NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION EXECUTIVE BOARD MEETING

Thursday, May 18, 2017, 10:00 A.M. NIRPC Lake Michigan Room

6100 Southport Road, Portage, IN

A G E N D A

Improvement Program

1. Legislative Committee – Blair Milo

   
   

2. INDOT, Rick Powers, La Porte District Deputy Commissioner

   
   

3. Other Business

   
   

4. Public Comment

   
   

5. Announcements

   
   

6. Adjournment

   
   

   The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.

   NIRPC Full Commission Meeting 6100 Southport Road, Portage, IN April 20, 2017

   Minutes

   
   

   Call to Order

   Chairman Michael Griffin called the meeting to order at 9:10 a.m. with the Pledge of Allegiance and self-introductions.

   
   

   Executive Board members present included Geof Benson, Karen Freeman-Wilson, Michael Griffin, Justin Kiel, Blair Milo, Diane Noll, Greg Stinson and James Ton.

   
   

   Other Commissioners present included Kyle Allen, Jr., Christopher Anderson, Jan Bapst, Tim Bietry, Kevin Breitzke, Robert Carnahan, Lori Collmar, Jon Costas, Bill Emerson, Jr., Will Farrellbegg, Tom Fath, Richard Hardaway, Jack Jeralds, Tim Jones, Christian Jorgensen, Andrew Kyres, Jeff Larson, Tom Schmitt, Dave Shafer, Mary Tanis and George Topoll.

   
   

   Guests present included Rick Powers, Lyndsay Quist, Jean Manna, Zully Alvarata, Matt Deitchley, Pam Eanes, Tim Zorn, David Wright, Bill McCall, George Van Til, Nick Barbknecht, Tim Zorn and Andrew Steele. Joyce Newland and Mary Enright participated via conference phone.

   
   

   Staff present included Ty Warner, Kathy Luther, Mitch Barloga, Scott Weber, Gary Evers and Mary Thorne.

   
   

   Approval of Minutes

   The minutes of the March 16, 2017 meeting of the Executive Board meeting were approved on a motion by Kevin Breitzke and a second by Bob Carnahan.

   
   

   Report of the Chair

   Michael Griffin said that the Cline Avenue Bridge resolution of support for expediency in rebuilding the bridge will be tabled until he can meet with Mayor Anthony Copeland.

   
   

   Report of the Executive Director

   • Ty Warner reported that the CommuniTree launch will be held next Wednesday, April 26 in East Chicago to replant 50 trees to replace those affected by the Emerald Ash Borer.

   • Ty Warner said the Indiana Housing and Community Development Authority will launch the Moving Forward Program with a focus on Lake County.

   • There is no change in information on the MPO consolidation bill. There has been great bipartisan support to repeal the bill.

   • NIRPC received copies of letters signed by Senate and House subcommittees on appropriations by HUD regarding the capital investment grants program for New Starts and the Core Communities programs. Congressman Pete Visclosky and another representative signed a letter and a separate letter was signed by 93 house representatives for FY 2018 proposed budget. Thirty-three senators including Senator Donnelly signed a letter as well.

   • The TED-x Conference is this afternoon at County Line Orchard.

   
   

   Legislative Committee

   Blair Milo said an agreement on the road funding bill has come to Conference Committee. Local governments should be pleased to see it. There is a lot of discussion on the local match. A final vote will be taken tomorrow. The double tracking is moving forward rapidly and productively. Representative Slater’s HB 1144 combined TOD concept into double tracking and creating Transportation

   Development Districts (TDDs). Blair Milo will testify in Washington next week on the experience of the American worker.

   
   

   Environmental Management Policy Committee

   Geof Benson said the March minutes were in the packet. The committee heard presentations from the EPA on lead in the water in Flint and East Chicago. The committee will meet the first Thursday in May at 9 a.m. at NIRPC. Discussion was also held on priorities of the President’s skinny budget cutting a lot of funding to NOAA, Coastal, GLRI, EPA, etc.

   
   

   Technical Planning Committee

   • Kevin Breitzke reported that the Technical Planning Committee met on April 11 and heard a presentation by Kathy Luther regarding the “protected natural and rural areas” goal from the 2040 Comprehensive Regional Plan. The public comment period for the next amendment to the 2040 Comprehensive Regional Plan Update Companion and the FY 2018-2021 Transportation Improvement Program runs through Friday, April 21. See Mitch Barloga for details.

   • Scott Weber explained Resolution 17-08, the Congestion Management Process for the 2040 Comprehensive Regional Plan Companion Update, Amendment #4. On a motion by George Topoll and a second by Dave Shafer, the Commission voted to adopt Resolution 17-08.

   • Gary Evers explained Resolution 17-09, Amendment #35 to the FY 2016-2019 TIP. The amendment was submitted for a 7-day comment period and reviewed by the Interagency Consultation Group. On a motion by Jim Ton and a second by Greg Stinson and others, the Commission voted to adopt Resolution 7-09, Amendment #35 to the FY 2016-2019 TIP.

   • Gary Evers explained Resolution 17-10, the funding allocations requested by the Transportation Resource & Oversight Committee for Lake and Porter Counties. Geof Benson briefly explained the process for the benefit of the newer Commissioners. On a motion by Geof Benson and a second by George Topoll, the Commission voted to adopt Resolution 17-10.

   • The next meeting of the Technical Planning Committee is scheduled for April 11 at 9 a.m. at NIRPC.

   
   

   Indiana Department of Transportation

   Rick Powers reported that the public comment session held on April 11 was favorable and well attended with around 100 present. The deadline for additional comments is May 1. Wire thefts continue and it is hoped the thief will be caught. INDOT asks that salvagers be aware of what people are bringing in. Another public comment period will be held on April 27 on the widening of I-65 at Crown Point High School at 5 p.m. A completion timeline depends on funding. Commissioners commented about work INDOT did on various roads in the region. The Lake County Surveyor suggested looking at the Cline Avenue Bridge project and the impact it could have on congestion in the region.

   
   

   Other Business

   Mitch Barloga discussed trail counters and asked communities to purchase them. There are already three in Schererville and six in Whiting. Contact Mitch for more information.

   
   

   Public Comment

   • Pam Eanes, Munster, asked communities to think about ethics ordinances with regard to profiting from your own projects with regard to transportation development districts.

   • George Van Til, Merrillville, commented on low cost beautification landscaping in median strips.

   
   

   Announcements

   • Michael Griffin welcomed Councilman Tim Bietry, the Michigan City appointment to the NIRPC Commission.

   • Joyce Newland announced the FHWA/FTA certification review of NIRPC’s transportation process which will take place on July 18 and 19 and report out to the Commission at their meeting on July 20.

   • Mary Enright said INDOT is finalizing the UPWP and once the approval letters are received from FHWA, they will send the supplement agreement back to NIRPC on the UPWP planning funding.

   • Kevin Breitzke announced that the Porter County Expo Center is celebrating Earth Day on Saturday.

   • Bob Carnahan announced that the Lake County Advancement Committee meeting is tomorrow at Tiebel’s at noon on the Bi-state Kankakee Water Trail. Also, the Indiana Welcome Center will host Explore the South Shore on April 29 from 11 a.m. to 3 p.m.

   
   

   Adjournment

   Hearing no other business, Michael Griffin adjourned the meeting at 10:30 a.m.

   
   

   A Digital MP3 of this meeting is filed. Contact Mary Thorne at the phone or email below should you wish to receive a copy of it. DVD recordings will be available once they are received by NIRPC from the videographer.

   
   

   For requests for alternate formats, please contact Mary Thorne at NIRPC at (219) 763-6060 extension 131 or at mthorne@nirpc.org. Individuals with hearing impairments may contact us through the Indiana Relay 711 service by calling 711 or (800) 743-3333.

   
   

   The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.

   
   

   FINANCE AND PERSONNEL COMMITTEE

   Meeting Agenda Thursday

   May 18, 2017

   8:00 a.m.

   NIRPC Office Portage, Indiana

   
   

   1. Call to Order

      
      

   2. Meeting Minutes of March 16, 2017 (Page 1-2)

      
      

   3. Review of Financial Status (Page 3-4)

      
      

   4. Approval of Claims Register (Page )

      
      

   5. Employee Handbook Revisions (Page )

      
      

   6. Attorney Contract Process Discussion (Page )

      
      

   7. Vehicle Disposition Sale (Page )

      
      

   8. 2017 Budget Amendments (Page )

      
      

   9. Deep River Dam Study Contract (Page )

      
      

   10. Procurement Recommendations (Page )

       
       

   11. Other Business

       
       

   12. Adjournment

The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program.

Requests for alternate formats please contact Angie Hayes at (219) 763-6060 extension 104 or ahayes@nirpc.org. Individuals with hearing impairments may contact us through the Indiana Relay 711 service by calling 711 or (800) 743-3333.

NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

FINANCE AND PERSONNEL COMMITTEE

March 16, 2017 NIRPC Dune Room Portage, Indiana

Call to Order

The meeting was called to order at 8:14 a.m. by Dave Shafer.

Approval of Minutes

Dave Shafer presented the minutes of the February 16, 2017 meeting. Upon a motion by Christine Cid, seconded by Robert Carnahan, the Committee approved the minutes.

Review of Financial Status

Angie Hayes presented the financial report. At this time there are no cash issues to report. The Budget to Actual reports were presented to the Committee. The total expenditures of the General Fund for the period ending February 28, 2017 are at 10.17%.

Approval of Claims Register

Kelly Wenger presented the claims register to the Committee for approval. Upon a motion by Greg Stinson, seconded by Robert Carnahan, the Committee approved the claims register.

Procurement Recommendation

Angie Hayes presented procurement #17-04.01 to the Committee for the procurement of trees in the amount not to exceed $87,500. Upon a motion by Robert Carnahan, seconded by

Christine Cid, the Committee approved the procurement for recommendation to the Executive Board.

Kankakee River Basin Commission Contract

Angie Hayes presented the 2017 Kankakee River Basin Commission Contract. At this time the Kankakee River Basin Commission has already reviewed and approved the contract. Upon a motion by Dave Shafer, seconded by Christine Cid, the Committee approved the contract for recommendation to the Executive Board.

Title VI Program Resolution

Allen Hammond presented Resolution 17-06 to the Committee. Upon a motion by Greg Stinson, seconded by Diane Noll, the Committee approved the resolution for recommendation to the Executive Board.

Other Business

None reported.

Adjournment

There being no further business the meeting adjourned at 8:30 a.m.

PROPOSED 2017 BUDGET AMENDMENT‌

Additional Funds

Amendment 2: To add new revenue

$ 14,000

TO: Environmental Revenue and Contractual Expense

Purpose: To add new funds to the 2017 budget.

These funds are to add additional grant funds to expend for the Deep River Dam Study.

Amendment 3: To add new revenue

$ 2,000

TO: Other Revenue and Communication Expenses

Purpose: To add new funds to the 2016 budget.

These funds are for services provided to the Shared Ethics Advisory Commission.

DETAILED BUDGET LINE Original Addition Amended Revenue: Other Shared Ethics Advisory Commission - 2,000 2,000 Expenses: Communication Partner Agency 500 2,000 2,500

7

AGREEMENT BETWEEN THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AND FLATLAND RESOURCES, LLC. FOR THE DEEP RIVER DAM ENGINEERING FEASIBILITY STUDY PROCURED UNDER RFP 16-26

PART I. BASIC AGREEMENT

By Agreement entered into by and between the Northwestern Indiana Regional Planning Commission, hereinafter referred to as the Commission, and Flatland Resources, LLC. hereinafter referred to as the Contractor, the following is hereby mutually agreed to:

1. Construction of Agreement:

   This Agreement consists of three parts: (I) the basic agreement, (II) scope of work and (III) ) any and all general terms and conditions required by the Indiana Department of Natural Resources and the Department of Commerce, National Oceanic and Atmospheric Administration. Each of these parts is hereby made a part of this agreement. The Commission shall be governed by and the Contractor shall comply with all terms and conditions set forth within all parts of the Agreement.

   
   

2. Description of Services provided by the Contractor:

   The Contractor shall provide the following: Engineering Feasibility Study for the Deep River Dam. The Contractor shall perform the services to the satisfaction of the Commission as provided for in the scope of work which is described in Part II of this Agreement. The Commission requires prior approval of the use of any Sub-Contractors for this agreement and a copy of the executed agreement between the Contractor and Sub-Contractor.

   
   

3. Compensation:

   The Contractor shall provide the identified goods and services as noted in Part II of this Agreement. The engineering feasibility study for the Deep River Dam project shall be billed at an amount not to exceed

   $44,780. Payment for services provided by the Contractor will be on a reimbursement basis and in accordance with procedures provided for in the Payment Procedures section of this Agreement.

   
   

4. Terms of Agreement:

   The Contractor shall commence work hereunder on May 1, 2017 and conclude work by May 31, 2018. Contractor’s final invoice must be submitted to the Commission by June 15, 2018 as the funding for this project has a specific termination date and funding will lapse. Final invoice can only be paid if submitted in accordance with the Terms of Agreement.

   
   

5. Payment Procedures:

   The Commission shall make periodic payments to the Contractor for services rendered in conjunction with this Agreement in the following manner:

   
   

   1. The Contractor shall submit monthly or quarterly invoices and progress reports to the Commission, which are sent within ten (10) days after the end of the invoice period.

   2. The Contractor shall include on its invoice the services rendered for that month. The Contractor shall attach copies of invoices from Subcontractors utilized in conjunction with this Agreement.

   3. Following its approval of the invoice and related materials submitted by the Contractor, the Commission shall make payment. Payment will normally be made within thirty (30) days after said approval.

   4. All invoices shall be submitted to:

      Accounts Payable

      Northwestern Indiana Regional Planning Commission

      6100 Southport Road

      Portage, Indiana 46368

      
      

6. Modification Provisions:

   This Agreement shall not be modified except in writing, signed by both parties to this Agreement. Further, the parties hereby agree that the Commission may hereby modify Part II to this Agreement by adding, deleting or modifying tasks, subtasks, schedules or the content or quantity of products to be produced by the Contractor to the extent that such modifications result in no upward or downward cost adjustment or delay the completion of the project.

   
   

7. Termination:

   Either party may terminate the agreement by providing written notice at least thirty (30) days prior to the end of an effective termination date. In the event of termination, the Commission shall be obligated to pay the Contractor only for services rendered and expenses incurred through the date of termination.

   
   

8. Agreement:

It is hereby agreed and understood by the party’s signatory hereto that this Agreement becomes executed when the appropriate signatures are affixed hereto and the date of contract award is established as the

, day of May, 2017.

NORTHWESTERN INDIANA REGIONAL FLATLAND RESOURCES, LLC. PLANNING COMMISSION

By: By:

_

_

Tyson Warner NAME

Executive Director

Date: Date:

Attest:

Angie Hayes

Director of Finance and Administration

PART II. SCOPE OF WORK

The Commission desires to procure the services of a highly-qualified consultant to perform the following project tasks:

1. Update any outdated parameters and address information gaps:

   Review previously completed studies and update any pertinent outdated information and/or identify any critical information gaps.

2. Complete preliminary engineering/calculations:

   Complete all necessary engineering activities and computations to complete preliminary design including surveying and mapping, soil borings and geotechnical analyses, hydrologic and hydraulic analyses and all associated calculations.

3. Facilitate public meetings regarding the proposed project:

   Design and initiation of facilitated public meetings for the purposes of information collection, dissemination, and discussion. Hold a minimum of three (3) meetings. Document meeting attendance, minutes, and perceptions.

4. Create a public information handout:

   Create and distribute an information handout that addresses factual issues concerning the state of Deep River and costs or benefits predicted from the proposed project.

5. Complete conceptual drawings:

   Develop plan sheet drawings of all proposed sites and structures.

6. Determine preliminary design and construction project cost estimates and timelines:

   Develop preliminary cost estimates for design and construction phase of project with associated timelines.

7. Determine easements and land availability:

   Determine all necessary project property easements including those for construction ingress, egress and flooding. The task also includes obtaining land rights sufficient for the purpose of construction and inspection.

8. Determine unusual physical and/or social costs of the proposed project:

   Identify associated unusual project costs, which may include costs associated with unusual physical and/or social aspects of the proposed project.

9. Complete a flood stage analysis if determined necessary:

   Complete a hydraulic computer model illustrating flood profiles sufficient for the purpose of securing necessary project permits.

10. Model functionality and/or impact of proposed project with respect to condition of Deep River:

    Use the Region 5 or other appropriate model to estimate the amount of nutrients and sediment removed by the proposed project relative to contributions from other watershed sources and characteristics of the proposed project.

11. Conduct a wetland functional assessment or vegetation survey:

    Conduct a preliminary survey to identify and give approximate distribution maps for wetland vegetation existing at locations that may be affected by the project, as well as predicted distributions of plantings included in project design. An appropriate field method for wetland functional assessment will be used to estimate the level of ecological benefit and impact predicted from the project.

12. Conduct an environmental impact assessment addressing pre and post project conditions with special attention to hydraulics and geomorphology:

    Collect and analyze information to assess functional lift anticipated with project implementation. At a minimum function based parameters should include floodplain connectivity, flow dynamics, bank stability, bedform diversity, and bed material characterization.

13. Determine funding sources for design and construction projects including ability of local entity to fund additional project phases:

    Determine and assist the project sponsor in obtaining additional sources of funding available for project purposes. This task includes the determination of the ability of the sponsor to fund additional phases of the proposed project.

14. Complete early coordination process with all pertinent agencies for obtaining all project permits: Coordinate review of the preliminary design plan with all pertinent agencies and institutions, including USACE, IDEM, USFWS, IDNR, County Drainage Boards, and citizen organizations, in order to facilitate

    issuance of all necessary permits.

15. Project progress reporting:

    Issue monthly progress reports during the duration of the project. Copies of progress reports are to be, at a minimum, submitted to the project sponsor and LARE program staff.

16. Complete engineering feasibility report:

    This task includes completion of a bound engineering feasibility report illustrating no less than the following:

    1. Executive Summary.

    2. A statement of project purpose.

    3. A general overall project description.

    4. A heading and summary for each project task with accompanying appendices if necessary. The appendices should include (if applicable) but are not limited to:

       1. All pertinent data, including field sheets.

       2. Engineering calculations.

       3. Computer model input and output.

       4. Geotechnical investigation information.

       5. All pertinent and appropriate project correspondence.

       6. Necessary maps, charts, graphs, computations and computational breakdowns.

       7. Pertinent meeting agendas, attendance lists and agreements.

    5. Preliminary plan sheets.

    6. Project conclusion.

Data Presentation

Raw data sheets need not be bound into each copy of the report. However, at a minimum, one set of all design and field data must be submitted to the LARE program office to aid in the review of the draft report and plan sheets.

Presentation of data in needs to be in English unit with metric units in parenthesis is preferred. Example: 5 ft (1.5m).

The final report should provide the following:

1. Four (4) hard copies and three (3) electronic copies (in either MS-Word or Adobe PDF format) of the draft report and plan sheets must be provided to the LARE program office for review by the local sponsor, LARE staff, county SWCD and Drainage Board. Where the project area covers more than one county, two (2) additional copies of the report and plan sheets should be supplied for each additional county.

2. The LARE staff will forward two (2) copies of the draft report and plan sheets to the local sponsor for review.

3. Both draft and final report must be reproduced with two-sided pages for hard copies and presented as a single electronic file in MS-Word or Adobe PDF format, suitable for posting to the LARE website.

4. The titles of the draft report and plan sheets must refer to the report as a “draft” version. Additionally, each page of the draft report and plan sheets must be labeled “Draft - Subject to Revision.”

5. To facilitate review of the draft report and plan sheets, a meeting between a representative of the local sponsor, consultant, and LARE staff will be held to discuss the review comments. This meeting will be coordinated by LARE staff.

6. Upon addressing the review comments, four (4) copies of the final report and plan sheets must be provided to the LARE office. A digital version in either MS-Word or Adobe PDF format must also be submitted. Where the project area covers more than one county, two (2) additional copies of the report and plan sheets should be supplied for each additional county involved.

