(a) Applicability. This subchapter applies only to
a department toll project that will be developed under a concession
agreement or an availability payment contract, and for which:
  (1) funds allocated to a metropolitan planning organization
are expected to be used to pay for project costs;
  (2) local funds are expected to be used to pay for
project costs; or
  (3) property of a city or county is expected to be
used as project right of way or a city or county is expected to pay
for the acquisition of right of way for the project.