on February 16, 2018, the United States Court of Appeals for the District of Columbia Circuit in South Coast Air Quality Mgmt. District v. EPA (“South Coast II,” 882 F.3d 1138) held that transportation conformity determinations must be made in areas that were either nonattainment or maintenance for the 1997 ozone NAAQS and attainment for the 2008 ozone NAAQS when the
1997 ozone NAAQS was revoked. These conformity determinations are required in these areas
after February 16, 2019. On November 29, 2018, EPA issued Transportation Conformity Guidance for the South Coast II Court Decision (EPA-420-B-18-050, November 2018) that addresses how transportation conformity determinations can be made in areas. According to the guidance, both Eastern and Western Massachusetts, along with several other areas across the country, are now defined as “orphan nonattainment areas” – areas that were designated as nonattainment for the
1997 ozone NAAQS at the time of its revocation (80 FR 12264, March 6, 2015) and were desig- nated attainment for the 2008 ozone NAAQS in EPA’s original designations rule for this NAAQS (77 FR 30160, May 21, 2012).

Current Conformity Determination

After 2/16/19, as a result of the court ruling and the subsequent federal guidance, transportation conformity for the 1997 NAAQS – intended as an “anti-backsliding” measure – now applies to both of Massachusetts’ orphan areas. Therefore, a conformity determination was made for the 1997 ozone NAAQS on the 2020-2040 Regional Transportation Plans. This conformity determination
was finalized in July 2019 following each MPO’s previous endorsement of their regional transporta- tion plan, and approved by the Massachusetts Divisions of FHWA and FTA on October 15, 2019. This conformity determination continues to be valid for the MVMPO FFY 2022-2026 Transportation Improvement Program, and Massachusetts’ FFY 2022-2026 STIP, as each is developed from the conforming 2020-2040 Regional Transportation Plans.
The transportation conformity regulation at 40 CFR 93.109 sets forth the criteria and procedures for determining conformity. The conformity criteria for TIPs and RTPs include: latest planning assump- tions (93.110), latest emissions model (93.111), consultation (93.112), transportation control measures (93.113(b) and (c), and emissions budget and/or interim emissions (93.118 and/or
93.119).
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For the 1997 ozone NAAQS areas, transportation conformity for TIPs and RTPs for the 1997 ozone NAAQS can be demonstrated without a regional emissions analysis, per 40 CFR 93.109(c). This provision states that the regional emissions analysis requirement applies one year after the effective date of EPA’s nonattainment designation for a NAAQS and until the effective date of revo- cation of such NAAQS for an area. The 1997 ozone NAAQS revocation was effective on April 6,
2015, and the South Coast II court upheld the revocation. As no regional emission analysis is re- quired for this conformity determination, there is no requirement to use the latest emissions model, or budget or interim emissions tests.
Therefore, transportation conformity for the 1997 ozone NAAQS for the MVMPO FFY 2022-2026
Transportation Improvement Program and 2020-2040 Regional Transportation Plans can be demon- strated by showing that remaining requirements in Table 1 in 40 CFR 93.109 have been met. These requirements, which are laid out in Section 2.4 of EPA’s guidance and addressed below, include:
Latest planning assumptions (93.110)

• Consultation (93.112)

• Transportation Control Measures (93.113)

• Fiscal Constraint (93.108)

Latest Planning Assumptions:

The use of latest planning assumptions in 40 CFR 93.110 of the conformity rule generally apply to regional emissions analysis. In the 1997 ozone NAAQS areas, the use of latest planning assump- tions requirement applies to assumptions about transportation control measures (TCMs) in an ap- proved SIP (See following section on Timely Implementation of TCMs).

Consultation:

The consultation requirements in 40 CFR 93.112 were addressed both for interagency consultation and public consultation. Interagency consultation was conducted with FHWA, FTA, US EPA Region
1, MassDEP, and the Massachusetts MPOs on March 6, 2019 to discuss the latest conformity-re- lated court rulings and resulting federal guidance. Regular and recurring interagency consultations have been held since on an (at least) annual schedule, with the most recent conformity consultation held on January 21, 2021. This ongoing consultation is conducted in accordance with the following:

• Massachusetts’ Air Pollution Control Regulations 310 CMR 60.03 “Conformity to the State Implementation Plan of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 USC or the Federal Transit Act”

• The Commonwealth of Massachusetts Memorandum of Understanding among the Massachusetts Department of Transportation, Massachusetts Department of Environmental Protection, Massachu- setts Metropolitan Planning Organizations, and Regional Transit Authorities, titled The Conduct of

Air Quality Planning and Coordination for Transportation Conformity (dated September 16, 2019)

Public consultation was conducted consistent with planning rule requirements in 23 CFR 450.
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Title 23 CFR Section 450.324 and 310 CMR 60.03(6)(h) requires that the development of the TIP, Regional Transportation Plan (RTP), Unified Planning Work Program (UPWP) and Public Par- ticipation Plan (PPP) related certification documents provide an adequate opportunity for public re- view and comment. Section 450.316(b) also establishes the outline for MPO public participation programs. The Merrimack Valley MPO's Public Participation Plan was formally adopted in 2017 and can be found on the MVPC website at https://mvpc.org/wp-content/uploads/MVMPO-final-PPP-as- Amended-through-March-2017-1.pdf. The Public Participation Plan ensures that the public will have access to the TIP/RTP/UPWP and PPP and all supporting documentation, provides for public notifi- cation of the availability of the Draft TIP/RTP/UPWP and PPP documents as well as Draft Amend- ments to these documents and the public's right to review the documents and comment thereon, and provides a 21-day public review and comment period prior to the adoption of the TIP/RTP and UPWP and a 45-day public review and comment period for the PPP and related certification docu- ments.
The public comment period for this conformity determination commenced on May 5, 2021. During the 21-day public comment period, any comments received were incorporated into this Plan. This allowed ample opportunity for public comment and MPO review of the draft document. The public comment period will close on May 25, 2021 and subsequently, the Merrimack Valley MPO is ex- pected to endorse this air quality conformity determination before May 31, 2021. These procedures comply with the associated federal requirements.