7. Both draft and final reports must be reproduced with two-sided pages for hard copies and as a single electronic file in Microsoft Word or Adobe .pdf format, suitable for posting to the LARE website.

1. Follow these guidelines for electronic copies:

   1. Electronic file names must follow this protocol: Draft_Name_Lake_Name_County_Eng_Feas_Study_Month_Year.pdf

   2. All electronic copies must contain the complete digital copy of the full report including appendices, figures, maps and photos in either Microsoft Word© or Adobe PDF© format as a single electronic file. Do not prepare multiple files that need to be merged into one file for web posting.

   3. Keep file sizes as small as possible to facilitate email exchange and downloading by adjusting pixel size on graphics, compressing photos, or exporting GIS files to pdf or jpeg formats.

Part III. General Terms and Conditions

State Terms

1. The Grantee shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations thereunder after execution of this Grant Agreement shall be reviewed by the State and the Grantee to determine whether the provisions of this Grant Agreement require formal modification.

   
   

2. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq., the regulations promulgated thereunder. If the Grantee has knowledge, or would have acquired knowledge with reasonable inquiry, that at state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6- 1, has a financial interest in the Grant, the Grantee shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to execution of this Grant. If the Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General’s website at http://www.in.gov/ig/. If the Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Grant immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-44.1-1-4, and under other applicable laws.

   
   

3. The Grantee certifies by entering into this Grant Agreement that neither it nor its principal(s) is presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to the State. The Grantee agrees that any payments currently due to the State may be withheld from payments due to the Grantee. Additionally, payments may be withheld, delayed, or denied and/or this Grant suspended until the Grantee is current in its payments and has submitted proof of such payment to the State.

   
   

4. The Grantee warrants that it has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and agrees that it will immediately notify the State of any such actions. During the term of such actions, the Grantee agrees that the State may suspend funding for the Project. If a valid dispute exists as to the Grantee’s liability or guilt in any action initiated by the State or its agencies, and the State decides to suspend funding to the Grantee, the Grantee may submit, in writing, a request for review to the Indiana Department of Administration (IDOA). A determination by IDOA shall be binding on the parties. Any disbursements that the State may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest.

   
   

5. The Grantee warrants that the Grantee and any contractors performing work in connection with the Project shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the State. Failure to do so may be deemed a material breach of this Grant Agreement and grounds for immediate termination and denial of grant opportunities with the State.

   
   

6. The Grantee affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports to the Indiana Secretary of State.

   
   

7. As required by IC §5-22-3-7:

1. The Grantee and any principals of the Grantee certify that:

   1. the Grantee, except for de minimis and nonsystematic violations, has not violated the terms of:

      1. IC §24-4.7 [Telephone Solicitation Of Consumers];

      2. I C §24-5-12 [Telephone Solicitations]; or

      3. IC §24-5-14 [Regulation of Automatic Dialing Machines]; In the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and

   2. the Grantee will not violate the terms of IC §24-4.7 for the duration of this Grant Agreement, even if IC

      §24-4.7 is preempted by federal law.

2. The Grantee and any principals of the Grantee certify that an affiliate or principal of the Grantee and any agent acting on behalf of the Grantee or on behalf of an affiliate or principal of the Grantee, except for de minimis and nonsystematic violations,

   1. has not violated the terms of IC §24-4.7 in the previous three hundred sixty-five (365) days, even if IC

      §24-4.7 is preempted by federal law; and

   2. will not violate the terms of IC §24-4.7 for the duration of this Grant Agreement even if IC §24-4.7 is preempted by federal law.

Employment Eligibility Verification

As required by IC §22-5-1.7, the Grantee hereby swears or affirms under the penalties of perjury that:

1. The Grantee has enrolled and is participating in the E-Verify program;

   
   

2. The Grantee has provided documentation to the State that it has enrolled and is participating in the E- Verify program;

   
   

3. The Grantee does not knowingly employ an unauthorized alien.

   
   

4. The Grantee shall require its contractors who perform work under this Grant Agreement to certify to Grantee that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and is participating in the E-Verify program. The Grantee shall maintain this certification throughout the duration of the term of a contract with a contractor.

The State may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty

(30) days after being notified by the State.

Information Technology Accessibility Standards

Any information technology related products or services purchased, used or maintained through this Grant must be compatible with the principles and goals contained in the Electronic and Information Technology Accessibility Standards adopted by the Architectural and Transportation Barriers Compliance Board under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. §794d), as amended. The federal Electronic and Information Technology Accessibility Standards can be found at: http://www.access- board.gov/508.htm.

Nondiscrimination

Pursuant to the Indiana Civil Rights Law, specifically including IC §22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the Grantee covenants that it shall not discriminate against any employee or applicant for employment relating to this Grant with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee or applicant’s: race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state, or local law (“Protected Characteristics”). Furthermore, Grantee certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services.

The Grantee understands that the State is a recipient of federal funds, and therefore, where applicable, Grantee and any subcontractors shall comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246 as amended by Executive Order 13672.

Order of Precedence

Any inconsistency or ambiguity in this Grant Agreement shall be resolved by giving precedence in the following order: (1) requirements imposed by applicable federal law or other controlling document described in paragraph 20, below; (2) this Grant Agreement, (3) exhibits prepared by the State, (4) Invitation to Apply for Grant; (5) the Grant Application; and (6) exhibits prepared by Grantee.

Federal Terms:

1. Grantee must comply, as applicable, with the following: (1) 2 CFR Part 200: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; (2) Financial management standards as prescribed in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements as Adopted Pursuant to 2 CFR § 1327.101; (3) Cost Principles in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements as Adopted Pursuant to 2 CFR § 1327.101.

2. For any projects involving the collection or production of geospatial data (i.e. GIS data), the Grantee will comply to the maximum extent practicable with Executive Order 12906 “Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure” Federal Register Vol. 59, Number 71, pp. 17671-17674, the Grantee shall document all new geospatial data it collects or produces using the standard developed by the Federal Geographic Data Committee (FGDC), and make that standardized documentation electronically accessible to the State. The standard can be found at http://fgdc.gov/standards/standards.html

3. Grantee must comply with Part III of Executive Order 11246 (30 F.R. 12319, September 25, 1965) as amended by Executive Order 11375 (32 F.R. 14303, October 17, 1967) requiring federally assisted construction contracts to include the provisions of Section 203 of the Executive Order for Equal Employment Opportunity. Grantee must also comply with Department of Labor regulations implementing the Executive Order. These are found at 41 CFR 60-1.4 (b).

4. Grantee is, for any construction activities funded through this grant, required to include, in contracts in excess of $10,000, a provision requiring compliance with Executive Order 11246, concerning equal employment opportunity, as amended by Executive Order 11375 and supplemented in Department of Labor regulations (41 CFR Chapter 60). Grantee must observe all applicable requirements of the Orders and regulations and include in their nonexempt (see the supplementing regulation) construction contracts the specific clauses prescribed by 41 CFR 60-1.4 (b) and, if applicable, 41 CFR 60-4.3.

5. The Grantee is prohibited from expending grant funds or in-kind goods or services for purposes of providing transportation, travel, and any other expenses for any Federal employee.

6. The Grantee and any subrecipients or contractors shall not sub-grant or subcontract any part of the approved project to any federal agency.

7. The Grantee shall include a statement in all lower tier covered transactions (Subgrants, contracts, and subcontracts), that the grant is subject to Executive Order 12549, “Debarment and Suspension” and Department of Commerce implementing regulations published at 15 CFR Part 26, Subparts A through E, “Governmentwide Debarment and Suspension (Nonprocurement).

8. If appraisal of real property is required by an independent appraiser, Grantee must comply with the procedures for establishing the fair market value of land or a building or the fair rental rate of land or space in a building are governed by 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements as Adopted Pursuant to 2 CFR § 1327.101.

   
   

9. Grantee shall be alert to organizational conflicts of interest as well as other practices among subrecipients that may restrict or eliminate competition. In order to ensure objective subrecipient performance and eliminate unfair competitive advantage, subrecipients that develop draft work requirements, statements of work, or requests for proposals shall be excluded from competing for such subgrants.

10. The Grantee shall maintain written standards of conduct governing the performance of its employees engaged in the grant and administration of subgrants. No employee, officer, or agent shall participate in the selection, award, or administration of a subgrant under this grant agreement if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties mentioned in this section, has a financial interest or other interest in the organization selected for a subgrant. The officers, employees, and agents of the Grantee shall neither solicit nor accept anything of monetary value from subrecipients. However, the Grantee may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Grantee.

    
    

11. The Grantee must retain and provide access to financial and programmatic records, statistical records, supporting document, and all other records associated with a grant project according to 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements as Adopted Pursuant to 2 CFR § 1327.101. Grantee must also require any sub-recipients to comply with this provision. In general, records must be retained for three (3) years from the date the Grantee submits its last expenditure report for the grant period. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later.

    
    

12. The Grantee is accountable to the State for any grant related income as prescribed in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements as Adopted Pursuant to 2 CFR § 1327.101. Grant and sub-grant related income refers to: (1) interest and other investment income earned on advances of grant funds; and (2) program income.

    
    

13. When applicable, Grantee must sign and comply with the assurances and certifications of Standard Forms 424D: “Assurances – Construction Programs”, CD-511: “Certification Regarding Lobbying,” and CD- 512: “Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions and Lobbying

    Procurement Recommendations May 18th, 2017

    
    

    One (1) Replacement Utility Vehicle – Procurement #17-07

    • Purchase of:

      o One (1) utility vehicle replacement for East Chicago Transit

    • Paid with Federal Transit Administration Funds (80%) out of grant IN-2016- 033 and the local share coming from the above listed agencies (20%)

    • Recommendation to purchase one replacement utility vehicle not to exceed

$28,000.00 in federal funds

Security Cameras & Lighting – Procurement #17-10

• Purchase of Security Cameras & Lighting for the City of Valparaiso

• Paid with Federal Transit Administration Funds (80%) out of grant IN-2016- 033 and the above listed agency (20%)

• Recommendation to approve project not to exceed $100,000 in federal funds

JOINT ENVIRONMENTAL MANAGEMENT POLICY COMMITTEE and URBAN WATERS MEETING

NIRPC- Lake Michigan Room April 6, 2017

Members/Guests: Geof Benson, Deb Backhus, Jennifer Gadzala, Will Farrellbegg, Michael Kuss, Tim Kingsland, Reggie Korthals, Richard Morrisroe, Natalie Johnson, Leslie Dorworth, George Topoll, Michelle Caldwell, Jennifer Birchfield, George Malis, Sherryl Doerr, Mary Tanis, Tim Zorn, Martin Wille, Diana Schmoe, Lauri Keagle, Susan MiHalo, Dorreen Carey, Bill Emerson Jr., Jan Bapst, Jeff Loewe, Diane Trgovcich-Zacok, Lynda Lancaster, Maggie Byrne, Chandramouli Viswanathan, Michael Spinar Phone Conference Attendees: Greg Becker, Cherie Fisher, Peg Donnelly, Laurie Kuiper

NIRPC Staff: Kathy Luther, Meredith Stilwell

Call to Order and Pledge of Allegiance

Chairman Benson called the meeting to order with the Pledge of Allegiance and self-introductions.

NIRPC Business:

1. Approval of March 2, 2017 EMPC Minutes

   On motion by Will Farrellbegg and second by Reggie Korthals, the March 2, 2017 EMPC meeting minutes were unanimously approved as presented.

   
   

2. Federal Environmental Budget Cuts – NIRPC Legislative Committee

The 2018 President’s budget has significant cuts to environmental programs of interest in the region. Kathy Luther indicated that while federal employees have no position on any federal legislation, NIRPC’s Legislative Committee, chaired by Mayors Blair Milo and Tom McDermott, takes positions on federal and state issues. The EMPC can make a request to the legislative committee to consider positions on environmental issues in the budget. A handout was made available to those in attendance of the identified changes that could impact northwest Indiana environmental programs and natural resource projects and partners. The upcoming changes were reviewed and discussion held, after which it was determined Kathy will compile a draft of recommendations using the 2040 Plan and highlighting environmental and economic impacts to be sent to the committee prioritization. The final prioritized recommendations will go before the Legislative Committee for recommendation to the NIRPC full Commission.

Presentations:

a. Lead in Drinking Water – Peg Donnelly, USEPA

Peg is a biologist with the USEPA office in Chicago who in addition to helping lead the EPA emergency response to the Flint drinking water crises, worked on the East Chicago drinking water study.

Due to financial issues, Flint chose to go back to using the Flint River as their water source and reopen their water treatment plant. Their issued permit to the City stated they did not have to use corrosion control chemicals but people began to see brown water and the corrosiveness of the water source lead to orthophosphate scale inside the pipes to dissolve. A spike in legionnaires was also a concern. The President declared a state of emergency and the water team arrived in January 2016

and began testing and sampling. Health agencies did additional studies. Some lead service lines were removed and Flint continues to remove more. News media and community driven meetings were used to disseminate facts. During the emergency response, which lasted about 8 months, Unified Coordination Group meetings were held twice daily and included heads from each of the responding federal, state and local agencies. Monitoring and technical assistance continued after the response period to aid in meeting the needs of the federal order Flint is under.

About the time Flint was on a path of maintenance things started to happen in East Chicago. The West Calumet Complex in East Chicago is a superfund site and has high lead and arsenic levels in the soil. Excavating of contaminated soil and replacement with clean soil began in summer 2016. With concern that lead service lines would be disturbed, a study was conducted to determine if the acts of digging and pounding the ground would break up the scale on the pipes and expose individuals to that source of lead. Sequential water tests were conducted before and after the excavation of the contaminated soil. Communication was essential since people thought the contaminated soil would leech into the water pipes, which was untrue. Differences between the East Chicago and Flint situations are that East Chicago’s water comes from Lake Michigan and while the City was adding some phosphorous to the water it was not enough to coat the pipes. Results are available online.

IDEM has been working with EPA closely on having the City add more phosphorous at the drinking water plant. The State has also offered money to help replace lead service lines. Filters will be provided to people within the superfund site.

1. Michigan City’s Multi-department Committee on Lead – Michael Kuss, Sanitary District of Michigan City

   Based on a Reuters report featuring an interactive website that reflected higher lead levels in the urban/older area of Michigan City, Mayor Meer created a committee on lead. The committee has held six meetings and will meet and report regularly to the Mayor, the City Common council and to the public; strive to find better ways to educate the community on the dangers of lead; and promote awareness and access to the many available resources; and discuss of issues. Discussions have taken place on many issues dealing with lead, including the City’s drinking water testing and results and all avenues in which lead can get into an individual’s system will be looked into. Lead information pamphlets and brochures were shown. An information flyer will be in water bills and the City is expecting to draft a lead ordinance. Schools and physicians have been contacted. Federal EPA requires a real estate disclosure for all homes built before 1978 that declares a home potentially contains lead based paint. The City has applied for a $1.5m HUD grant to remove lead based paint hazards in homes. If the grant is received, low income homes or homes that are being rented to low income families with young children will be tested and all lead hazards from lead based paint will be abated in the home. The cost is estimated to be $10k per home on average.

   
   

   Announcements:

   • Discussion was held regarding the usage of USGS and Indiana Map tools.

   • CommuniTree proposals will continue to be accepted and reviewed in the fall.

   • Upcoming meetings and events information will be forwarded to the Committee.

   
   

   Public Comment: None

   
   

   Meeting adjourned at 11:34 a.m.

   

   
   

   
   

   

   
   

   To:‌	Honorable Mayor Blair Milo, Honorable Mayor Tom McDermott Jr, Legislative Committee
   From:	Geof Benson, Chair, Environmental Management and Policy Committee
   cc:	Ty Warner
   Date:	05/12/2017
   Re:	Federal Budget Cut Impacts on NWI Environment

   The Environmental Management and Policy Committee has spent time over the past two meetings discussing and prioritizing the impacts the proposed Federal Fiscal Year 2018 budget cuts (and a few increases) might have on continuing environmental improvements, programs, and projects on NIRPC, our local governments, and our partner organizations in Northwest Indiana. Staff prepared summary information based on President Trump’s published “Skinny Budget”, proposed US Environmental Protection Agency cuts, information in the Indiana State Budget, information published by IDNR and IDEM, and NIRPC projects. Budget impacts were evaluated through the lens of the 2040 Comprehensive Regional Plan Goals and Objectives found in the 2040 CRP Implementation Matrix, with focus on those goals and objectives with particular focus on environmental and natural resource related goals, regardless of the CRP Chapter. EMPC did not evaluate proposed budget cuts on specific transportation projects. EMPC members were asked to prioritize based on potential CRP implementation impacts and on impacts to their own organizations.

   The EMPC requests that the Legislative Committee convene to consider crafting an official position for NIRPC with regards to proposed federal budget priorities. The below list reflect the EMPC’s top priorities for inclusion in this position. A more detailed summary of all identified impacts is attached to this document. While aware that the federal budget process is on-going and subject to negotiation for several months, the EMCP feels it is important that the region take a unified stand on the value of federal support for our collective investment in the environment and natural resources improvements that make Northwest Indiana an attractive, quality place to live.

   EMPC 2018 Federal Budget Priorities and the Environment:

   Top 3 Impacts of proposed federal budget cuts on 2040 Comprehensive Regional Plan Implementation

   
   

   1. Proposed elimination or reduction in funding of the Great Lakes Restoration Initiative and the Great Lakes National Program Office.

   2. Proposed elimination of Coastal Zone Management, which funds the DNR Lake Michigan Coastal Program

   3. Proposed elimination of the Clean Water Act Section 319 Grant Programs for Nonpoint Source Pollution reduction and watershed planning.

Top 3 Impacts of proposed federal budget changes on NWI Local Governments and Partner Organizations

1. Proposed elimination of Coastal Zone Management, which funds the DNR Lake Michigan Coastal Program

2. Proposed elimination or reduction in funding of the Great Lakes Restoration Initiative and the Great Lakes National Program Office

3. Proposed Increase in funding for Drinking Water and Clean Water State Revolving Loan Funds, and for the Water Infrastructure Financing Innovations Act

   Federal Budget- Administration’s 2018 “Skinny Budget” Environmental Review

   
   

   • Reduction in US Dept. of Agriculture Local Service Centers. Agency staff at these centers provide critical technical and partnership support for watershed planning and implementation, and agricultural conservation programs that helps implement CRP Goals: Growth and Conservation 3-E and F, Environment and Green Infrastructure 1-A, B, and C.

     
     

     

   • Elimination of funding for Coastal Zone Management: Loss of IDNR Lake Michigan

     #1 Local Impact

     #2 2040 CRP

     Coastal Program would result of annual loss of $1.046 Mill dollars to Indiana DNR, including $650,000 in grants passed through to NWI local governments and organizations. Over the past 10 years these grants have provided $23 Million to fund over 350 projects which preserved 400 and restored 2746 acres of habitat, helped NWI communities develop 64 ordinances, policies or plans, created 38 public access sites, and funded 17 hazard preparedness and risk reduction projects. LMCP Staff provide technical, planning, and programming support as well as leadership and training.

     NIRPC has benefitted financially with probably $200,000 worth of grants and contracts over the past 10 years for projects such as the Marquette Plan. This program provides irreplaceable support for CRP Growth and Conservation Goals 2-D, E, and F; 3-A, B, D, G, and H; and Environment and Green Infrastructure Goals 1-B and D, 3-C.

     
     

   • Elimination of Sea-Grant Program Funding. Il-In Sea-Grant Program (headquartered out of U of Illinois) funds approximately 6 positions in the Purdue System. They provide or have provided technical, planning, collaboration, and outreach support to many efforts in the region including Lake Michigan Water Safety Task Force, Lawn to Lakes Water Friendly Landscaping Education program, Aquatic Invasive educational materials, Fish Consumption educational materials, and Tipping Points community planning assistance program (Union Township is currently using this program for a planning project), and many others. Their staff and projects support CRP Growth and Conservation Goals 3-B, D, and G; and Environment and Green Infrastructure Goals 1-A, C, D, F; and H, and 2-B, and D.

• Elimination of Weatherization Assistance Program: Gary, Merrillville, and Michigan City have received funding from these programs in the past, not in recent years. These programs support CRP Environment and Green Infrastructure Goals 2-A, B, C, D.

