Background/Analysis/Issues:

A Memorandum of Understanding (MOU) exists between DVRPC, North Jersey Transportation Planning Authority (NJTPA), South Jersey Transportation Planning Organization (SJTPO), NJ DOT, and NJ TRANSIT to establish agreed upon procedures for modifying or amending the TIP for New Jersey, as required by federal regulations. From time to time, this MOU requires changes or revisions to improve, clarify, or streamline the process to advance all TIP programmed projects as quickly as possible. The MOU is structured in a tiered manner to deal with cost increases, allowing some changes below a certain threshold to occur without further action by DVRPC and other changes within a specified range to occur by an administrative action of the Executive Director, while all other changes require formal action by the Regional Technical Committee’s recommendation to the DVRPC Board.  

This action adopts a new MOU for the New Jersey TIP/STIP that will continue to consistently address TIP actions throughout the state. There has been a statewide effort over the last year to update the set of procedures with the intent of streamlining the process and providing consistency. Changes to the existing MOU address several issues:

• Updates to definitions of relevant terms and acronyms.
• Language to outline circumstances that impact federal transit funding for NJ TRANSIT and PATCO with regards to Prior-Year Unobligated Balances.
• Changes to cost thresholds for TIP Actions that are classified as informational and administrative to more appropriately address current project costs and increases, and for formal actions that require RTC and/or DVRPC Board approval.

In general, there are three types of modifications. They are detailed below, along with the level of action required. Specific cost thresholds are detailed in the draft MOU.

• Informational Modifications
  • Do not require action by RTC or Board
• Administrative Modifications
  • Do not require action by RTC or Board
  • Are handled by the Executive Director in consultation with affected subregions
• Committee Modifications and Board Actions
  • Require RTC and Board review

Please note that with Committee Modifications, DVRPC will continue our established policy to invoke the clause that states, “the Executive Director of the MPO can determine at any time that Board action is necessary,” on page 12 of the MOU, and will generally take Committee Modifications to the DVRPC Board. The other MPOs only take Committee Modifications to their Technical Committees. The approach outlined for DVRPC allows DVRPC to have consistency across its Pennsylvania and New Jersey regions by bringing Committee Modifications to the Board, while also providing flexibility to respond to time-sensitive situations. For example, if the Committee Modification is requested towards the end of the Federal Fiscal Year and action is required before the Board is scheduled to hold a vote in order to secure funding, the Executive Director can direct the action to be a Committee Modification that only requires approval by the RTC.

All actions rising to the level of Minor or Major Amendments will be reviewed by both the RTC and Board.

Cost and Source of Funds:

N/A

The DVRPC Board approves the revised Memorandum of Understanding for Procedures to Amend or Modify the TIP for New Jersey.