Timely Implementation of Transportation Control Measures:

Transportation Control Measures (TCMs) have been required in the SIP in revisions submitted to EPA in 1979 and 1982. All SIP TCMs have been accomplished through construction or through im- plementation of ongoing programs. All of the projects have been included in the Region's Trans- portation Plan (present or past) as recommended projects or projects requiring further study.

Fiscal Constraint:

Transportation conformity requirements in 40 CFR 93.108 state that TIPs and transportation plans and must be fiscally constrained consistent with DOT’s metropolitan planning regulations at 23
CFR part 450. The MVMPO 2022-2026 Transportation Improvement Program and 2020-2040 Re- gional Transportation Plan are fiscally constrained, as demonstrated in this document.
In summary and based upon the entire process described above, the Merrimack Valley MPO has prepared this conformity determination for the 1997 Ozone NAAQS in accordance with EPA’s and Massachusetts’ latest conformity regulations and guidance. This conformity determination process demonstrates that the FFY 2022-2026 Transportation Improvement Program and the 2020-2040
Regional Transportation Plan meet the Clean Air Act and Transportation Conformity Rule require-
ments for the 1997 Ozone NAAQS, and have been prepared following all the guidelines and re- quirements of these rules during this time period.
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Therefore, the implementation of the Merrimack Valley MPO’s FFY 2022-2026 Transportation Im- provement Program and the 2020-2040 Regional Transportation Plan are consistent with the air
quality goals of, and in conformity with, the Massachusetts State Implementation Plan.
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Part C. 5. Special Efforts - ADA

Projects Required for Implementation of ADA

Another requirement of 23 CFR 450.324 is that projects required for the implementation of the Americans with Disabilities Act (ADA) should be so marked. There are no projects in this TIP listing that are required for the implementation of the Americans with Disabilities Act and therefore no projects are marked as such. There are projects to replace existing accessible transit vehicles with new accessible transit vehicles, but these are replacements not implementations.

Part C. 6. Title VI Notice to Beneficiaries

The Merrimack Valley Planning Commission (MVPC) operates its programs, services and activities in compliance with federal nondiscrimination laws including Title VI of the Civil Rights Act of 1964 (Title VI), the Civil Rights Restoration Act of 1987, and related statutes and regulations. Title VI prohibits discrimination in federally assisted programs and requires that no person in the United States of America shall, on the grounds of race, color or national origin (including limited English proficiency) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance. Related federal nondiscrimination laws administrated by the Federal Highway Administration, the Federal Transit Administration, or both, prohibit discrimination on the basis of age, sex and disability. These protected categories are contemplated within MVPC’s Title VI Program consistent with federal interpretation and administration. Additionally, MVPC provides meaningful access to its programs, services, and activities to individuals with limited English proficiency, in compliance with U.S. Department of Transportation policy and guidance on federal Executive Order 13166.
MVPC also complies with the Massachusetts Public Accommodation Law, M.G.L. Chapter 272, Sections 92a, 98, and 98a prohibiting making any distinction, discrimination, or restriction in admission to or treatment in a place of public accommodation based upon race, color, religious creed, national origin, sex, sexual orientation, disability, or ancestry. Likewise, MVPC complies with the Governor’s Executive Order 526, Section 4 requiring that all of its programs, activities, and services provided, performed, licensed, chartered, funded, regulated, or contracted for shall be conducted without unlawful discrimination based upon race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry,

national origin, disability, veteran’s status (including Vietnam-era veterans), or background.

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Additional Information

To request additional information regarding Title VI and related federal and state nondiscrimination obligations, please contact:
Title VI Program Coordinator
Merrimack Valley Metropolitan Planning Organization c/o Merrimack Valley Planning Commission
160 Main Street
Haverhill, MA 01830-5061 (978) 374-0519, extension 15 [email protected]

Complaint Filing

To file a complaint alleging a violation of Title VI or related federal nondiscrimination law, contact the Title VI Program Coordinator (above) within one hundred and eighty (180) days of the alleged discriminatory conduct.
To file a complaint alleging a violation of the Commonwealth’s Public Accommodation Law, contact
the Massachusetts Commission Against Discrimination within three hundred (300) days of the alleged discriminatory conduct at:
Massachusetts Commission Against Discrimination (MCAD) One Ashburton Place, 6th Floor
Boston, MA 02109 (617) 994-6000
TTY: (617) 994-6196

Translation

English

If this information is needed in another language, please contact the MVMPO Title
VI/Nondiscrimination Coordinator at 978-374-0519 ext. 15.

Spanish

Si necesita esta información en otro idioma, por favor contacte al coordinador de MVMPO del Tí- tulo VI/Contra la Discriminación al 978-374-0519 ext. 15.

Portuguese

Caso estas informações sejam necessárias em outro idioma, por favor, contate o Coordenador de
Título VI e de Não Discriminação da MVMPO pelo telefone 978-374-0519, Ramal 15.
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