  
  

• Elimination of State Energy Program Grants: (IN 2016 = $732,000) The Indiana Office of Energy Development has provided valuable technical assistance to NIRPC in our Solar Ready project as well as to South Shore Clean Cities in its deployment of alternative fuel information, infrastructure, and vehicles. These initiative support CRP Environment and Green Infrastructure Goals 2-A, B, C, and D; Human and Economic Resources Goals 1-G.

  
  

  • Eliminates $190 Million federal appropriation to support National Flood Insurance Mapping (State 2016-17 Budget IDNR =$487,000: Flood Insurance Mapping information is used by all communities in zoning and building code development. This information also ensures that development in flood prone areas can receive federally subsidized flood insurance. Flood insurance mapping data supports CRP Growth and Conservation Goal 2-F,3-A, Environment and Green Infrastructure Goal 1-H.

    
    

  • Eliminates $667 Million Federal for Pre-Disaster Mitigation Grants, adds a 25% cost- share. Reduces the ability of local communities to support CRP Growth and Conservation Goal 2-F,3-A, Environment and Green Infrastructure Goal 1-H, 3-C.

    
    

  • Eliminates Housing and Urban Development Community Development Block Grants CDBG ($3Billion Nationally, IN 2016 = $32 M). This funding has often been distributed through OCRA for projects such as blight elimination, urban renewal, parks, flood and drainage improvements, demolition and clearance, building rehab. Reduces ability of local communities to supports Growth and Conservation Goals 1-B,C,E; 2-A, B,C,D; Environment and Green Infrastructure Goals 3-AStewardship and Good Government Goals 1-B,C,D. Human and Economic Resources Goals 1-D, F, H

    
    

  • Increases Healthy and Lead Safe homes funding by $20 Mill to $130 Mill total, including for enforcement, education and research. (No NWI communities, nor ISDH appear to have received HUD Healthy Home Grants in 2015-2016) Increases the ability of Supports Growth and Conservation Goals 1-B,C,E; 2-A, B,C,D

    
    

  • Eliminates National Heritage Areas funding, Abandoned Mine Land Grants, and National Wildlife Refuge fund payments to local government. No impact on CURRENT Northwest Indiana. Would remove federal support potential from the Calumet National Heritage Area efforts being undertaken by the Calumet Collaborative, which NIRPC and other partners are actively supporting. Designation of a Calumet National Heritage Area is a high priority in the 2015 Marquette Plan Update. This designation would support CRP Growth and Conservation Goals 1-E, 2-A,D, E, F.

    
    

  • Reduces funding for federal land acquisition by $120 Mill.(IDNL 2016 budget request =

    

    $10K for 2 land exchanges) Looks like this would include State Assistance Grants and Land and Water Conservation Fund grants. IDNL does not appear to be mentioned specifically in 2016 NPS acquisition budget. CRP Growth and Conservation Goal 2-E, Environment and Green Infrastructure Goal 3-C.

    
    

  • Increases Drinking and Wastewater SRF fund $4 Mill, $20 Mill for Water Infrastructure

    #3 Local Impact

    Finance Innovation Act. Increases the ability of local communities to Supports CRP Growth and Conservation Goals 2-B,C, 3-B,F; Environment and Green Infrastructure Goals 1-A,C,D,E, Human and Economic Resources Goal 1-E.

  • Eliminates all funding for Clean Power, climate change research and partnership, etc -

$100M decrease. Impacts CRP Environment and Green Infrastructure Goals 2-B ,

Transportation 4-F.

#1 2040 CRP

• Eliminate the Beaches Protection Grants = Eliminates federal support for local beach water quality monitoring and notifications. Decreases ability of local governments to

  #2 Local Impact

  monitor and notify public of beach health and contamination. Clean Beaches support the Marquette Plan which is CRP Growth and Conservation Goal 2-E, 3-G.

  
  

  • Eliminates Great Lakes Restoration Initiative(GLRI) from EPA: Indiana has benefitted from $96M from EPA GLRI projects since 2010, including $75.6M for cleaning up the Grand Cal/Indiana Harbor Canal, $7.2M for LaMP/RaP support and AOC Restoration activities; $900,000 directly to local governments, $1.3M to NGOs for restoration or working with local governments. Decreases the ability of NIRPC and local partners to implement CRP Growth and Conservation Goals:1-D, 2-F&G, 3-A, Environment and Green Infrastructure Goals 1-C, 3-C,Human and Economic Resources Goals: 1-D,F, H.

    
    

    
    

    #3 2040 CRP

    

• Eliminates Section 319 Nonpoint Source Grants: Section 319 Grants support Watershed Planning and Nonpoint Source Pollution elimination projects. Reducing Nonpoint Source Pollution from stormwater runoff improves water quality and reduces pressure on point sources to invest in further less cost-effective technology to make similar gains. NIRPC is currently implementing a $455,550 grant from this program of which $268,978 is being allocated to local on-the ground projects right now. The Lake Michigan Coastal Program has received funding to support the 6217 Program. Save the Dunes has received grants from this program to conduct watershed planning on Salt Creek and Little Calumet East Branch. LaPorte County, Michigan City, and other partners recently completed a Section 319 Grant to implement the Trail Creek Watershed. Decreases funding available for NIRPC, communities, and local partners to meet CRP goals Growth and Conservation Goals 1-D, Environment and Green Infrastructure Goals: 1-A, B, C, D, F, H.

• Eliminates Brownfield funding from some programs, and reduces others grants. 2016-17 State Budget shows $1.16M in funding to Indiana Finance Authority’s Indiana Brownfield Program. Currently RDA, in partnership with NIRPC, Gary, Hammond and East Chicago are in receipt of $1.4M in Brownfield grants for assessing and creating a revolving loan fund for environmental cleanups. Also reduces support to state brownfield programs. Reduces access to funding for local governments in communities with areas in need of redevelopment to meet CRP Growth and Conservation Goals 1-C & E, 2-A, B, C, D, E, G; 3-B. C. D, E, F, G; Transportation 2-I; Environment and Green Infrastructure Goal 3- A; Human and Economic Resources Goal 1-D, E, & H.

  
  

  • Eliminates Diesel Emission Reduction Act Grant Program ( $35M/year nationally). IDEM 2016-17 Budget shows $203,778 for this program. These funds are issued by IDEM as competitive grants and have funded exhaust control retrofits on 136 local government and school vehicles, idle reduction retrofits for 61 school buses, and 4 locomotives at US Steel, Diesel equipment replacement or repowers for 12 private and public engines in NWI. Reduces funding available to help local governments and businesses address Transportation Goal: 4-F Environment and Green Infrastructure Goals 2- A, B, C, and D;

  
  

• Eliminates or severely reduces several Air Quality grants that support basic IDEM Air Programs. 2016-17 State IDEM budget included $1.15 M federal funds. May result in increased permit fees to businesses or slower permitting services in order to ensure Environment and Green Infrastructure Goal 2A.

  
  

• Eliminates or severely several Water Quality, Drinking Water, and Wetland grants to states that support basic IDEM Water programs. May result in increased permit fees to businesses or slower permitting services which support CRP Environment and Green Infrastructure Goal 1A.

  
  

• Eliminates or severely reduces grants to states from Superfund, Underground Storage Tank regulation and cleanup, Solid Waste and Hazardous Waste Management, PCBs, Clean-up projects, Hazardous Materials, Environmental Response, Lead and other grants to IDEM that support basic regulatory, clean-up, and emergency response programs. 2016-17 State IDEM Budget shows $6.5M Federal funding for these programs. Reduces resources available for CRP Environment and Green Infrastructure Goal 3.

  
  

• Eliminates support for Vehicle and Fuels Emission Certification, switches cost to user fees. Likely result in increased vehicle and/or fuel costs to consumers, Inside EPA magazine just reported likely 4-fold increase in testing fees charged to car companies.

Technical Planning Committee Meeting‌

NIRPC Lake Michigan Room 6100 Southport Road, Portage April 11, 2017‌‌

MINUTES

Chairman Kevin Breitzke called the meeting to order at 9:05 a.m. with the Pledge of Allegiance and self- introductions. Members present included Kevin Breitzke, Geof Benson, George Topoll, David Wright, Tyler Kent, Mark O’Dell, Tom MacLennan, Beth Shrader, Margot Sabato, Joyce Newland, Susan Orona and Stephen Stofko. Others present included Mary Enright, Jeff Huet, Matt Kaiser, Mary Lupa, Dean Button, Ray Riddell, Lauri Keagle, Lindsay Quist, Phil Gralik, Joe Crnkovich, Michael Springor, Jake Ballah, Spike Peller, Eric Boria, Teri Dixon, K-Todd Behling, Jill Murr, Claudia Taylor, Jake Dammarell, Randy Strasser, Jerry Siska, Bruce Lindner and Andrew Steele. Staff present included Kathy Luther, Mitch Barloga, Gary Evers, Kathy Luther, Scott Weber, James Winters and Mary Thorne.

The INDOT participation survey was available at the table in the lobby.

The minutes of the March 14, 2016 Technical Planning Committee meeting were approved on a motion by Geof Benson and a second by Mark O’Dell.

Presentation: Kathy Luther gave a presentation on the “protected natural and rural areas” goal of the 2040 Comprehensive Regional Plan to manage growth that protects farmland, environmentally sensitive areas and important ecosystems through NIRPC programs of Greenways & Blueways 2020, Creating Livable Communities and Brownfields Coalition.

Implementation Planning

• Scott Weber explained that the Congestion Management Process of the I-65 added travel lanes between US-30 and US-231 was approved by the former Transportation Policy Committee on November 19, 2013 and I-65 added travel lanes between US-231 and SR-2 on March 18, 2014. It was asked that the Technical Planning Committee recommend the CMP for the 2040 Comprehensive Regional Plan Companion Update Amendment #4 for adoption by the NIRPC Board next week. On a motion by Geof Benson and a second by Mark O’Dell, the committee voted to recommend the Congestion Management Process of the I-65 added travel lanes between US-30 and US-231 to the NIRPC Board for adoption.

• Scott Weber reported that the environmental justice analysis is being updated to look at the benefits and burdens for the above projects. We are looking at all of the criteria and are working on the models. It will be presented along with the FY 2018-2021 TIP and the 2040 Comprehensive Regional Plan Companion Update Amendment #4.

• Stephen Sostaric reported that five meetings were held during the public comment period for the FY 2018-2021 TIP, Amendment #4 to 2040 Plan Companion Update and the Air Quality Conformity

  Analysis. The comment period ends April 21 and will be brought to this committee and the NIRPC Board in May.

  
  

  Programming

• Stephen Sostaric, reporting for Amanda Pollard, said meetings will be held between April 24 and May

  3. Times and dates were emailed to the LPAs and the schedule will be resent tomorrow.

• Gary Evers explained FY 2016-2019 Transportation Improvement Program Amendment #35, which is the final amendment to the TIP. The new FY 2018-2021 TIP is out for public comment. The amendment contains project phases for Hobart, Hammond, Michigan City, NIRPC and INDOT. The amendment was reviewed by the Interagency Consultation Group and no public comments were received. On a motion by Geof Benson and a second by Beth Shrader, the Committee voted to recommend Amendment #35 to the Commission for adoption.

• Gary Evers reported that the Transportation Resource & Oversight Committees for both Lake and Porter and LaPorte Counties met this month. Gary described the programming decisions made at the LaPorte meeting to close out the 2017 funds for LaPorte. At the Lake and Porter Committee meeting, there was an additional $340,000 bringing the total to about $1.8 million in unobligated unprogrammed funds. The committee decided to allocate $573,000 to four projects for Schererville, Hobart and two in Cedar Lake and are requesting authorization to fund a Lake Ridge Operating Assistance B-List project for GPTC in the amount of $500,000. Two other projects were funded for Hammond and Lake County, both for acquisition of right of way. A deadline of close of business April 24 was established for submission of all final FMIS request letters. If not submitted funds will be reallocated to additional B-List projects. On a motion by Geof Benson and a second by George Topoll, the committee voted to recommend the funding allocations as requested.

  
  

  Topical Committee Reports:

• Kathy Luther said the Environmental Management Policy Committee met jointly with Federal Urban Waters Partnership and heard two presentations about lead contamination.

• Mitch Barloga reported that the Ped, Pedal & Paddle Committee heard a presentation last month on plans for a bike share program from Miller. NICTD’s bikes on trains program is back.

• James Winters reported that the transit operators will meet this morning to discuss the Disadvantaged Business Enterprise Program. They are still working to constrain the 2017 TIP.

• There was no report from the Land Use Committee.

• Stephen Sostaric said that the Rail Vision/Freight Committee met in March to discuss the at-grade rail existing study and may be working with the engineering students at Valparaiso University. The committee’s new chairman is Rich Mrozinski.

• There was no report from the Surface Transportation Committee.

  
  

  Planning Partners:

• Chicago Metropolitan Area for Planning - Teri Dixon reported that CMAP is starting outreach for their On to 2050 Plan.

• Federal Highway Administration – Joyce Newland said the certification review is scheduled for July 18-19.

  There were no requests for public comment.

  
  

  Emerging Trends: Kathy Luther showed a “Green Streets” planning video from Montgomery County, Maryland about efforts to control stormwater runoff.

  
  

  Announcements:

  • Gary Evers announced that INDOT will hold a meeting on the Statewide Transportation Improvement Program (STIP) at the LaPorte District Office building, 315 East Boyd Boulevard, La Porte, IN today from 3 p.m. to 6 p.m. CDT.

  • Mitch Barloga said trail maps are available and installation of locally-funded trail counters has begun.

  • Kathy Luther said flyers were available for the Northern Indiana Green Fleet Program and workshop next Wednesday and also for the 2017 MACOG Partners for Clean Air Awards Luncheon on April 25.

  • Kevin Breitzke announced the upcoming meetings and noted the office is closed on April 14 in observance of the Good Friday holiday. The next Technical Planning Committee meeting will be on May 9, 2017 at 9:00 a.m. in the Lake Michigan Room at the NIRPC office.

    
    

    On a motion by Geof Benson and a second by George Topoll, Kevin Breitzke adjourned the meeting at 9:55 a.m.

    
    

    A Digital MP3 of this meeting is filed. Contact Mary Thorne at the phone number or email below should you wish to receive a copy or a portion of it.

    
    

    The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.

    Public Comment Report‌

    2018‐2021 Transportation Improvement Program, Amendment #4 to the Comprehensive Regional Plan Update, & Air Quality Conformity Analysis

    
    

    The Northwestern Indiana Regional Planning Commission (NIRPC) held a 30‐day public comment period on the 2018‐2021 Transportation Improvement Program (TIP), Amendment #4 to the 2040 Comprehensive Regional Plan (CRP) Update Companion, and an updated Air Quality Conformity Analysis. The comment period will began on March 14, 2017 and ended on April 21, 2017 after being extended from the original date of April 13.

    As required in NIRPC’s 2014 Public Participation Plan, a series of six public meetings were held as part of the comment period. The public meeting times and locations were as follows:

    
    

    • March 21, 2017: NIRPC, 6100 Southport Road, Portage, IN 6:00‐8:00 pm

    • March 22, 2017: Hammond Civic Center, 5825 Sohl Avenue, Hammond, IN 2:00‐4:00 pm and 6:00 to 8:00 pm

    • March 28, 2017: Center for Visual and Performing Arts, 1040 Ridge Road, Munster, IN 6:00‐ 8:00 pm

    • March 29, 2017: Michigan City City Hall, 100 E Michigan Boulevard, Michigan City, IN 6:00‐8:00 pm

    • March 30, 2017: The Centennial, 504 Broadway, Gary, IN 6:00‐8:00 pm

      In addition to being able to comment at the open houses, comments could also be submitted in the following ways:

    • Email: comments@nirpc.org

    • A form on the NIRPC website

       Phone: 219‐763‐6060, ext. 160

    • United States Postal Service: NIRPC, 6100 Southport Road, Portage, IN 46368

Project information, including the draft documents, relevant maps, and presentations, were made available at www.nirpc.org, and stakeholders were made aware via email, a news release, and social media.

Of the comments received, none were considered significant, resulting in no need to modify any of the documents out for comment. There was one comment that was not significant but required adding of text.

NOTE: The public involvement activities and time established for public review and comment on the TIP will satisfy the program of projects requirements of the Urbanized Area Formula Grant Program [49

USC Section 5307 (C)] for FTA grantees NIRPC, NICTD, GPTC, and Michigan City.

30

31

32

33

There are already tracks further to the east, just east of US 41, that lead across US 231 closer to Crown Point where more people (Northwest Indiana residents) would ride the train. Why isn't NICTD proposing a line there instead?

No

NICTD Response: An expansion of the Northern

Indiana Commuter Transportation District's (NICTD) South Shore Line has long been recognized by local residents, stakeholders, municipalities, NICTD, and other agencies as a value to the Northwest Indiana regional community. As early as 1989, the Northwestern Indiana Regional Planning Commission (NIRPC) released a study that identified an extension to the South Shore Line as a potentially viable means to expand mass transit in the region (NIRPC 1989). In 1993, NICTD, along with the City of Hammond and the Town of Munster, jointly purchased the former Monon Railroad corridor with the clear intent of constructing a commuter rail line there in the future. Since that time, multiple evaluations have occurred. In 2011, NICTD's West Lake Corridor Study concluded

that a rail‐based service between the Munster/Dyer area and Metra's Millennium Station in downtown Chicago would best meet the public transportation needs of the Study Area (NICTD 2011). In June 2014, NICTD and the

Northwest Indiana Regional Development Authority (RDA) released the 20‐ Year Strategic Business Plan, which highlighted the importance of a West Lake Corridor Project (NICTD and RDA 2014). The West Lake Corridor Project's NEPA Preferred Alternative is consistent with and supports the transportation goals and objectives of the Project. The NEPA Preferred Alternative will improve the transportation system by providing the West Lake Corridor with more travel choices and faster travel times between residential areas, major destinations, and employment centers.

37

38

I am opposed to the location of a South Shore Station at Ridge Road in Munster Indiana.

My reasons are:

1. It would be very disruptive to the adjacent residential community.

2. It would impact a major arterial ‐ Ridge Rd.

   1. Trains will be stopped across Ridge Rd. while passengers board and alight the train.

   2. Also, some passengers will be crossing Ridge Rd. to get to their cars at the same time.

   3. Due to cars entering and leaving commuter parking lots, movements on the streets in the area around the station will be disrupted. (Was a 20 year traffic study done for this station?)

3. One of the potential parking lots for this station was designated by the Town of Munster to be a lineal park. The Town bought the residential properties at this location for the specific use as a park. Aren’t they legally obligated to honor that commitment?

4. There is not enough available open land in vicinity of the station for future parking expansion.

In summary: There are two proposed stations not far from Ridge Rd. (one north of Ridge Rd., in Hammond and the other south of Ridge Rd., in Munster), which are more adaptable to function as train station facilities. There is no need to flood the area with RR stations. The South Shore West Lake Line would function better with one less stop. Thank you for your consideration.

No

NICTD Response: The Northern Indiana Commuter Transportation District's (NICTD)West Lake Corridor Project has a National Environmental Policy Act (NEPA) Preferred Alternative. This NEPA Preferred Alternative is consistent with and supports the transportation goals and objectives of the project. The NEPA Preferred Alternative will improve the transportation system by providing the West Lake Corridor with more travel choices and faster travel times between residential areas, major destinations, and employment centers.

Options for station locations are being reviewed to minimize impacts to surrounding neighborhoods as part of the Environmental Impact Statement (EIS) process. The intent of the placement and design of the stations is to enhance the community.

As the project is being refined, NICTD will provide access to roadways, properties, and businesses. Not all cars arrive or depart the stations at the same time; approximately 25% of the traffic occurs during peak hours. The remainder of the traffic occurs at other periods of the day. As detailed in Chapter 3

and Appendix H1 of the Draft Environmental Impact Statement (found at www.nictdwestlake.com), traffic analyses reflect no significant change to traffic operations. If the addition of commuter traffic reflects a decrease in operations, NICTD is obligated to make roadway improvements to restore acceptable operations. The Traffic Technical Report will be updated with the FEIS to define impacts due to community growth versus impacts due to commuter traffic.

The trains will be no longer than eight cars and are designed to fit at the station platforms without blocking any roads. Main Street will be an underpass to the Munster/Dyer station. The Draft Environmental Impact Statement (DEIS) traffic analysis based on traffic modeling indicates

I am a resident of Lake County. I used to live in Hammond, now I live in Merrillville and I saw an article in the Hammond Times the other day regarding calling this number to leave a comment and my comment would be this: Although I agree with the double tracking, I don't agree

The Northern Indiana Commuter Transportation District (NICTD) has developed and implemented a comprehensive agency coordination and public

with the West Lake Corridor Extension and I'm really on board with some involvement program, in coordination with the

of the cities and towns around here which are objecting to that. I think that they have every right to do so, and I think what is most bothersome is the officials who are putting this West Lake Corridor through really have not listened to the people. They say they have, and yeah maybe they listen, but the whole point behind listening and commenting is that maybe you will change direction, going in the direction that the people want you to instead of going your own way. They seem to do that, they just seem to do what they want to do regardless of whether they hear comment or not. I know they're trying to be nice by hearing comments, but to me that's very deceptive. They really are not taking into account that they're doing what they want to

do and I don't like that. They're making it seem like they're being good about taking comments. I am not in favor of the West Lake Corridor because initially it was supposed to be for people in Northwest Indiana and this thing is so far over to the west. You might as well make it for people in Illinois. It's an inconvenience

for most of us, and to me that's wasting money. The other thing is that it was supposed to help get people from here to jobs in Chicago, and they're not even concerned about that. They're more concerned about transit oriented development, which would occur regardless of where the train is. They're also talking about bringing in Chicago professional people. What happened to the whole idea that we were supposed to be helped with jobs ourselves here rather than bringing people in from Chicago who already have jobs. That really makes no sense to me, and I don't blame some of the cities and towns who do not want to participate in this. I feel that they have been duped, and that's my message.

Federal Transit Administration found in Chapter 9 of the Draft Environmental Impact Statement (DEIS). Public Hearings on the DEIS were held from January 16 ‐ 18, 2017 in Munster, Hammond, and Dyer all substantive comments are being addressed and will be fully documented in the Final Environmental Impact Statement (FEIS).

Please check the Project website at www.nictdwestlake.com for updates, which will be continually updated as Project design progresses.

The West Lake Corridor Project's National Environmental Policy Act (NEPA) Preferred Alternative is consistent with and supports the transportation goals and objectives of the Project. The NEPA Preferred Alternative will improve the transportation system by providing the West Lake Corridor with more travel choices and faster travel times between residential areas, major destinations, and employment centers. The current TOD project is a separate process being conducted by the RDA. NICTD encourages residents to participate in the Transit Oriented

Development (TOD) process to express your vision No for development

around station areas. See more information at: www.in.gov/rda.

Section 1 of the DEIS provides a summary of the purpose and need for the Project. The Project is intended to increase transportation options for accessing downtown Chicago, reduce travel time to downtown Chicago, reduce the parking burden at existing stations, reduce travel costs, and promote economic development. Analyses of the NEPA Preferred Alternative indicate the Project will result in 122,362 less vehicle miles traveled and 4,714 less vehicle hours traveled annually. In addition, there is a worker‐to‐job deficit in Northwest Indiana with Chicago and Cook County, Illinois, showing a surplus of jobs. Between 2006 and 2010 approximately 22 percent of the workforce in Lake County worked in Cook County. For most industries, Cook County jobs pay an average of 40 percent more than Lake County jobs. The West Lake Corridor Project is intended to facilitate additional transportation options for residents of Northwest Indiana who currently work and will work in Chicago.

'

., .. ' .

lo • ' '

(219} 874-9000

Chicago South Shore & South Bend Railroad

General Offices

SOS North Carroll Avenue Michigan City, ndiana 46360

Fax (219} 879-3754

April 21,2017

Northwest Indiana Regional Planning Commission 6100 Southport Road

Portage, IN 46368

Re: CSS and llDC Comments on 2040 Plan

The Chicago South Shore & South Bend Railroad Company (CSS} andits affiliate Illinois Indiana Development Company, LLC (llDC} hereby submit the following comments to the NIRPC 2040 Plan, specifically the Westlake and NWI Double Track projects.

CSS is a common carrier freight railroad that provides vital rail freight services to many industrial customers inthe Northwest Indiana Region. Our two largest customers, ArcelorMittal and NIPSCO, are particularly dependent on CSS freight service. CSS keeps the lights on in Northwest Indiana not to mention all the industrial jobs that depend on our service. CSS and NICTD share the same railroad track from Chicago to South Bend.This arrangement derives from a time when both the freight and the passenger operations were under common ownership. That company entered bankruptcy in 1989. Shortly thereafter CSS and NICTD, in a coordinated transaction,acquired the assets of the bankrupt railroad

and formed separate passenger (NICTD} and freight (CSS} entities. NICTD is an agency of the State of Indiana. CSS is a privately held Indiana general partnership. llDC is a privately held Indiana limited liability company, which is under common ownership with CSS.

The mainline from South Bend to the Indiana - Illinois state line near Hammond is owned by NICTD and CSS has the perpetual freight franchise. The mainline from the state line to the connection with Metra Electric Division near Kensington in the City of Chicago is owned by the llDC. NICTD has a perpetual lease to provide passenger service over this line and CSS has an operating agreement with llDC under which CSS provides freight service on it. NICTD has day-to­ day operational control of the llDC tracks. The two entities work very closely with each other to maintain safe,reliable freight and passenger services usingthe same tracks.

CSS and llDC support the West Lake Corridor and Double Track projects. We believe it is good for the economic development of Northwest Indiana. Further we believe that these projects must be designed in such a way as not to

impair CSS' ability to serve its customers.

Commuter trains and freight trains do not compete commercially, but they do compete for track capacity in shared corridors. The more trains of each type that are run, the more acute the competition becomes. Without adequate infrastructure, one or both are compromised. There are many locations around the country where busy freight and passenger railroads operate successfully with shared facilities (including locations where NICTD and CSS share today}. The key is to have enough of the right infrastructure to minimize delays all around. NICTD and CSS are cooperatively seeking answers to these questions by modelling the proposed operation. Bottom line is that whatever gets

49

constructed must have sufficient capacity to accommodate the passenger and freight growth that will inevitably be the result of the projects included in the 2040 plan.

Very Truly Yours

rn

President

Chicago South Shore & South Bend RR

The current transportation policy, Fixing America’s Surface Transportation Act (FAST) Act, was signed into law on December 4, 2015. The FAST Act, along with its predecessor, Moving Ahead for Progress in the 21st Century Act (MAP-21), established new requirements for performance management to ensure the most efficient investment of Federal transportation funds. States will invest resources in projects to achieve individual targets that collectively will make progress toward the national goals.

National performance goals for Federal Highway programs:

• Safety – to achieve a significant reduction in traffic fatalities and serious injuries on all public roads.

• Infrastructure condition – To maintain the highway infrastructure asset system in a state of good repair.

• Congestion reduction – To achieve a significant reduction in congestion on the National Highway System (NHS).

• System reliability – To improve the efficiency of the surface transportation system.

• Freight movement and economic vitality – To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.

• Environmental sustainability – To enhance the performance of the transportation system while protecting and enhancing the natural environment.

• Reduced project delivery delays – To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices.

The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) issued new transportation planning rules on the statewide and metropolitan transportation planning processes to reflect the use of a performance based approach to decision-making in support of the national goals. These processes must document in writing how the Metropolitan Planning Organizations (MPOs), Indiana Department of Transportation (INDOT) and providers of public transportation shall jointly agree to cooperatively develop and share information related to transportation performance data, the selection of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO (see 23 CFR 450.306(d)) and the collection of data for the INDOT asset management plan for the National Highway System specified in in 23 CFR 450.314(h).

FTA has performance measures for Transit Asset Management, and final regulations are published and in effect. FHWA has performance measures and final regulations published for Safety, Bridge and Pavement Conditions, Congestion Reduction and System Reliability, but only the Safety Performance Measure regulation is in effect at this time.

INDOT along with the MPOs and FHWA will continue to collaborate to identify Performance Targets for each Performance Measure. Once Performance Targets are established, the Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) will be modified to reflect this information.

For FHWA and FTA to approve any TIP amendments after May 27, 2018, the INDOT, MPOs and Public Transit Operators must reflect this information and describe how projects in the TIP/STIP, to the maximum extent practicable, achieve the Federally required performance targets identified in the Statewide and Metropolitan Transportation Plans, linking investment priorities to these performance targets.

Safety

The INDOT, the MPOs, FHWA, and Indiana Criminal Justice Institute (ICJI) are actively discussing and collaborating on the Safety Performance Measures and Safety Performance Targets. INDOT will submit their Safety Performance Measures by August 31, 2017, and the MPOs will have until February 27, 2018 to follow INDOT’s submission to either support the INDOT Safety Targets or set independent targets. The Highway Safety Improvement Program (HSIP) is a primary source of federal funds for qualifying safety improvement projects. HSIP along with other funding sources are used to implement safety improvements with the purpose to reduce roadway crashes, and a corresponding reduction in fatalities and serious injuries on all public roads. The five specific safety performance measures are:

1. Number of fatalities;

2. Rate of fatalities;

3. Number of serious injuries;

4. Rate of serious injuries; and

5. Number of non-motorized fatalities and non-motorized serious injuries

If FHWA makes effective the rules they have published for assessing pavement and bridge condition for the National Highway Performance Program and performance of the National Highway System (NHS), freight movement on the Interstate System and Congestion Mitigation and Air Quality (CMAQ) improvement program, INDOT and the MPOs will have to establish performance targets for these measures, too.

Pavement and Bridge

The pavement and bridge condition performance measures are applicable to the Interstate and non-Interstate Highways that comprise the National Highway System (NHS). The NHS includes the Interstate Highway System as well as other roads important to the nation's economy, defense, and mobility. The measures are focused on the condition of pavement and bridges, including ramps utilized to access the system. There are four measures to assess pavement condition and two measures for assessing bridge condition.

Pavement Performance Measures

1. Percentage of pavements of the Interstate System in Good condition

2. Percentage of pavements of the Interstate System in Poor condition

3. Percentage of pavements of the non-Interstate NHS in Good condition

4. Percentage of pavements of the non-interstate NHS in Poor condition

Bridge Performance Measures

1. Percentage of NHS bridges classified as in Good condition

2. Percentage of NHS bridges classified as in Poor condition

The INDOT, the MPO and FHWA will collectively develop targets for the pavement and bridge performance measures. The National Highway Performance Program is a core Federal-aid highway program that provides financial support to improve the condition and performance of the NHS, and the construction of new NHS facilities. INDOT utilizes these funds for maintenance activities on the NHS.

System Performance

The system performance measures are also applicable to the Interstate and non-Interstate NHS. These performance measures assess system reliability and freight movement, and establish several measures for on-road mobile source emissions consistent with the Congestion Mitigation and Air Quality (CMAQ) Program. There are two measures for assessing reliability, one measure to assess freight movement, and three measures for the CMAQ program.

Reliability Performance Measures

1. Percent of the Person-Miles Traveled on the Interstate System That Are Reliable

2. Percent of Person-Miles Traveled on the Non-Interstate NHS That Are Reliable

Freight Movement Performance Measure

1) Truck Travel Time Reliability (TTTR) Index

CMAQ Measures

1. Annual Hours of Peak-Hour Excessive Delay Per Capita Percent of Non-SOV Travel

2. Percent Change in Tailpipe CO2 Emissions on the NHS Compared to the Calendar Year 2017 Level

3. Total Emissions Reductions

RESOLUTION 17-11

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION MAKING THE AIR QUALITY CONFORMITY DETERMINATION FOR THE 2040 COMPREHENSIVE REGIONAL PLAN UPDATE COMPANION AMENDMENT #4 AND FISCAL YEAR 2018 to 2021 TRANSPORTATION IMPROVEMENT PROGRAM WITH RESPECT TO OZONE

May 18, 2017

WHEREAS, Northwest Indiana’s citizens require a safe, efficient, effective, resource- conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

WHEREAS, the implementation of the Clean Air Act Amendments of 1990 has established National Ambient Air Quality Standards for ozone; and

WHEREAS, Lake and Porter Counties have been designated as a non-attainment area with respect to the “8-hour” standard for ozone; and

WHEREAS, The Clean Air Act Amendments of 1990 requires that a Metropolitan Planning Organization’s Long Range Transportation Plans and Transportation Improvement Programs conform to the State Implementation Plan for Air Quality by causing the Summer day emissions of Volatile Organic Compounds and Nitrous Oxides from highway mobile sources to be at or below the Motor Vehicle Emissions Budgets in the State Implementation Plan for the ozone non-attainment area; and

WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “The Commission,” being designated the Metropolitan Planning Organization for the Lake, Porter and La Porte County Region, has established a regional, cooperative, and comprehensive planning program to develop the unified planning work program, long- range transportation plan and transportation improvement program; to annually endorse the plans and programs; to facilitate federal transportation funding for the Indiana Department of Transportation, regional communities and transit operators, and to provide technical assistance and expertise to regional transportation interests; and

WHEREAS, the Commission performs the above mentioned activities to satisfy regional requirements under the Fixing America’s Surface Transportation (FAST) Act, as well as other federal, state and local legislation mandating cooperative, comprehensive and continuing regional transportation planning activities; and

WHEREAS, the 2040 Comprehensive Regional Plan Update Companion Amendment #4 and Fiscal Year 2018 to 2021 Transportation Improvement Program are the products of a multi-modal, continuous, cooperative, and comprehensive transportation planning process; and

WHEREAS, the implementation of the projects in the 2040 Comprehensive Regional Plan Update Companion Amendment #4 and the Fiscal Year 2018 to 2021 Transportation Improvement Program will result in Summer day highway mobile source emissions of Volatile Organic Compounds and Nitrogen Oxides in 2015, 2020, 2025, 2030, 2035, 2040 and 2045 that will be below the motor vehicle emissions budgets in the State Implementation Plan for the ozone non-attainment area; and

WHEREAS, the Commission has solicited public comment on the Air Quality Conformity Analysis between March 21, 2017 and April 21, 2017; and

WHEREAS, the Commission’s Technical Planning Committee gave its favorable recommendation of Resolution 17-11 to the Commission for approval.

NOW, THEREFORE, BE IT RESOLVED that Commission officially makes the Air Quality Conformity Determination for the 2040 Comprehensive Regional Plan Update Companion Amendment #4 and Fiscal Year 2018 to 2021 Transportation Improvement Program with respect to ozone

Duly adopted by the Northwestern Indiana Regional Planning Commission this eighteenth day of May, 2017.

Michael W. Griffin Chairperson

ATTEST:

Diane Noll Secretary

Air Quality Conformity Determination‌

Between

The 2040 Comprehensive Regional Plan Update Companion Amendment #4 and The Fiscal Year 2018 to 2021 Transportation Improvement Program as adopted and

The Indiana State Implementation Plan for Air Quality

May 18, 2017

Northwestern Indiana Regional Planning Commission Portage, Indiana

www.nirpc.org

Table of Contents

Purpose

The purpose of this report is to document compliance with section 176(c) of the Clean Air Act as amended (CAAA), and the related requirements of the Final Transportation Conformity Rule (40 CFR Part 51 and 40 CFR Part 93). The air quality conformity determination establishes the compatibility between the state implementation plan, the regional transportation plan and transportation improvement program. The transportation plan includes the region’s guide for transportation system development over a minimum twenty- year period. The transportation improvement program (TIP) includes the region’s choices for Federal spending on expansion and preservation of the transportation system over a four to five year period. The State Implementation Plan (SIP) includes strategies for attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The conformity determination is based on a regional emissions analysis that demonstrates compatibility among these three planning documents. The regional emissions analysis uses the region’s transportation network model and the USEPA’s MOVES 2014a emissions simulator to quantify the emissions from all vehicles on the future transportation system. For Lake and Porter Counties, annual emissions of nitrogen oxides and volatile organic compounds must not exceed Motor Vehicle Emissions Budgets as established in the State Implementation Plan. The system that was analyzed includes, regardless of funding sources, all regionally significant capacity expansion projects in the Lake, Porter and LaPorte County area, all significant projects in northeastern Illinois, and a portion of Newton and Jasper Counties in order to satisfy the logical termini consistency with the NEPA process 23 CFR 771.

Applicability

Action Applicability

This conformity determination is required for: adoption, acceptance, approval or support of the Regional Transportation Plan (2040 Comprehensive Regional Plan as updated and amended) and the to be adopted Transportation Improvement Program (Fiscal Year 2018 to 2021 Transportation Improvement Program) developed pursuant to 23 CFR Part 450 and 49 CFR Part 613.

Geographic Applicability

This conformity determination is required in the ozone non-attainment area, including the Lake/Porter County non-attainment area with respect to the Summer day mobile-source emissions of VOCs and NOx. Lake and Porter Counties are designated as non-attainment of the 1997 National Ambient Air Quality Standard (NAAQS) for “8-hour” ozone. Lake and Porter Counties are designated nonattainment for the 2008 Ozone NAAQS, but since no approved SIP exists for this NAAQS, conformity is only required for the 1997 Ozone SIP. This analysis examines parts of LaPorte, Newton and Jasper Counties in order to be consistent with the logical termini requirement for the NEPA process, even though these counties are in attainment of the NAAQS.

This conformity determination is based on the requirement of 40 CFR 93.118 (Federal Transportation Conformity Rule) for the regional emissions analysis to indicate compliance with the emissions budgets established in the State Implementation Plan for VOC and NOx emissions in Lake and Porter Counties. The regional transportation plan and transportation improvement program must not result in Summer day emissions of VOC and NOx in 2020, 2025, 2030, 2035 and 2040 in excess of the applicable budgets. 2045 is added as an analysis year in order to satisfy the desires of the Interagency Consultation Group on Air Quality.

Priority

Transportation Control Measures (TCM) in the State Implementation Plan must be given funding priority in the FHWA/FTA approval of any action with air quality consequences. The State Implementation Plan for Lake and Porter Counties includes no transportation control measures. This conformity determination is not required

to demonstrate priority for TCMs.

Consultation

This conformity determination has been conducted with the involvement of the United States Department of Transportation (USDOT) through the Federal Highway Administration Indiana Division (FHWA) and Federal Transit Administration Region 5 (FTA), United States Environmental Protection Agency Region 5 (USEPA), Indiana Department of Transportation (INDOT), Indiana Department of Environmental Management (IDEM), and Northwestern Indiana Regional Planning Commission (NIRPC).

The consultation process included the issues and procedures that are listed in 40.CFR 93.105 of the final conformity rule and the August 2007 Interagency Consultation Guidance.

An Interagency Consultation Group (ICG) meeting was conducted on January 30, 2017 at 1:00 PM Central Time by teleconference. The meeting was attended by Scott Weber, Kathy Luther, and James Winters of NIRPC; Lisa Shrader, Jay Mitchell, and Frank Baukert of INDOT; Joyce Newland of FHWA, Tony Maietta of USEPA, and Shawn Seals of IDEM. Ross Patronsky from the Chicago Metropolitan Agency for Planning (CMAP) and John Parsons and Nicole Barker from the Northern Indiana Commuter Transportation (NICTD) also joined the call. Scott Weber opened the call and began by offering a timeline of NIRPC’s expected action to adopt the Fiscal Year 2018 to 2021 Transportation Improvement Program (TIP), anticipated in May 2017. This means that the Air Quality Conformity Determination Analysis covering all non-exempt, regionally significant projects will have to be made available to Public Comment from between March 13, 2017 to April 13, 2017.

Scott Weber then updated the ICG on the latest conformity requirements for Lake and Porter Counties in Indiana, that they are non-attainment for the 2008 Ozone National Ambient Air Quality Standard (NAAQS). This means that it must be shown using the latest available Motor Vehicle Emissions Budgets (MVEB) found in the State Implementation Plan (SIP) that emissions caused by these certain projects in the FY 2018 to 2021 TIP result in emissions at or below the ozone precursor emissions in the MVEB.

Scott Weber then updated participants about the non-exempt regionally significant projects expected to be included in the FY 2018 to 2021 TIP. John Parsons and Nicole Barker gave an update on the NICTD West Lake Corridor and Double Tracking projects, which would improve commuter rail service between Northwest Indiana and Chicago. John and Nicole confirmed that the STOPS model projects ridership on the West Lake Corridor at 7,000 by the year 2040 and nearly 27,000 on the entire system, including the West Lake Corridor plus the existing Double Tracked system by 2040, representing an increase of approximately 12,000 riders from the current average weekday boardings on the NICTD service. Scott then informed the group that when modeling the West Lake Corridor and Double Tracking projects using NIRPC’s model, he was not observing this high a ridership in 2040. The group then decided that it would be best for NIRPC to run 2 scenarios for each model year: 1 using the NIRPC model parameters as is for the 2 projects, and 1 replicating the ridership in the STOPS Model. Both projects would first appear as open to traffic by 2025, missing the January 1, 2020 open to traffic cutoff to be modeled in 2020.

Joyce Newland then brought up the issue of what to do with the Illiana Corridor. Jay Mitchell reported that officially INDOT is prepared to advance work on the project as soon as Illinois resumes support, and that INDOT has no action to delay or withdraw a project. Scott Weber and Kathy Luther at NIRPC stated that it may be unwise for NIRPC to expose a document to public comment showing that the Illiana Corridor would be open to traffic in 2020. Ross Patronsky at CMAP reported that, on the recommendation of the FHWA Chicago Metro Office, the Illiana Corridor completion year was moved back from 2018. The year 2040 was chosen for CMAP’s conformity purposes. The group requested that Jay Mitchell ask higher-ups at INDOT what their response to pushing back the Illiana Corridor to a later year would be. In the meantime,

the group decided that Scott should send a 2020 model run into INDOT for air quality analysis that excludes the Illiana to see if it would cause a violation.

Scott Weber then updated the ICG that he checked with the carried over projects from the previous Air Quality Conformity Determination Analysis to make sure that they were still on track for their proposed open to traffic years. Scott reported that 2 projects slated for 2020 have already been opened to traffic: 61st Ave in Hobart and the first phase of Mississippi St in Merrillville. The phasing on the Schererville Kennedy Ave project had to be divided up into 2 phases. Junction Ave to US-30 would still be slotted for 2025, but that the phase between Oak St and Junction Ave would be rescheduled to open to traffic by 2030. The SR-249 Port of Indiana Burns Harbor second access bridge project would be pushed back from 2020 to 2025 because the anticipated open to traffic date would be later in the year 2020.

The ICG agreed that the Latest Planning Assumptions still apply because NIRPC has not undertaken more recent population or employment forecasts and is still operating under the 2040 Comprehensive Regional Plan Update Companion as adopted in May 2015.

Scott Weber and Frank Baukert confirmed that the expected timeline for modeling the non-exempt, regionally significant projects that need to be modeled for the Air Quality Conformity Determination Analysis would be completed by the first week of March 2017. This means that Scott agrees to send Frank the network model results by February 14, and that Frank will be able to turn those network model results into air quality emissions results by March 3, 2017.

On February 3, 2017, Scott Weber of NIRPC, John Parsons and Nicole Barker of NICTD, and the consultant team of Kim Slaughter and Vijay Mahal of HDR, Inc., held a teleconference call to discuss NICTD’s request that the Air Quality Conformity Determination include one consistent ridership scenario with the STOPS Model serving as the basis for the modeled ridership, and then the NIRPC network model being calibrated to match this ridership forecast in order to show resulting auto and truck vehicle flows. All participants on the call agreed that this was a desirable and achievable task. Scott Weber then calibrated the NIRPC network model in the years 2025 and later to reflect the STOPS model showing approximately 27,000 riders on the NICTD system in 2040.

On February 7, 2017, Scott Weber sent the Interagency Consultation Group (ICG) an update that he had spoken with the Northern Indiana Commuter Transportation District (NICTD) and their consultant team about using one consistent ridership forecast and that he heard from Frank Baukert and Jay Mitchell at INDOT that removing the Illiana Corridor project from the 2020 network would not result in emissions exceeding the 2020 Motor Vehicle Emissions Budgets (MVEB). Hearing no objections, the ICG decided to allow one consistent NICTD ridership forecast scenario and remove the Illiana Corridor from the 2020 network (but keep it in later years).

On March 9, 2017, an Interagency Consultation Group (ICG) teleconference call was held to review the draft Air Quality Conformity Determination Analysis. A project to review, INDOT DES # 1700406 to modify the approach on I-80/94 Westbound to its interchange with I-65, was added to the agenda on March 8, 2017. Amanda Pollard, Stephen Sostaric, Scott Weber, and James Winters of NIRPC; Frank Baukert, Jay Mitchell, and Stephan Summers of INDOT; Shawn Seals of IDEM; Joyce Newland of FHWA; Susan Weber of FTA; Tony Maietta of USEPA; Ross Patronsky of CMAP; and Nicole Barker of NICTD joined the call. Stephan Summers presented INDOT DES # 1700406, and the group decided there was not enough information at the time to determine whether or not the project is exempt from Conformity. It was decided Scott Weber would provide traffic information from the NIRPC Travel Demand Model after the call to help the ICG determine whether or not the project would be exempt from Conformity. The group decided that Scott Weber needs to reach out to Michael Ready at INDOT in order to verify if in fact the southern terminus of the I-65 Added Travel Lanes Project DES # 1400349 is in fact SR-10, or if it is not that far south. Finally, the group also decided that the Illiana Corridor should be shown as first open to traffic in 2040 to agree

with the Illinois Department of Transportation and CMAP, not in 2025 as shown in the draft Conformity Determination Analysis document. For these reasons, a new ICG call with an updated draft would need to be scheduled soon, but NIRPC staff repeated that this would not ultimately impact the anticipated timeline to adopt the FY 2018-2021 Transportation Improvement Program in May 2017.

Scott Weber sent an email out to the ICG on March 9, 2017 with traffic metrics from the NIRPC Travel Model characterizing INDOT DES # 1700406 before and after the interchange modification. Scott Weber heard from Michael Ready that the I-65 Added Travel Lanes Project DES # 1400349 is SR-2. Joyce Newland decided with ICG approval on March 13, 2017 that the project is exempt from Conformity, but that it is still appropriate to include in the Network Model.

The Interagency Consultation Group (ICG) on Air Quality held a teleconference on March 21, 2017. Amanda Pollard and Scott Weber from NIRPC; Frank Baukert, Jay Mitchell, Michael Ready, Lisa Shrader, and Stephan Summers from INDOT; Joyce Newland from FHWA; Susan Weber from FTA; and Tony Maietta from USEPA joined the call. The group discussed the latest draft of the Air Quality Conformity Determination Analysis document. Joyce Newland commented that additions should be made to the Consultation section to reflect that the I-65 Added Travel Lanes project southern terminus was confirmed with Michael Ready at INDOT. The group agreed to make this change. Joyce Newland commented in Table 1 for DES # 1400585 that the project agency should be changed from INDOT to East Chicago, and the road should be changed from SR-912 to Cline Ave. The group agreed with this change. Scott Weber commented that he would get any missing DES numbers if possible. Tony Maietta said that it would be helpful if more information is written about the Air Quality Public Education CMAQ-funded project used to claim offset emissions for exceeding the 2020 budget. Also, Tony Maietta said it would be helpful if Table 4 showed the quantified emissions reductions from the project. The ICG agreed to both of these changes. The ICG agreed to the timetable of next steps. Joyce Newland asked if NIRPC still plans to amend the FY 2016 to 2019 TIP to include the I-80/94 Interchange Modification project with I-65 (DES # 1700406), and Scott Weber said NIRPC intends to do so in April. Stephan Summers and Lisa Shrader confirmed an April amendment is ok with INDOT. Scott Weber ended the call by stating that he would email out a revised copy for the ICG to look over before posting it on the NIRPC website and releasing it for public comment. The ICG agreed that to be consistent with NIRPC’s Public Participation Plan that the end date should be adjusted to be 30 days after the posting date even though strictly speaking not being in a Severe Non- attainment area would allow the 30 day public comment period to be reduced.

On March 21, 2017, Amanda Pollard and Scott Weber confirmed with Merrillville that the 101st Avenue Added Travel Lanes project between SR-53 and Mississippi St is not being funded with MPO-administered funds, so there would be no DES number. NIRPC also confirmed with James Winters that no NICTD DES numbers are available as of this printing, but that none would be required in time to satisfy the rest of the public comment period. No other projects with missing DES numbers had received DES numbers as of this printing.

Public consultation

In compliance with the adopted NIRPC Public Participation Plan, an opportunity for public comment on the proposed conformity determination has been provided. A media release was issued on March 14, 2017 that established a comment period extending from March 14, 2017 to April 21, 2017, with the conformity determination being available for 30 days between March 21, 2017 and April 21, 2017. This proposed conformity determination is available to the public for review at the NIRPC offices, 6100 Southport Road, Portage and on the web at www.nirpc.org. No comments were received specific to the Air Quality Conformity Determination.

Content of the Transportation Plan

The transportation plan specifically describes the transportation system envisioned for the following horizon years: 2020, 2025, 2030, and 2040. An additional horizon year of 2045 was agreed to by the ICG. These horizon years meet the USEPA’s requirements of 40 CFR 93.106 (a)(1) of the conformity rule.

The 2040 Comprehensive Regional Plan quantifies and documents the demographic and employment factors influencing expected transportation demand. The future levels of population, households and employment imply the magnitude of development envisioned for each traffic analysis zone. These forecasts are based on the 2040 Growth and Revitalization Vision adopted by NIRPC on October 28, 2010. The NIRPC 2040 Comprehensive Regional Plan was formally adopted on June 23, 2011 and updated on May 21, 2015. This conformity determination applies adjustments from the 2010 Census to the forecasts, a directive agreed to by the ICG.

The highway and transit systems are described in terms of the regionally significant additions or modifications to the existing transportation network, which the transportation plan envisions to be operational in the analysis years. The capacity-expansion projects in the 2040 Regional Transportation Plan are listed on Table 1.

Additions and modifications to the highway network are sufficiently identified to indicate intersections with existing regionally significant facilities, and to determine their effect on route options between transportation analysis zones. Each added or modified highway segment is sufficiently identified in terms of its design concept and design scope to allow modeling of travel times under various traffic volumes, consistent with the modeling methods for area-wide transportation analysis in use by NIRPC. The NIRPC transportation model includes network links representing road segments for all collector and higher functional classifications, with nodes representing all significant intersections.

Transit facilities, equipment, and services envisioned for the future are identified in terms of design concept. The design scope and operating policies for these transit projects have been assumed for the regional emissions analysis, based on local transit services. The NIRPC transportation model includes a mode choice model, and the transportation model is used to estimate transit ridership from the implementation of future transit facilities, equipment and services. Table 1 lists the projects, beginning with projects proposed for completion since 2010.

Table 1. 2040 Comprehensive Regional Plan as Update and FY 2018 to 2021 Transportation Improvement Program Capacity Expansion Projects in the Regional Emissions Analysis

2020 Network (includes the following projects)

2025 Network (includes the 2020 network, plus the following projects)

2030 Network (includes the 2025 network, plus the following projects)

2040 Network (includes the 2030 network, plus the following projects)

The NIRPC transportation modeling process does not include a land use model. The socioeconomic data for the traffic analysis zones reflect the 2040 Growth and Revitalization Vision for northwestern Indiana.

Relationship of Transportation Plan and TIP Conformity with the National Environmental Policy Act (NEPA) Process

The degree of specificity required in the transportation plan and the specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process, including environmental assessment and preparation of environmental impact statements, or other project development studies. Should the NEPA process result in a project with design concept and scope significantly different from that in the transportation plan or transportation improvement program, the project must meet the tests for total annual system emissions equal to or below the level of the 2002 emissions or the applicable budgets for the analysis years, and provide for TCM priority, if applicable, before NEPA process completion.

During the Congestion Management Process (CMP) and other analyses for the capacity expansion projects in the 2040 Regional Transportation Plan, options other than the assumed design concept and design scope must be considered.

Fiscal Constraints for the Transportation Plan and TIP

NIRPC has reviewed all of the projects in the 2040 Comprehensive Regional Plan as updated to determine through project sponsor interviews and the Transportation Policy Committee that the projects meet requirements for fiscal constraint. INDOT has submitted under separate cover a document that describes how the proposed Statewide Transportation Improvement Program (STIP), including those projects in the FY 2018 to 2021 Transportation Improvement Program, meets fiscal constraint requirements. The Transit Operators Roundtable has thoroughly vetted the transit projects in the 2040 Comprehensive Regional Plan as updated to determine that they meet fiscal constraint requirements.

Criteria and Procedures for the Conformity Determination

The Interagency Consultation Group Conformity Consultation Guidance establishes the criteria and procedures for the Conformity Determination. The Indiana SIP includes a duplicate of the original Federal transportation conformity rule. On August 15, 1997, after the establishment of the Indiana conformity rule as part of the SIP, the Federal conformity rule was amended to provide flexibility and streamlining. On June 1, 1998, IDEM issued a nonrule policy document that provides guidelines for conformity determination in light of Federal amendments. The nonrule policy document established the intent of IDEM to revise the SIP to mirror the new Federal amendments and to exercise its enforcement discretion to allow the features of the Federal amendments to be used.

The conformity determination for the 2040 Comprehensive Regional Plan as updated and amended and Fiscal Year 2018 to 2021 Transportation Improvement Program meets the requirements of 40 CFR 93.110 (latest planning assumptions), 93.111 (latest emissions model), and 93.112 (consultation) of the Federal conformity rule, for conformity determinations during all periods, and 40 CFR 93.113 (b and c) (transportation control measures), 93.118 (adherence to motor vehicle emissions budgets), and 93.119 (interim emissions reductions) of the conformity rule, for the transportation improvement program conformity determination with respect to Summer day VOC and NOx emissions.

Latest Planning Assumptions

The conformity determination is based on the latest planning assumptions. The transportation model uses the assumptions derived from estimates of current and future population, households, employment, travel and congestion most recently developed and approved by NIRPC. The estimates include 2010 population estimates from the 2010 Census, and employment estimates from the Indiana Department of Workforce Development ES-202 file. Trip generation rates, trip length, mode choice and other model parameters are based on a 1995 Household Travel Survey in Northwestern Indiana and compared to nationwide data. The 2007-2008 Household Travel Survey has not been incorporated into the trip generation rates for the transportation network in time for this Conformity Determination, although this is consistent with prior conformity determinations. The travel demand model was validated with respect to the year 2012 Highway Performance Monitoring System. The 2020, 2025, 2030, 2035 and 2040 population, household and employment forecasts were prepared in March 2011 and intermediate years updated to take into account the 2010 Census in January 2015 by NIRPC, using the latest available information. The 2045 population, household and employment forecasts were projected out from 2040 based on the 2035-2040 trend.

The transit operating policies (including fares and service levels) were changed for the previous conformity determination and are reflected in this conformity determination. Changes are assumed in existing transit fares within northwest Indiana over time. The model represents tolls on the Indiana Toll Road, the Illiana Corridor, and Cline Avenue Bridge by links that correspond to tollbooths with a fixed travel time, based on the toll amount. The toll increases have been reflected in the transportation networks.

Planning Assumptions

1. Population forecasts have been prepared by NIRPC. For the development of the 2040 CRP, NIRPC has been allowed to use forecasts that are not constrained by the county control totals, which have tended to underestimate growth in the region. The population numbers show a large increase in Porter County, and a slight increase in LaPorte County and Lake County. The population, households and employment data are allocated to the traffic analysis zones and are used in the regional emissions analysis. The totals for the three-county area are included in Table 2.

   
   

   Table 2. Socioeconomic Totals

   
   

   Year	Population	Households	Employment
   2000	741,468	277,324	303,850
   2010	771,815	292,477	277,584
   2015	775,200	291,315	280,147
   2020	827,438	337,211	302,828
   2025	855,249	359,578	315,450
   2030	883,060	381,944	328,071
   2035	910,872	404,311	340,693
   2040	938,683	426,678	353,315
   2045	966,497	449,046	365,937

   
   

2. The Highway Performance Monitoring System (HPMS) data provided the basis for an analysis of the growth in Vehicle-Miles of Travel. Based on this data, the actual annual rate of growth of travel can be determined. For the three-county area, the rates range from -0.88% per year to 2.84% per year between 1993 and 2008. Over this period, the annual rate of growth is 1.85% per year.

   
   

   Table 3. Vehicle-Miles of Travel

   
   

   Data from the Highway Performance Monitoring System (HPMS)

   Year	VMT Estimate (HPMS)	Annual Rate of Growth
   1993	18,829,591
   1994	18,663,552	-0.88%
   1995	19,847,112	2.67%
   1996	19,842,716	1.76%
   1997	21,058,741	2.84%
   1998	21,638,065	2.82%
   1999	21,249,847	2.04%
   2000	21,527,000	1.93%
   2001	21,987,000	1.96%
   2002	22,147,635	1.82%
   2003	22,201,000	1.66%
   2004	22,154,000	1.49%
   2005	22,216,000	1.39%
   2006	22,305,000	1.31%
   2007	22,397,000	1.25%
   2008	21,792,000	0.98%
   2009	26,507,000	2.55%
   2010	20,359,000	0.48%
   2011	26,545,000	2.28%
   2012	25,461,000	1.85%

   
   

   
   

3. Vehicle registration data have been received from the Indiana Bureau of Motor Vehicles. These data are split by vehicle type, and have an associated date of approximately December 31, 2014. The

   Indiana Department of Environmental Management provided vehicle age information for cars and light trucks, from the application of a vehicle identification number (VIN) decoder as well as registrations by vehicle type directly from the Bureau of Motor Vehicles. This vehicle registration data have been used in MOVES, reflecting vehicle fleet age by vehicle type for smaller vehicles. For larger vehicle types, default data have been determined to be the best available fleet age information.

   
   

   Horizon Year

   
   

   The horizon year is 2040. An extra horizon year of 2045 was added by consultation with the ICG. The 2040 Comprehensive Regional Plan provides a policy-oriented distribution of population and households. This distribution is reflected in the project selection system for the plan, giving significant weight to projects in the revitalization areas in Gary, Hammond, East Chicago and Michigan City, as well as livable centers that provide for mixed land uses and greater transportation options.

   
   

   The methods and assumptions for the transportation network model in the regional emissions analysis are included in The Transportation Model Documentation Report.

   
   

   Latest Emissions Model

   
   

   On March 2, 2010 the USEPA officially released the MOVES model, with a two year grace period. The MOVES model was updated in July 2014. INDOT has provided a utility that prepares the output of a TransCAD model for use with MOVES. INDOT has also run the MOVES model and provided emissions factors to all metropolitan areas in the state for use in conformity analysis. The MOVES2014a model has been used for this conformity analysis. The motor vehicle emissions budgets (MVEB) have been revised to use the MOVES emissions rates.

   
   

   TCM Implementation

   
   

   The 2040 Regional Transportation Plan and Fiscal Year 2018 to 2021 Transportation Improvement Program are not required to provide for timely implementation of TCMs from the SIP, since the SIP currently contains no TCMs.

   
   

   Consistency with the Motor Vehicle Emission Budgets in the SIP

   
   

   The regional emissions analysis has estimated emissions of VOC and NOX as ozone precursors. The regional emissions analysis includes estimates of emissions from the entire transportation system, including all regionally significant projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment area in the time frame of the transportation plan. Table 4 shows that regional emissions for the ozone precursors fall at or below the budgets in the State Implementation Plan for the 1997 Ozone Summer Day 8-hour standard (used in lieu of an applicable 2008 Ozone Summer Day 8-hour standard because Indiana has yet to adopt a State Implementation Plan for that standard).

   
   

   The emissions analysis methodology meets the requirements of 40 CFR 93.122(b) of the Federal Conformity Rule, for conformity determinations based on estimates of regional transportation-related emissions completed after January 1, 1997.

   
   

   Implementation of the Lake and Porter County projects in the regional transportation plan results in motor vehicle emissions that are at or below the levels of the applicable Motor Vehicle Emissions Budgets, as shown in Table 4.

   
   

   Emission Reductions in Areas Without Motor Vehicle Emissions Budgets

   The establishment of Motor Vehicle Emissions Budgets that cover ozone and fine particles and their precursor emissions eliminates the requirements to demonstrate emissions reductions.

   
   

   Procedures for Determining Regional Transportation-Related Emissions

   
   

   The regional emissions analysis for the transportation projects includes calculations of vehicle emissions at the aggregate level for the entire transportation system, including all regionally significant expansion projects expected in the nonattainment area. The analysis includes FHWA/FTA-funded projects proposed in the transportation plan, all Indiana Toll Road projects and all other regionally significant projects which are disclosed to NIRPC. Vehicle miles traveled (VMT) from projects which are not regionally significant are estimated in accordance with reasonable professional practice, using the regional travel demand model and the procedure for projects that are regionally significant.

   
   

   The regional emissions analysis does not include any TCM. The regional emissions analysis does not include emissions reduction credit from projects, programs, activities, or control measures which require a regulatory action in order to be implemented.

   
   

   Ambient temperatures used for the regional emissions analysis are consistent with those used to estimate the emissions in 2002. All other factors, for example the fraction of travel in a hot stabilized engine mode, are consistently applied.

   
   

   Reasonable methods have been used to estimate nonattainment area VMT on off-network roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area. For 2020, 2025, 2030, 2035, 2040 and 2045, estimates of regional transportation-related emissions used to support the conformity determination have been made using the MOVES2014a post-processor updated with the latest vehicle registration data..

   
   

   Land use, population, employment, and other network-based travel model assumptions have been documented based on the best available information. The land development and use in the 2040 Growth and Revitalization Vision adopted by NIRPC and underpinning the 2040 Regional Transportation Plan are consistent with the future transportation system alternatives for which emissions have been estimated. The distribution of employment and residences are reasonable.

   
   

   A capacity-sensitive assignment methodology has been used, and emissions estimates are based on a methodology, which differentiates between peak and off peak link volumes and speeds, and uses speeds based on final assigned volumes, post-processed in the database. Zone-to-zone travel impedances used to distribute trips between origin and destination pairs are in reasonable agreement with the travel times that are estimated from final assigned traffic volumes, using a feedback procedure iterated five times. These times have also been used for modeling mode splits. The network-based travel model is reasonably sensitive to changes in the time(s), cost(s), and other factors affecting travel choices. Reasonable methods in accordance with good practice have been used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network-based travel model. Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled (VMT) are considered the primary measure of VMT within the portion of the nonattainment area and for the functional classes of roadways included in the nonattainment area.

   
   

   Regional Transportation-Related Emissions Results

   
   

   Table 4 presents the results of the regional transportation emissions analysis for the 2040 Comprehensive Regional Plan as updated and amended, and the FY 2018 to 2021 Transportation Improvement Program including the projects as specified in Table 1. As seen in this table, the emissions are at or lower than the budgets for Ozone precursor emissions in 2020, 2025, 2030, 2035, 2040, and 2045.

   
   

   Table 4. Regional Emissions Analysis Results

   
   

   Ozone Emissions in U.S. Tons per Day Lake and Porter Counties

   	2020	2025	2030	2035	2040	2045
   VOC Budget	5.99	5.99	5.99	5.99	5.99	5.99
   VOC Emission	6.01	5.28	4.02	3.15	2.82	2.72
   NOx Budget	16.69	16.69	16.69	16.69	16.69	16.69
   NOx Emissions	14.93	10.20	7.79	6.60	6.63	6.37
   VOC Emissions with Air Quality Public Education	5.97	N/A	N/A	N/A	N/A	N/A

   
   

   Conclusion

   
   

   The Summer day on-road mobile source emissions of the precursors of ozone (VOC and NOx) in Lake and Porter Counties that result from the implementation of the projects in the 2040 Regional Transportation Plan as updated and the Fiscal Year 2018 to 2021 Transportation Improvement Program in the years 2025, 2030, 2035, 2040 and 2045 are at or less than the Motor Vehicle Emission Budgets established in the Maintenance Plan included in the U.S. EPA approved State Implementation Plan for Lake and Porter Counties. However, the VOC precursor emissions expected to result from the regionally significant, non-exempt projects in Lake in Porter Counties in 2020 are slightly above the Motor Vehicle Emissions Budgets in the State Implementation Plan. Therefore, the Interagency Consultation Group on Air Quality finds that it is first necessary to document an already approved and funded source of VOC emissions reductions in 2020 in order to show that at a reduction of at least 0.02 tons per summer day of VOC not already accounted for in the Transportation Network Model is reasonably expected to occur in 2020 in order to find the 2040 Regional Transportation Plan and Fiscal Year 2018 to 2021 Transportation Improvement Program to conform to the requirements of section 176(c) of the Clean Air Act Amendment and the related requirements of the Federal Transportation Conformity Rule (40 CFR Part 51 and 40 CFR Part 93) with respect to ozone. The Interagency Consultation Group on Air Quality recommends using the already funded and implemented Air Quality Public Education program administered by NIRPC according to its Unified Planning Work Program, which shows a quantifiable reduction of 33.388 kg per summer day of VOC, which is equal to approximately 0.037 tons per summer day, enough to offset the 0.02 tons per summer day exceedance of the budget. Appendix A-1 shows the project highlighted in NIRPC’s current Fiscal Year 2017-2018 Unified Planning Work Program with Congestion Mitigation Air Quality (CMAQ) funding, along with the application that shows the VOC emissions reductions from the project.

   
   

   Appendix A-1: NIRPC Air Quality Public Education

   
   

   In order to demonstrate Air Quality Conformity for the VOC ozone precursor in 2020, it is necessary to identify an already funded Congestion Mitigation Air Quality (CMAQ)-funded project. This practice is consistent with methodology taught in the National Transit Institute’s Introduction to Transportation Conformity course and validated by the course’s instructor, Sarah Siwek of Sarah J. Siwek & Associates. NIRPC staff searched all of the CMAQ-funded projects funded through NIRPC and found one project, an Air Quality Public Education/Outreach project, which would quantifiably reduce VOC emissions by more than 0.02 tons per summer day. As shown on the following tables, the Gas Can Exchange and Ride Sharing outreach components of this program would quantifiably reduce VOC emissions by 33.388 kg per summer day, which is approximately 0.037 tons per summer day. The NIRPC Interagency Consultation Group (ICG) on Air Quality agreed on March 21, 2017 that this project would allow NIRPC to demonstrate Air Quality Conformity and successfully offset the Motor Vehicle Emissions Budget exceedance in 2020 for the VOC precursor of Ozone.

   
   

   

   
   

   

   
   

   

   
   

   

   

   
   

   RESOLUTION 17-12

   
   

   A RESOLUTION OF THE REGIONAL PLANNING COMMISSION APPROVING THE ENVIRONMENTAL JUSTICE ANALYSIS FOR THE FISCAL YEAR 2018 to 2021 TRANSPORTATION IMPROVEMENT PROGRAM AND THE 2040 COMPREHENSIVE REGIONAL PLAN UPDATE COMPANION AMENDMENT #4

   
   

   May 18, 2017

   
   

   WHEREAS, Northwest Indiana’s citizens require a safe, efficient, effective, resource-conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

   
   

   WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “the Commission”, being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has established a regional, comprehensive, cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation stakeholder interests; and

   
   

   WHEREAS, the Commission performs the above activities to satisfy regional requirements under the Fixing American Surface Transportation Act (FAST Act, 2015), as well as other federal, state and local laws mandating transportation planning activities; and

   
   

   WHEREAS, In accordance with Executive Order 12898 of February 11, 1994, which requires a detailed understanding of the potential benefits and burdens transportation projects can place on low-income and minority communities (environmental justice communities). NIRPC has performed an Environmental Justice (EJ) Benefits and Burdens Analysis for the significant projects in the Fiscal Year 2018 to 2021 Transportation Improvement Program and 2040 Comprehensive Regional Plan Update Companion Amendment #4 and found they will have no adverse effect on the environmental justice populations of Northwestern Indiana. For a more detailed explanation, see the attached analysis; and

   
   

   WHEREAS, the Commission’s Technical Planning Committee gave its favorable recommendation of Resolution 17-12 to the Commission for approval.

   
   

   NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby approves the Environmental Justice Analysis for the Fiscal Year 2018 to 2021 Transportation Improvement Program and the 2040 Comprehensive Regional Plan Update Companion Amendment #4.

   
   

   Duly adopted by the Northwestern Indiana Regional Planning Commission on this eighteenth day of May, 2017.

   
   

   

   Michael W. Griffin Chairperson

   
   

   ATTEST:

   
   

   

   Diane Noll Secretary

   Environmental Justice Benefits and Burdens Analysis

   
   

   for the Northwestern Indiana Regional Planning Commission’s (NIRPC’s) Transportation Improvement Program (TIP) for Fiscal Years 2018 to 2021 and Amendment #4 to the 2040 Comprehensive Regional Plan

   Update Companion

   
   

   Prepared by the Northwestern Indiana Regional Planning Commission

   May 2017

   Purpose and Background

   On Feb. 11, 1994, President Bill Clinton issued an Executive Order on Federal actions to address environmental justice in minority and low income populations. It directed every federal agency to make environmental justice part of its mission by identifying and addressing the effects of all programs, policies, and activities on “minority populations and low income populations.” The order was designed to focus Federal attention on the environmental and human health conditions in minority communities and low income communities with the goal of achieving environmental justice. The order promotes nondiscrimination in Federal programs substantially affecting human health and the environment, and to provide minority communities and low income communities’ access to public information on, and an opportunity for public participation in, matters relating to human health or the environment.

   The Northwestern Indiana Regional Planning Commission (NIRPC) is committed to addressing environmental justice in all of its work. As the Metropolitan Planning Organization (MPO) for Northwest Indiana, NIRPC is responsible for planning and programming transportation projects that use Federal funds to maintain and expand the transportation system in the region. In the past, transportation projects have often caused undue burdens on environmental justice communities. NIRPC’s goal is to prevent such undue burdens from occurring in the future. The purpose of this document is to analyze the proposed significant projects included in the Fiscal Year 2018 to 2021 Transportation Improvement Program and 2040 Comprehensive Regional Plan Update Companion Amendment #4 to determine what benefits and/or burdens the significant projects may have on environmental justice populations in Northwest Indiana.

   The proposed significant projects are presented in Table 1. NICTD’s Double Tracking of the South Shore Train would add an extra track for trains east and west-bound, between Tennessee Street in Gary, Indiana and Michigan Boulevard in Michigan City, Indiana. The proposed changes stretch for approximately 25 miles on existing right-of-way for the South Shore Train. This proposed project expects to add 5,000 - 8,000 daily riders to the South Shore Line, increase train frequency by 30%, and improve on-time performance. In addition, double tracking the South Shore Line is expected to significantly reduce travel times along the line especially at station locations farther away from Chicago. NICTD’s 9 mile West Lake Corridor Project between Hammond and Dyer would add a spur from the existing South Shore Line in Hammond to Main St at the Munster/Dyer town border. The West Lake Corridor service would relocate the current Hammond Station to a Hammond Gateway Station and add 3 additional stations: South Hammond, Munster-Ridge, and Main St. The West Lake Corridor service when constructed in tandem with the Double Tracking project is expected to more than double ridership from 12,050 in 2015 to 26,730 by 2040. The INDOT/IDOT Illiana Expressway Corridor project will be moved from an expected completion date of 2020 to 2040, in order to be consistent with the Chicago Metropolitan Agency for Planning (CMAP), the Metropolitan Planning Organization for the Illinois portion of the Chicago area. The Illiana Expressway Corridor project has been a bi-state project from the beginning, so the Federal Highway Administration is requesting that completion years be consistent across state boundaries.

   
   

   

   

   Significant Projects in 2018 to 2021 TIP and 2040 CRP Update Com

   >--7'r--==Z' --i,;-- ---,

   
   

   ('

   
   

   Illian

   
   

   Moved to2040

   
   

   
   

   5 10

   -Road

   -Both Low Income and Minority Area

   20 CJMinority Area

   ••-====-••••• Miles

   
   

   -Low Income Area

   
   

   (XJ

   0

   The INDOT I-65 Added Travel Lanes modification between SR-2 and SR-10 to remove that segment from the plan is a correction for a discrepancy between what INDOT requested NIRPC to take action on in May 2016 and the scope of work in the contract signed for the project later in 2016 that did not show travel lanes on I-65 expected to be added in this particular segment, only a reconstruction of the bridge over the Kankakee River to allow expansion in the future.

   
   

   Table 1: Significant Projects in FY 2018 to 2021 TIP and 2040 CRP Update Companion Amendment #4

   ADDITIONS:

   • NICTD’s 25 mile double tracking project from Gary to Michigan City;

   • NICTD’s 9 mile West Lake Corridor Project between Hammond and Dyer; MODIFICATIONS:

   • INDOT/IDOT Illiana Expressway Corridor: Completion Date moved from 2020 to 2040

   • INDOT’s I-65 Added Travel Lanes between SR-2 and SR-10 removed from the plan.

   Approach

   NIRPC defines the “minority” and “low income” requirements of an environmental justice community in the following ways. “Minority” people are those who do not identify as “white, non- Hispanic,” when completing the Census. People who are considered, “low income” are defined as people who have lived in poverty, at any time, during the last 12 months. Sources used in extrapolating data for this population were taken from the most recent data sets from the Census and the American Community Survey.

   Understanding how the proposed significant projects can impact Northwest Indiana’s environmental justice population was divided into two distinct parts. First, NIRPC sought to understand how the proposed infrastructure changes may impact environmental justice communities in a very physical way. Do the proposed changes require the acquisition of property? Would the proposed changes dislocate disadvantaged people? Would the proposed changes cause disadvantaged people to disproportionality absorb more environmental burden through pollution and other impacts of building new infrastructure? Second, NIRPC explored how the proposed projects may impact the rest of the travel network by disproportionately harming environmental justice communities in terms of travel delays to key community resources.

   To understand the projects’ potential impacts, environmental justice populations were identified, and concentrations of the populations were mapped. Two future scenarios, a “baseline” scenario and a “build” scenario developed and used to determine the effects of the significant projects on environmental justice populations. The baseline scenario consisted of the entire 2040 transportation network that was adopted for the current Fiscal Years 2016 to 2019 Transportation Improvement Program and 2040 CRP Update Companion. The build scenario added the significant

   projects to the baseline network. Each scenario was run through the NIRPC transportation model. The model results were used to analyze the effects of the significant projects on environmental justice populations using 11 performance measures developed to capture resources that are critical to a community’s health. The performance measures are as follows:

   • Average number of jobs within a 20 minute drive

   • Average number of shopping destinations within a 20 minute drive

   • Average number of other destinations within a 20 minute drive

   • Average travel time for work trips

   • Average travel time for shopping trips

   • Average travel time for other trips

   • Average travel time for all trips

   • Percent of population within 20 minutes of a livable center

   • Percent of population within 20 minutes of a retail center

   • Percent of population within 20 minutes of a hospital Results

   The first portion of NIRPC’s analysis is starkly clear in regards to the INDOT/IDOT Iliana Expressway Corridor and INDOT I-65 Added Travel Lanes projects. Previous Environmental Justice Analyses about those projects were presented to and passed by NIRPC committees. The Illiana Expressway Corridor Environmental Justice Analysis was passed by NIRPC’s former Transportation Policy Committee at its November 2013 meeting. The INDOT I-65 Added Travel Lanes between SR-2 and SR-10 was passed by the NIRPC Full Commission at its May 2016 meeting. The Environmental Justice Analyses finding for both of these projects indicated little if any disproportionate effect on environmental justice populations. In fact, the Illiana Expressway Corridor Environmental Justice Analysis showed a slight improvement in Travel Time for the environmental justice populations. The I-65 Added Travel Lanes Project between SR-2 and SR-10 showed almost no effect on environmental justice populations whatsoever, but cautioned that policies to reduce sprawl that are in effect in nearby communities could be strengthened. The effects of sprawl will continue to be something that NIRPC will strive to monitor.

   The first portion of NIRPC’s analysis is less clear in regards to the NICTD Double Tracking and West Lake Corridor projects. There will be some property acquisition involved in both projects, but as a recipient of Federal Transit Administration funding for these projects, NICTD is required to adhere to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Furthermore, NICTD is required to conduct its own, much more rigorous, Environmental Justice Analysis for these projects in accordance with FTA Circular 4703.1. It is the recommendation of the FTA Region 5 office with NIRPC staff concurrence that NIRPC defer to NICTD’s more thorough Environmental Justice Analysis required as part of FTA Circular 4703.1. NICTD’s Environmental Justice Technical Report for the West Lake Corridor Project can be found

   at http://www.nictdwestlake.com/assets/documents/DEIS_AppH4.pdf, and it concludes that any adverse impacts would not be borne disproportionately by environmental justice populations.

   The second portion of NIRPC’s analysis, understanding the impact to the travel network, appears minor overall. Table 2 indicates the potential changes to the travel network in a Build/No Build scenario, separated by low income and minority populations. The Build scenario assumes that all of the significant projects in the FY 2018 to 2021 TIP and 2040 CRP Update Companion Amendment #4 are implemented, whereas the No Build scenario assumes the transportation network as it currently exists in NIRPC’s latest FY 2016 to 2019 TIP and 2040 CRP Update Companion.

   Table 2: Travel Network Performance Measure Impacts from the Significant Projects in the FY 2018 to 2021 TIP and 2040 CRP Update Companion Amendment #4

   
   

   

   
   

   There are clearly noticeable improvements in travel network measures, but those improvements are especially noticeable for the low income populations. For example, implementing the FY 2018 to 2021 TIP and 2040 CRP Update Companion Amendment #4 would unlock 6,439 additional jobs within 20 minutes for the low income populations, as opposed to only 874 additional jobs within 20 minutes for the minority populations. 4,017 additional shopping destinations (including grocery shopping) would be accessible to low income populations as a result of the project (710 additional shopping destinations within 20 minutes for minority populations). 17,034 additional other destinations (which includes health care facilities) would become accessible within 20 minutes of low income populations, and still 2,419 additional other destinations would become accessible to

   minority populations. Average travel time and accessibility to livable centers, retail centers, hospitals, and universities all have either very minor improvements or no changes.

   Summary

   As illustrated by the NIRPC travel model the proposed significant projects as part of the Fiscal Years 2018 to 2021 Transportation Improvement Program and 2040 Comprehensive Regional Plan Update Companion Amendment #4 are not expected to have a significant enough negative impact to halt or change those projects. The potential impacts to the environmental justice community are either positive or none that they do not outweigh the potential benefits of the proposed significant projects.

   In conclusion, NIRPC recommends that the Environmental Justice Analysis for the Fiscal Years 2018 to 2021 Transportation Improvement Program and 2040 Comprehensive Regional Plan Update Companion Amendment #4 be approved.

   
   

   

   RESOLUTION 17-13‌

   
   

   A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION ADOPTING AMMENDMENT NO. 4 TO THE 2040 COMPREHENSIVE REGIONAL PLAN UPDATE COMPANION FOR NORTHWESTERN INDIANA

   
   

   WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “The Commission”, being designated the Council of Governments, representing all local governments in the region has established a comprehensive planning process including the three domains of environmental, economic development and transportation planning; and

   
   

   WHEREAS, the Commission, being designated the Metropolitan Planning Organization for the Lake, Porter and La Porte County Region, has established a regional, cooperative and comprehensive planning program to develop the unified planning work program, long-range transportation plan and transportation improvement program; to annually endorse the plans and programs; to facilitate federal transportation funding for the Indiana Department of Transportation, regional communities and transit operators, and to provide technical assistance and expertise to regional transportation interests; and

   
   

   WHEREAS, the Commission performs the above mentioned activities to satisfy regional requirements under the Fixing America’s Surface Transportation Act of 2015 (FAST Act), as well as other federal, state and local laws mandating 3-C transportation activities; and

   
   

   WHEREAS, the citizens of Northwest Indiana require a safe, efficient and effective regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in northwest Indiana; and

   
   

   WHEREAS, the 2040 Comprehensive Regional Plan Update Companion is the product of a continuous, cooperative, and comprehensive planning process; and

   
   

   WHEREAS, the Commission has analyzed the benefits and burdens of the implementation of the expansion project listed in the attachment, and has found that there are no unfair burdens, nor unfair lack of benefits for low income and minority populations; and

   
   

   85

   WHEREAS, the project was subjected to NIRPC’s Congestion Management Process anaylsis and were found to be consistent; and

   
   

   WHEREAS, the Commission has solicted public comment on the proposed amendment, and the comment from which and the responses to them have been made available; and

   
   

   WHEREAS, the NIRPC Technical Policy Committee acted on May 9, 2017 to recommend inclusion of two new transportation expansion projects, and adjustments to two others as an amendment; and

   
   

   WHEREAS, the Commission found it necessary to amend the 2040 Comprehensive Regional Plan Update Companion to include the project listed in the attachment.

   
   

   NOW, THEREFORE, BE IT RESOLVED that The Commission hereby adopts this Amendment #4 to the 2040 Comprehensive Regional Plan Update Companion.

   
   

   Duly adopted by the Northwestern Indiana Regional Planning Commission on this eighteenth day of May, 2017.

   
   

   

   Michael W. Griffin Chairman

   
   

   ATTEST:

   
   

   
   

   

   Diane Noll Secretary

   
   

   86

   DRAFT 2040 Comprehensive Regional Plan Update Companion Amendment #4

   
   

   Amendment #4 to the 2040 Comprehensive Regional Plan Update Companion will add one new project onto the list of financially-constrained capacity expansion projects. The project is as follows:

   • Double tracking and related improvements on the Northern Indiana Commuter Transportation District’s line from Gary to Michigan City. Project is 25.1 miles in length, with 16.4 miles of new track.

     
     

     Open-to-traffic date: Before January 1, 2025

     Project Sponsor: Northern Indiana Commuter Transportation District (NICTD)

     
     

     Amendment #4 to the 2040 Comprehensive Regional Plan Update Companion will move one project from the “Illustrative List of Projects” list into the list of financially-constrained capacity expansion projects. The project is as follows:

   • West Lake Extension of the Northern Indiana Commuter Transportation District from Hammond south to Dyer. Project is nine miles in length with termini at the current mainline in Hammond to Main Street in Munster/Dyer.

     
     

     Open-to-traffic date: Before January 1, 2025

     Project Sponsor: Northern Indiana Commuter Transportation District (NICTD)

     
     

     Amendment #4 to the 2040 Comprehensive Regional Plan Update Companion will revise the scopes of two project that are currently in the list of financially constrained capacity expansion projects. The revised scopes are as follows:

     
     

   • Illiana Expressway completion date moved from 2020 to 2040 to align with the Chicago Metropolitan Agency for Planning, which has already moved the Illinois piece of the project to 2040 in their documents.

     
     

     Open-to-traffic date: Before January 1, 2040

     Project Sponsors: Indiana & Illinois Departments of Transportation (INDOT & IDOT)

     
     

   • I-65 Added Travel Lanes from US 30 to State Road 10 (adds one travel lane in each direction for a total of six). Changes southern terminus from State Road 10 to State Road 2.

   
   

   Open-to-traffic date: Before January 1, 2020

   Project Sponsor: Indiana Department of Transportation (INDOT)

   
   

   

   RESOLUTION 17-14

   
   

   A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION ADOPTING THE FISCAL YEAR

   2018-2021 TRANSPORTATION IMPROVEMENT PROGRAM FOR LAKE, PORTER, AND LA PORTE COUNTIES, INDIANA

   
   

   May 18, 2017

   
   

   WHEREAS, Northwest Indiana’s citizens require a safe, efficient, effective, resource- conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

   
   

   WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “the Commission”, being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has established a regional, comprehensive, cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation stakeholder interests; and

   
   

   WHEREAS, the Commission performs the above activities to satisfy requirements under the Moving Ahead for Progress in the 21st Century (PL 112-141) and the Fixing America’s Surface Transportation (PL 114-357) Acts, as well as other federal, state and local laws mandating transportation planning activities; and

   
   

   WHEREAS, the FY 2018-2021 Transportation Improvement Program is a product of a multi-modal, 3-C transportation planning process, compatible with regional goals and objectives and socio-economic and demographic factors used to form the 2040 Comprehensive Regional Plan and Companion, as amended; and

   
   

   WHEREAS, the FY 2018-2021 Transportation Improvement Program implements the 2040 Comprehensive Regional Plan and Companion, as amended; is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and

   
   

   WHEREAS, the FY 2018-2021 Transportation Improvement Program is developed by the Commission in coordination and cooperation with local elected and appointed highway and transit officials, special interest and service organizations, including users of public transit, the Indiana Department of Transportation, the Indiana Department of Environmental Management, the U.S. Federal Highway Administration, the U.S. Federal Transit Administration, and the U. S. Environmental Protection Agency; and

   
   

   WHEREAS, the Transportation Planning Regulations, published by the U.S. Federal Highway Administration and U.S. Federal Transit Administration (published at 23 CFR 450 Subpart B), require MPO’s to certify that their planning process is being carried out in accordance with said regulation.

   
   

   NOW, THEREFORE, BE IT RESOLVED:

   
   

   1. That the Northwestern Indiana Regional Planning Commission hereby adopts the FY 2018-2021 Transportation Improvement Program for Lake, Porter, and LaPorte Counties; and

      
      

   2. That the Executive Director is hereby authorized to submit the required planning self-certification.

Duly adopted by the Northwestern Indiana Regional Planning Commission on this eighteenth day of May, 2017.

Michael W. Griffin Chairperson

ATTEST:

Diane Noll Secretary

Northwestern Indiana Regional Planning Commission Transportation Improvement Program (TIP)

For Lake, Porter, and LaPorte Counties, Indiana for State Fiscal Years 2018 -2021

May 18, 2017

List Version DF6

Northwestern Indiana Regional Planning Commission 6100 Southport Road, Portage, IN 46368-6409

Telephone: 219.763.6060 Fax: 219.762.1653

www.nirpc.org

90

Metropolitan Planning Process Certification

In accordance with 23 CFR 450.336, the Indiana Department of Transportation and the Northwestern Indiana Regional Planning Commission, the Metropolitan Planning Organization for the Indiana portions of the Chicago, IL/IN and Michigan City/LaPorte, IN/MI Urbanized Areas, hereby certify that the transportation planning process is addressing the major issues in the metropolitan planning area and is being conducted in accordance with all applicable requirements of:

1. 23 U.S.C. 134, 49 U.S.C. 5303, and 23 CFR Part 450 Subpart C;

1. Section 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;

   
   

2. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-l) and CFR Part 21;

   
   

3. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity;

   
   

4. Section 1101(b) of the FAST ACT (P.L. 114-357) and 49 CFR Part 26 regarding the involvement of disadvantaged business enterprises in U.S. DOT-funded projects;

   
   

5. 23 CFR Part 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid highway construction contracts;

   
   

6. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) and 49 CFR Parts 27, 37, and 38;

   
   

7. 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;

   
   

8. Section 324 of Title 23 U.S.C. regarding the prohibition of discrimination based on gender; and

   
   

9. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 regarding discrimination against individuals with disabilities.

   
   

   Northwestern Indiana Regional Planning Commission Indiana Department of Transportation

   Metropolitan Planning Organization State Department of Transportation

   
   

   
   

   

   
   

   

   Tyson Warner, Executive Director

   
   

   

   _

   Date Date

   
   

   91

   Transportation Improvement Program (TIP) for Lake, Porter, and LaPorte Counties, Indiana for 2018-2021

   Part I: Introduction

   A Transportation Improvement Program, or TIP, is a short-range financial and spending plan for the utilization of U.S. Department of Transportation (U.S. DOT) surface transportation funds. These funds, identified later in this document, are used for highway, transit, and non-motorized transportation projects. NIRPC’s TIP is updated every other year and includes projects undertaken by municipalities, counties, transit operators, and the State of Indiana. Federal (U.S. DOT) planning regulations guide the preparation and development of TIP documents.

   
   

   The Northwestern Indiana Regional Planning Commission (NIRPC) has been designated by the Governor as a Metropolitan Planning Organization (MPO) to undertake transportation planning for northwestern Indiana. NIRPC is a council of governments established under Indiana law. NIRPC has, pursuant to the federal planning regulations, undertaken a continuing, cooperative, and comprehensive transportation planning process that includes, among other things, the development of a Long Range Transportation Plan and Transportation Improvement Program (TIP).

   
   

   The TIP process is designed to ensure the implementation of the goals and objectives identified in NIRPC’s Regional Transportation Plan.

   
   

   NIRPC’s Regional Transportation Plan is the Transportation Section of the 2040 Comprehensive Regional Plan (CRP), adopted in June 2011, and as amended and updated (most recently) in May 2016.

   
   

   About NIRPC

   NIRPC was originally established as the Lake-Porter County Regional Transportation and Planning Commission in 1965, pursuant to an act of the Indiana General Assembly. An amendment to this legislation in 1973 provided the Commission with its current name and allowed for the addition of new member counties. La Porte County joined NIRPC in 1979. The most recent major change to NIRPC’s authorizing legislation occurred in 2003— which established NIRPC as a council of governments.

   
   

   92

   NIRPC is a regional council of local governments serving the citizens of Lake, Porter, and LaPorte counties in Northwest Indiana. The entire three-county area is part of the U.S. Census Bureau's Chicago Metropolitan Statistical Area (MSA). Northern Lake and Porter Counties are a part of the Chicago, IL/IN urbanized area. The northwest corner of LaPorte County is part of the Michigan City-LaPorte, IN/MI urbanized area. NIRPC provides a forum that enables the citizens of Northwest Indiana to address regional issues relating to transportation, the environment and community, and economic development. For transportation planning, NIRPC has been named as the Metropolitan Planning Organization (MPO) for the Indiana portion of both urbanized areas.

   
   

   

   
   

   NIRPC’s metropolitan planning area is located at the southern tip of Lake Michigan and represents an integral part of the greater Chicago metropolitan area. It consists of 771,815 people (2010 Census) and covers 1,520 square miles. There are forty-one cities and towns and forty-four townships within the NIRPC planning area.

   
   

   NIRPC Commissioners. There are fifty-three Commissioners—all of whom are elected officials (per statute). In addition to the 41 municipal appointments (one per city or town), the County Councils, Boards of Commissioners, County Surveyors, and two Porter County Township

   Trustees appoint one member each, as does the Governor. The Commission or the Executive Board meets monthly. NIRPC's meetings are open to the public and there is a place on every agenda for public comment.

   
   

   The legislation under which the Commission operates is contained within Indiana Code Title 36, Article VII, Chapter 7.6. Section 12 of this statute plainly states our purpose:

   
   

   “The purpose of the commission is to institute and maintain a comprehensive planning and programming process for:

   1. transportation;

   2. economic development; and

   3. environmental;

policy and provide a coordinative management process for the counties described in section 1 of this chapter. The commission shall coordinate its activities with all member units in the counties and shall coordinate and assist the planning programs of member units and the state that are related to its purpose.”

One of the most important designations NIRPC has received is that of Metropolitan Planning Organization (MPO) for northwestern Indiana. MPO's are responsible, together with state departments of transportation and public transit operators, for carrying out the transportation planning process for urbanized areas.

Of equal importance is our status as a Designated Recipient of U.S. Federal Transit Administration (FTA) funds (in two urbanized areas) under three FTA grant programs. We function as the grantee for seven (7) local public bus transit operators. We are also the cognizant Designated Recipient for the Northern Indiana Commuter Transportation District (NICTD), Indiana’s only commuter railroad.

Our region is a diverse and dynamic place whose complexities are reflected in the regional transportation system. The NIRPC planning area includes arguably some of the most strategic and critical links in the national transportation system. These factors combine to make the role of MPO for

northwestern Indiana extraordinarily challenging. NIRPC, in undertaking its mission, is cognizant of its obligations and responsibilities, under various federal and state statutes, to promote inclusion and not discriminate on the basis of race, color, creed, national origin, or any other factor.

Basic Federal Requirements for Transportation Improvement Programs.

The U.S. Department of Transportation’s current planning regulations1 associated with the implementation of surface transportation programs include specific requirements for development and content of TIPs. These requirements are summarized below.

• Time period: The TIP shall cover at least a four year period and be updated at least every four years. The TIP covers the four year period from July 2017 to June 2021.

  
  

• Public Comment: The MPO shall provide all interested parties with an opportunity to comment on the proposed TIP. Appendix B of this document summarizes the public participation process for the development of the Conformity Determination, Comprehensive Regional Plan, and TIP, including comments, suggestions, and responses from that process.

  
  

• Regionally Significant Projects: The TIP shall contain all regionally significant projects requiring an action by FHWA or FTA regardless of funding source. These projects are discretely identified in the TIP’s list of projects.

  
  

• Specific Project Information: The TIP shall list capital and non-capital surface transportation projects using a variety of federal funds or regionally significant projects requiring FHWA or FTA action. For each project or project phase, the TIP shall include sufficient descriptive material including work type, termini, length, total cost, amount of federal funds, and responsible agency. The project table in the TIP provides this information for each project.

  
  

  
  

  

  1 23 CFR Part 450, Subpart B, issued February 14, 2007

• Consistency with the Transportation Plan: Each project or project phase included in the TIP shall be consistent with the approved metropolitan transportation plan. New capacity expansion projects selected for inclusion in the TIP were selected from our 2040 transportation plan. All other projects (i.e., those involving preservation and maintenance of existing infrastructure) are consistent with that portion of the plan that requires the prioritization of these types of projects.

  
  

• Financial Plan: The TIP shall include a financial plan that provides system- level estimates of costs and revenue sources that are reasonably expected to be available to adequately operate and maintain Federal-aid highways and public transportation. Appendix D provides summary financial information regarding projected surface transportation funds and expenditures for cities, towns, counties, and transit operators within the three-county area over the life of the TIP.

  
  

• Prioritization Process: The MPO, in cooperation with the State and public transportation operator(s) shall develop a prioritized TIP and should identify the criteria and process for prioritizing projects. Descriptions of the procedures and processes used to select and prioritize projects in the TIP are found in two places. Projects selected since publication of the prior TIP (July 2015) are found in Chapter II; projects selected prior to that date are found in Appendix E.

• Status of Major Projects from the previous TIP: The TIP should list all major projects from the previous TIP that were implemented or delayed. This list appears at the end of Part II of this document. Separately, there is an Annual List of Projects (ALOP) that is published during the first quarter of each year. The ALOP shows federal surface transportation fund obligations for the prior year and is available for download from NIRPC’s website.

• Air Quality: The TIP shall demonstrate conformity with the State Implementation Plan (SIP). Appendix C contains the current air quality conformity determination.

  
  

  Organization of the TIP Document

  
  

  This balance of this document is organized into the following two parts:

  
  

  Part II: TIP Development and Project Selection Processes. This chapter contains a description of the MPO planning process, general guidelines we followed in soliciting and selecting local projects with federal funds that are assigned to us by INDOT or FTA, and a brief description of INDOT’s project selection processes.

  
  

  There were two Notices of Fund Availability (NOFA’s) issued in late 2016. One was for Local Highway Safety (HSIP) projects and the other was for FTA Section 5307-funded public transit projects in Lake and Porter Counties. The results of the transit NOFA were set aside for reasons explained in Part II. However, both NOFA’s are discussed in Part II.

  
  

  As already noted, solicitation and selection system details for most MPO- selected, FHWA-funded projects from solicitations prior to 2016 can be found in Appendix E. It should be noted that these systems are obsolete and will be replaced in late 2018.

  
  

  Part III: Program of Projects and Related Information. This chapter begins with a summary explanation of the actual list of projects, including tabular and graphic information. This is followed by a key to interpreting the information in the tables and where to go to get additional information.

  
  

  LIST of APPENDICES

  
  

  Appendix A: Official Actions and Compliance. This appendix contains the NIRPC Board resolutions adopting the Conformity Determination, Plan, and TIP. The final published version also contains the planning process self- certification document.

  
  

  Appendix B: Public Involvement. This appendix contains the Public Comment Summary Report for the Conformity Determination, Plan Update, and TIP. Per the process requirements in our Public Participation Plan, the Report identifies each comment received, our response, an assessment of

  
  

  97

  the comment’s significance, and a statement regarding the need to modify the document prior to adoption. This appendix will be included in only the final (published) version of the TIP.

  
  

  Appendix C: Conformity Determination. This document, adopted separately, will be included only in the final (published) version of the TIP.

  
  

  Appendix D: Financial Plan. The joint FTA/FHWA Planning regulations identify three primary purposes of the financial plan for Transportation Improvement Programs: 1) To demonstrate how the TIP, if approved, will be implemented; 2) To identify resources from public & private sources that are reasonably expected to be made available to carry out the TIP; and 3) To recommend additional financing strategies to carry out needed projects and programs. The Financial Plan will be issued with the final, (published) version of the TIP.

  
  

  Appendix E: Prior Project Selection Processes. This appendix contains details on the manner in which MPO-funded were selected for funding in Lake and Porter Counties prior to July 2015.

  
  

  Appendix F: NIRPC Commissioners, TPC Contact/Membership Lists, and Transit Operators.

  
  

  98

  Part II: TIP Development and Project Selection Processes Implementation of Performance-Based Planning

  The current transportation policy, Fixing America’s Surface Transportation Act (FAST) Act, was signed into law on December 4, 2015. The FAST Act, along with its predecessor, Moving Ahead for Progress in the 21st Century Act (MAP-21), established new requirements for performance management to ensure the most efficient investment of Federal transportation funds. States will invest resources in projects to achieve individual targets that collectively will make progress toward the national goals.

  National performance goals for Federal Highway programs:

  • Safety – to achieve a significant reduction in traffic fatalities and serious injuries on all public roads.

  • Infrastructure condition – To maintain the highway infrastructure asset system in a state of good repair.

  • Congestion reduction – To achieve a significant reduction in congestion on the National Highway System (NHS).

  • System reliability – To improve the efficiency of the surface transportation system.

  • Freight movement and economic vitality – To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.

  • Environmental sustainability – To enhance the performance of the transportation system while protecting and enhancing the natural environment.

  • Reduced project delivery delays – To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery

  process, including reducing regulatory burdens and improving agencies’ work practices.

  The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) issued new transportation planning rules on the statewide and metropolitan transportation planning processes to reflect the use of a performance based approach to decision-making in support of the national goals. These processes must document in writing how the Metropolitan Planning Organizations (MPOs), Indiana Department of Transportation (INDOT) and providers of public transportation shall jointly agree to cooperatively develop and share information related to transportation performance data, the selection of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO (see 23 CFR 450.306(d)) and the collection of data for the INDOT asset management plan for the National Highway System specified in in 23 CFR 450.314(h).

  FTA has performance measures for Transit Asset Management, and final regulations are published and in effect. FHWA has performance measures and final regulations published for Safety, Bridge and Pavement Conditions, Congestion Reduction and System Reliability, but only the Safety Performance Measure regulation is in effect at this time.

  INDOT along with the MPOs and FHWA will continue to collaborate to identify Performance Targets for each Performance Measure. Once Performance Targets are established, the Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) will be modified to reflect this information.

  For FHWA and FTA to approve any TIP amendments after May 27, 2018, the INDOT, MPOs and Public Transit Operators must reflect this information and describe how projects in the TIP/STIP, to the maximum extent practicable, achieve the Federally required performance targets identified in the Statewide and Metropolitan Transportation Plans, linking investment priorities to these performance targets.

  Safety

  The INDOT, the MPOs, FHWA, and Indiana Criminal Justice Institute (ICJI) are actively discussing and collaborating on the Safety Performance Measures and Safety Performance Targets. INDOT will submit their Safety Performance Measures by August 31, 2017, and the MPOs will have until February 27, 2018 to follow INDOT’s submission to either support the INDOT Safety Targets or set independent targets. The Highway Safety Improvement Program (HSIP) is a primary source of federal funds for qualifying safety improvement projects. HSIP along with other funding sources are used to implement safety improvements with the purpose to reduce roadway crashes, and a corresponding reduction in fatalities and serious injuries on all public roads. The five specific safety performance measures are:

  1. Number of fatalities;

  2. Rate of fatalities;

  3. Number of serious injuries;

  4. Rate of serious injuries; and

  5. Number of non-motorized fatalities and non-motorized serious injuries

  If FHWA makes effective the rules they have published for assessing pavement and bridge condition for the National Highway Performance Program and performance of the National Highway System (NHS), freight movement on the Interstate System and Congestion Mitigation and Air Quality (CMAQ) improvement program, INDOT and the MPOs will have to establish performance targets for these measures, too.

  Pavement and Bridge

  
  

  The pavement and bridge condition performance measures are applicable to the Interstate and non-Interstate Highways that comprise the National Highway System (NHS). The NHS includes the Interstate Highway System as well as other roads important to the nation's economy, defense, and mobility. The measures are focused on the condition of pavement and bridges, including ramps utilized to access the system. There are four

  measures to assess pavement condition and two measures for assessing bridge condition.

  Pavement Performance Measures

  1. Percentage of pavements of the Interstate System in Good condition

  2. Percentage of pavements of the Interstate System in Poor condition

  3. Percentage of pavements of the non-Interstate NHS in Good condition

  4. Percentage of pavements of the non-interstate NHS in Poor condition

  Bridge Performance Measures

  1. Percentage of NHS bridges classified as in Good condition

  2. Percentage of NHS bridges classified as in Poor condition

  The INDOT, the MPO and FHWA will collectively develop targets for the pavement and bridge performance measures. The National Highway Performance Program is a core Federal-aid highway program that provides financial support to improve the condition and performance of the NHS, and the construction of new NHS facilities. INDOT utilizes these funds for maintenance activities on the NHS.

  System Performance

  
  

  The system performance measures are also applicable to the Interstate and non-Interstate NHS. These performance measures assess system reliability and freight movement, and establish several measures for on-road mobile source emissions consistent with the Congestion Mitigation and Air Quality (CMAQ) Program. There are two measures for assessing reliability, one measure to assess freight movement, and three measures for the CMAQ program.

  Reliability Performance Measures

  1. Percent of the Person-Miles Traveled on the Interstate System That Are Reliable

  2. Percent of Person-Miles Traveled on the Non-Interstate NHS That Are Reliable

  Freight Movement Performance Measure

  1) Truck Travel Time Reliability (TTTR) Index CMAQ Measures

  1. Annual Hours of Peak-Hour Excessive Delay Per Capita Percent of

     Non-SOV Travel

  2. Percent Change in Tailpipe CO2 Emissions on the NHS Compared to the Calendar Year 2017 Level

  3. Total Emissions Reductions

  
  

  MPO Planning Process

  
  

  The NIRPC Board of Commissioners is the final decision-making body of the MPO. Transportation-related decisions made at the Board level almost always originate at a lower level in NIRPC’s committee structure1.

  
  

  NIRPC 2016 Committee Structure Revisions.

  
  

  A revised committee structure was adopted by the NIRPC Board in May 2015. These changes were implemented beginning in the fall of 2016. A full description of each committee, together with its purpose, function, membership, and meeting frequency is found later in this Part II.

  
  

  

  1 However, the Commission may, under Indiana law, act on any matter brought before it for consideration.

  Committees that perform a duty or function relative to the transportation planning process are either described or summarized following.

  
  

  Technical Planning Committee (TechPC). This committee was formed by combining the former Transportation Policy Committee (TPC) with the 2040 Implementation Committee. It’s primary purpose is to ensure the technical consistency of plans and policies related to transportation, environment, and public participation with Federal Planning Requirements and NIRPC’s own Comprehensive Regional Plan (CRP). It advises the NIRPC Board on policies and programs related to transportation planning and federal transportation funding. This is primarily done through TechPC actions on a regional transportation plan, transportation improvement program, studies, analyses, Unified Planning Work Program (UPWP) and other special programs. The TechPC receives input from transportation stakeholder subcommittees (now referred to as “Topical” Committees) and Transportation Resource Oversight Committee (T-ROC), then makes recommendations to the NIRPC Board.

  
  

  A significant portion of the TechPC’s duties is financial. It is charged with:

  
  

  • Receiving and reviewing requests for funding changes (i.e., TIP changes) from the T-ROC and recommending (or not) the approval of those requests to the NIRPC Board.

  • Following receipt of a notification from the T-ROC of the availability of federal funds for new projects, 1) establish categorical funding targets and priorities for a solicitation for projects; 2) inform the Topical Committees of these targets and priorities and direct them to review and update their project selection criteria; 3) instruct the T- ROC to release a Notice of Fund Availability (NOFA); and 4) making a determination of consistency with the CRP for each new project proposed.

    
    

    Topical Committees. Many functions of the former TPC that are inherent in the metropolitan area transportation planning process have been transferred to the six “topical” committees. These committees report directly to the TechPC on a monthly basis. They are:

  • Environmental Management Policy Committee (EMPC)

  • Ped, Pedal, & Paddle Committee (3PC)

  • Land Use Committee

  • Rail Vision/Freight Committee

  • Transit Operators Roundtable

  • Surface Transportation Committee (STC)

Duties vary by committee, but each is charged with advising NIRPC on matters that are pertinent to the specific topical committee. Each are also responsible for developing federal-aid project selection criteria and recommending transportation projects for transportation funding.

Transportation Resource Oversight Committee (T-ROC). This committee reports directly to TechPC. It oversees financial aspects of the transportation planning process, including the development of the TIP and changes thereto following adoption, tracking the expenditure of all federal funds allocated to NIRPC, implementing a quarterly construction project tracking process, and ensuring that federal funds are expended in a timely manner.

Commission and TechPC Membership. Membership on the Commission is established by state statute (I.C. 36-7.7.6). Membership on the TechPC is limited to 20 persons, as specified in the December 2016 Committee Description document (presented at the end of this Part II). Membership on the Topical Committees and T-ROC is largely unrestricted—committees at this level are open to all local units of government, transit operators, organizations which represent various interests (persons with disabilities, environmentalists, senior citizens, etc.), federal and state agencies, and other persons representing a group or groups of people. The contact list for the NIRPC Commissioners and TechPC is contained in Appendix F.

MPO Planning Area. The MPO planning area covers all of Lake, Porter, and La Porte Counties, Indiana. This means that any surface transportation construction project funded through the U.S. Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) must be listed in our TIP as well as the Statewide Transportation Improvement Program (STIP).

Urbanized Areas and Federal Funds. The Chicago IL/IN Urbanized Area extends into Lake and Porter Counties. In Lake County it includes all incorporated areas (except Lowell). In Porter County, most of the area from Valparaiso to Lake Michigan is also part of the Chicago Urbanized Area. Most of northwest La Porte County (and a small portion of extreme northeast Porter County) lie within the Indiana portion of the Michigan City/La Porte IN/MI Urbanized Area.

Congress appropriates several types of Federal funds from the U.S. Department of Transportation annually to both states (primarily highway- oriented funds) and urbanized areas (primarily transit funds). MPO’s have the responsibility of allocating these funds to specific transportation projects. NIRPC oversees a number of locally adopted project selection processes, as described below, that involve stakeholder participation in the development of the selection system and in the selection of local projects recommended for inclusion in the TIP. INDOT maintains a parallel system of project selection for improvements to its own roadways.

MPO Project Selection. The TIP development process for MPO-selected projects originates in the Transportation Resource Oversight Committee (T- ROC). T-ROC informs the TechPC of the availability of federal funds for allocation to projects. TechPC authorizes that a Notice of Funding Availability (NOFA) be issued and specifies the categorical funding targets and priorities for the solicitation. TechPC informs the topical committees of these targets and priorities.

The Topical (stakeholder) committees develop criteria based upon the categorical funding targets and priorities established by TechPC. All meeting notices are posted on the NIRPC Website and also mailed to all transportation stakeholders of record. The T-ROC then publishes the NOFA, receives project funding requests, and then transmits same to the Topical Committees. These committees transmit their list of projects recommended for funding to TechPC (which, following approval, is forwarded to the NIRPC Board for official project selection).

A solicitation for projects may or may not be conducted as a part of the development of a new TIP.

Types of Federal Funds. Federal surface transportation funds come from two operating administrations of the U.S. DOT: Federal Highway Administration (FHWA) and Federal Transit Administration (FTA). FHWA funds are allocated to the state and suballocated to NIRPC. FTA funds are usually allocated to urbanized areas. The specific federal funding programs from FHWA and FTA are as follows:

Surface Transportation Block Grant Program (STBG). Each year the Indiana Department of Transportation (INDOT) makes apportionments of FHWA Surface Transportation Block Grant (STBG) contract authority to each Urbanized Area for highway improvement projects. The area within the Chicago Urbanized Area is apportioned STBG Group I (large Urbanized Area) funds; the area within the Michigan City/LaPorte Urbanized Area is apportioned STBG Group II (small Urbanized Area) funds. `

FTA Section 5307/5340. Each year the FTA apportions Urban Area Formula Grant (Section 5307/5340) funds to each Urbanized Area for public transit projects. These funds are used for public transit operating and capital projects involving both bus and commuter rail transit services. Separate apportionments of Section 5307/5340 funds are received by each of the two Urbanized Areas.

Section 5307/5340 funds apportioned to the Chicago Urbanized Area are for the entire Urbanized Area, including both Illinois and Indiana portions. NIRPC maintains a Letter of Understanding with the Northeastern Illinois Regional Transportation Authority (RTA) that specifies how these funds are to be split among the two states.

Congestion Mitigation/Air Quality (CMAQ). The Indiana Department of Transportation (INDOT) apportions FHWA CMAQ funds to NIRPC based upon each county’s air quality status (i.e., in an air quality non-attainment or maintenance area, if attainment has been achieved). Funds are received on the basis of population and the severity of the air quality problem. CMAQ projects are transportation projects which, if implemented, will result in lower emissions from internal combustion engines. For 2018-2021, CMAQ funds are made to the combined Lake/Porter County non-attainment area and to the La Porte County Maintenance Area.

FTA Sections 5310 (Enhanced Mobility of Seniors and Individuals with Disabilities Program). Section 5310 funds are intended to improve mobility for seniors and

individuals with disabilities. Like the Section 5307/5340 funds, some Section 5310 funds are apportioned to the Chicago Urbanized Area are for the entire urbanized area, including both northeastern Illinois and Lake and Porter Counties in northwestern Indiana. NIRPC maintains a Letter of Understanding with the Northeastern Illinois Regional Transportation Authority (RTA) that specifies how these funds are to be split. LaPorte County applicants have access to Section 5310 funds by submitting applications to INDOT.

FTA Section 5337 State of Good Repair Program (Existing Commuter Rail). These are FTA formula funds that are used by the Northern Indiana Commuter Transportation District (NICTD) for improvements to the commuter rail facilities all along NICTD’s rail corridor. Chicago Urbanized Area SGR funds are divided between Illinois and Indiana under an agreement with the RTA. NIRPC’s TIP also displays SGR funds allocated to the South Bend Urbanized Area. Listed SGR projects may be undertaken in any of five counties, including Lake, Porter, LaPorte, and St Joseph Counties, Indiana, and Cook County, Illinois.

FTA Section 5339 Bus and Bus Facilities Program. These are FTA formula funds that are used by public transit operators to replace, rehabilitate, or purchase buses, bus-related equipment, and bus-related facilities. Chicago Urbanized Area Bus funds are divided between Illinois and Indiana under an agreement with the RTA. LaPorte County public transit operators have access to Section 5339 funds by submitting applications directly to INDOT.

Highway Safety Improvement (HSIP). These FHWA funds must address critical safety needs on local roadways which have a history of crashes. Separate allocations are made to each Urbanized Area but funds may be used for projects anywhere within the county served by the MPO.

Transportation Alternatives Program (TAP). These FHWA funds may be used for programs and projects defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; and safe routes to school projects. TAP funds may be used for projects anywhere within the county served by the MPO.

High Priority or Demonstration Project Funds. The TIP also includes other transportation projects which are selected by Congress (i.e., Demonstration or “High Priority” Projects).

The TIP also includes Regionally Significant transportation projects that involve no federal funds, and INDOT-selected local projects that are usually

located outside of the urbanized area but within the three-county metropolitan planning area. These projects are not selected by NIRPC.

INDOT System Improvements. The TIP also includes projects that are undertaken by the state of Indiana. The Indiana Department of Transportation (INDOT) selects projects that will occur on state-owned roadways, which include Interstates and US-marked and State routes.

INDOT conducts its own project selection processes for those funds that it controls and provides NIRPC with a list of projects to include in the TIP.

INDOT also assists other state agencies such as the Indiana State Prison, Westville Correctional Center, Indiana Dunes State Park, Ports of Indiana at Burns Harbor, Purdue and Indiana Universities, and others by listing road and parking lot construction projects in the TIP and bidding them out through INDOT’s letting system.

Road Improvements on Federal Lands. The FHWA Eastern Federal Lands Division (EFLD) maintains its own TIP process and document for transportation projects within or affecting federal lands in the region (e.g., Indiana Dunes National Lakeshore). There are two EFLD-funded projects in this TIP.

Major Projects Implemented from the Prior TIP.

0900071 61st Ave Added Travel Lanes (Arizona to SR 53 in Hobart) 1173426 93rd Ave Intersection Improvements @ Chase St (Crown Point) 1297288 61st Ave Bridge over Deep River (Hobart)

1500221 RW – Chicago Ave Added Travel Lanes (Hammond) 1173706 C&O Bike/Ped Trail (Merrillville)

1297541 Smoke Rd Intersection Improvement @ Division Rd (Porter Co.)

TIP Development Process

Introduction. Development of the new 2018-2021 TIP began in late 2016. An announcement was made at the October 2016 TechPC meeting. A series of meetings with the Northern Indiana Commuter Transportation District (NICTD) regarding some extraordinary plan amendment needs was held at

about the same time. A NOFA for FTA Section 5307/5340 projects in Lake and Porter Counties was issued in November 2016. No additional federal aid highway projects were solicited because all expected 2018-2021 INDOT/FHWA revenues have already been allocated to projects. The new TIP will be accompanied by a Long Range Transportation Plan Amendment and updated Conformity Determination. An adoption deadline of May 2017 was set—this was consistent with INDOT’s previously stated intent to develop a new 2018-2021 Statewide Transportation Improvement Program (STIP).

NIRPC issued one NOFA for Highway Safety Improvement Program (HSIP) projects in October 2015. We issued a NOFA for FTA Section 5307 projects in Lake and Porter Counties in November 2016. Projects were selected under the HSIP NOFA but were not under FTA Section 5307. The selection processes are described or included following.

There are three documents shown on the following pages. These are:

NOFA 2015-1: Call for Projects under the Highway Safety Improvement Program (HSIP). (Five pages)

NOFA 2016-1: Transit TIP Projects and Selection Criteria (Three pages)

NIRPC Committee Descriptions. (10 pages)

Part III: Program of Projects and Related Information

Introduction and Summary. This Part III contains two lists of projects—one for highway and bicycle/pedestrian projects and one for public transit projects. Also included is semi-technical information that describes how to print the list, followed by a description of terms used in the list (including column headers), and information on how to contact NIRPC.

The list of INDOT and LPA-funded non-transit projects identifies 438 projects or project phases with a total value of approximately $409 million (with federal funds of about $331 million). The list of transit projects identifies 176 projects with a projected total cost of $1.158 billion ($578 million federal).

Page Numbering. The lists of projects have their own page numbering system. The lists begin immediately following the text in this Part III.

Printing the List of Projects. The list is formatted to print in landscape mode on standard 8.5” x 11” paper.

The list was prepared in Microsoft Excel 2013. It is being forwarded (via e- mail) to our planning partners as an independent worksheet file. A pdf version is being posted on our website. However, a copy of the Excel file will be provided to any person requesting it. Please e-mail written requests to nirpc@nirpc.org.

Contacting NIRPC. Persons with questions, comments, or suggestions regarding this document are encouraged to contact NIRPC, either via telephone at 219.763.6060, via e-mail at nirpc@nirpc.org or comments@nirpc.org, or over the internet at www.nirpc.org. Individuals with hearing impairments may contact us through the Indiana Relay 711 system by calling 711 or (800) 743-3333.

Using the List of Projects: Types of Federal Funds. Following the list is a key to the Federal funding codes used in the TIP. The TIP programs funds from the U.S. Federal Highway Administration (FHWA) and U.S. Federal Transit Administration (FTA).

Using the List of Projects: Column Headings. Following is a brief explanation of the column headings and the type of information that is found under each.

Line: This is a sequential number assigned to each line on this report. It is subject to change as new projects are added and is useful to have (along with the print date) if you are contacting NIRPC about a particular project. This will allow us to locate the project more quickly.

DES: This is a project number assigned to projects by INDOT. It is extensively used by NIRPC and INDOT. It is very helpful to have the project’s DES number when contacting NIRPC or INDOT regarding a project in the TIP. (DES numbers are also assigned to transit projects.) If the word “Pending” appears in this column, this means that a DES number has not yet been assigned to the project.

Sponsor Name: This is simply the identity of the party responsible for implementing the project. This may be INDOT, or another unit of government (such as a city, town, or county).

Route: The name of the affected street, road, or INDOT Highway route.

Work Category: The general category of work to be performed. Assigned by INDOT.

Work Type: The type of work to be performed beneath the particular category of work. Assigned by INDOT.

Location and/or Additional Details: For projects that can be identified geographically, such as roadway or bicycle/pedestrian trail projects, this field will identify the beginning and ending points of the project. Sometimes there is other information contained in this field that is thought to be helpful to the reader.

(Cost to Complete Information is provided in this field for the few projects listed for which a construction phase is not programmed.)

County: This is the primary county in which the work associated with the project will take place. In some INDOT projects the word “Various” will appear—this means that work under the project will be performed in more than one county.

DES Length: For roadway reconstruction or trail projects, the length (miles) is displayed.

Federal Fund Type: This is the federal aid program which will be used to cover project costs. Please note that some projects have multiple sources of federal aid. These are usually displayed together consecutively.

Phase Code: This is primarily for construction projects. PE means Preliminary Engineering, RW means Right of Way Services (such as title searches, abstract fees, etc.) and/or Land, Improvements, and Damages. CN refers to actual Construction, which includes the contract cost, construction engineering, and materials and inspection fees. Stand-alone planning projects carry a PE or PL phase code.

Year: This DOES NOT refer to the calendar year. This refers to the State Fiscal Year in which the funds are expected to be obligated. Indiana’s fiscal year runs from July through June. For example, State Fiscal Year 2016 will begin on July 1, 2015 and will end on June 30, 2016.

Total Cost: This is the anticipated total cost of performing the indicated phase. For projects that have multiple sources of federal aid, it will be necessary to manually compute the Grand Total cost for the particular phase.

Federal Funds: This is the anticipated level of federal aid presently allocated to the indicated project phase.

Non-Federal (Funds): This is the anticipated level of non-federal funding that is presently allocated to the indicated project phase. Non-Federal funds may include state and/or local funds.

Non-Exempt (NE) or Regionally Significant (RS):Non-exempt projects are those that have been found to add capacity (and emissions) to the transportation network and are subject to the Federal Clean Air Act, as amended and the U.S. Environmental Protection Agency’s Transportation Air Quality Conformity Regulation (40 CFR 93).

Regionally Significant projects are those which meet the standards identified in our own Regional Significance Policy, adopted in 2008.

Using the List of Projects: Other Information.

Projects are organized differently within their respective part of the lists:

Local Projects are organized by Sponsor Name.

The names of some project sponsors have been abbreviated. Following are the abbreviations (acronyms) followed by the proper name of the sponsor:

GPTC—Gary Public Transportation Corporation LaPorte—City of LaPorte (not LaPorte County) NICTD—Northern Indiana Commuter Transportation District

NIRPC—Northwestern Indiana Regional Planning Commission North—North Township Government (Lake County) OE—Opportunity Enterprises, Inc.

Porter—Town of Porter (not Porter County)

Porter CACS—Porter County Aging & Community Services, Inc. Southlake—South Lake County Community Services, Inc.

Page 1

116